reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.840 - Delivery may be claimed before answer.

Except as provided in NRS 179.1171, the plaintiff in an action to recover the possession of personal property may, at the time of issuing the summons, or at any time before answer, claim the delivery of such property to the plaintiff as provided in this chapter.
[1911 CPA § 182; RL § 5124; NCL § 8680]—(NRS A 1985, 1468; 1987, 1384)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.850 - Requisites of affidavit by plaintiff.

Where a delivery is claimed, an affidavit shall be made by the plaintiff, or by someone in the plaintiff’s behalf, and filed with the court showing:
1. That the plaintiff is the owner of the property claimed (particularly describing it), or is lawfully entitled to the possession thereof.
2. That the property is wrongfully detained by the defendant.
3. The alleged cause of the detention thereof according to the plaintiff’s best knowledge, information and belief.
4. That the same has not been taken for a tax, assessment or fine pursuant to a statute, or seized under an execution or an attachment against the property of the plaintiff, or, if so seized, that it is by statute exempt from such seizure.
5. The actual value of the property.
[1911 CPA § 183; RL § 5125; NCL § 8681]—(NRS A 1973, 1151)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.853 - Order to show cause; contents; service.

The court shall promptly examine the affidavit, and if it is satisfied that it meets the requirements of NRS 31.850, shall issue an order directed to the defendant to show cause why the property should not be taken from the defendant and delivered to the plaintiff. Such order shall:
1. Fix the date and time for the hearing thereon, which shall be no sooner than 10 days from the date of issuance of the order.
2. Inform the defendant that the defendant may file affidavits on the defendant’s behalf with the court and may appear and present testimony on the defendant’s behalf at the hearing, or that the defendant may, at or prior to such hearing, file with the court a written undertaking to stay delivery of the property pursuant to NRS 31.890.
3. Inform the defendant that if the defendant fails to appear, the plaintiff will apply to the court for a writ of possession.
4. Require service of the affidavit and order upon the defendant, and fix the time and manner within which such service shall be made, which shall be by personal service or in such other manner as the court may determine to be reasonably calculated to afford notice of the proceeding to the defendant under the circumstances appearing from the affidavit.
(Added to NRS by 1973, 1149)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.856 - Issuance of writ of possession without hearing; order shortening time for hearing; undertaking by plaintiff.

1. A writ of possession may be issued prior to the hearing provided by NRS 31.853 if the plaintiff, by affidavit or by presentation of other evidence, establishes reasonable cause to believe the probability of any one of the following:
(a) The defendant gained possession of the property by the commission of any criminal act forbidden by chapter 205 of NRS.
(b) The property possessed by the defendant consists of one or more negotiable instruments or credit cards.
(c) The property sought to be returned either:
(1) Is perishable, and will perish before any hearing upon notice can be had; or
(2) By reason of threatened action by the holder, such property is in immediate danger of destruction, serious harm, concealment, removal from this state or sale to an innocent purchaser.
2. Where a writ of possession has been issued prior to hearing under the provisions of this section, the defendant or other person from whom possession of such property has been taken may apply to the court for an order shortening the time for hearing on the order to show cause, and the court may, upon such application, shorten the time for such hearing, and direct that the matter shall be heard on not less than 48 hours’ notice to the plaintiff.
3. No writ of possession may issue pursuant to this section until the plaintiff has filed with the court an approved written undertaking as required by NRS 31.863.
(Added to NRS by 1973, 1149)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.859 - Temporary restraining order in lieu of immediate issue of writ of possession.

In addition to the issuance of an order to show cause provided by NRS 31.853, and in lieu of the immediate issuance of a writ of possession provided by NRS 31.856, the court may issue such temporary restraining orders directed to the defendant prohibiting such acts with respect to the property as may appear necessary for the preservation of rights of the parties and the status of the property.
(Added to NRS by 1973, 1150)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.863 - Hearing on order to show cause; undertaking by plaintiff.

1. Upon the hearing on the order to show cause, the court shall consider the showing made by the parties appearing, and shall make a preliminary determination which party, with reasonable probability, is entitled to possession, use, and disposition of the property pending final adjudication of the claims of the parties. If the court determines that the action is one in which a prejudgment writ of possession should issue, it shall direct the issuance of such writ.
2. A writ of possession shall not issue until plaintiff has filed with the court a written undertaking executed by two or more sufficient sureties, approved by the court, to the effect that they are bound to the defendant in double the value of the property, as determined by the court, for the return of the property to the defendant if return thereof is ordered, and for the payment to the defendant of any sum as may from any cause be recovered against the plaintiff, except that if there is reasonable cause to believe that the plaintiff is a secured party, as defined in chapters 104 to 104C, inclusive, of NRS, no undertaking shall be required for the issuance of the writ of possession.
(Added to NRS by 1973, 1150)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.866 - Writ of possession.

1. The writ of possession shall be directed to the sheriff within whose jurisdiction the property is located. It shall describe the specific property to be seized, and shall specify the location or locations where, as determined by the court from all the evidence, there is probable cause to believe the property or some part thereof will be found. It shall direct the levying officer to seize it if it is found, and to retain it in the officer’s custody. There shall be attached to such writ a copy of the written undertaking filed by the plaintiff, and such writ shall inform the defendant that the defendant has the right to except to the sureties upon such undertaking or to file a written undertaking for the redelivery of such property, as provided in NRS 31.890.
2. Upon probable cause shown by further affidavit or declaration by plaintiff or someone on the plaintiff’s behalf, filed with the court, a writ of possession may be endorsed by the court, without further notice, to direct the levying officer to search for the property at another location or locations and to seize it, if found.
(Added to NRS by 1973, 1150)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.870 - Sheriff to take property described in writ; service of writ and undertaking on defendant.

Upon receipt of the writ of possession, with a copy of the written undertaking attached, the sheriff shall forthwith take the property described in the writ, if it be in the possession of the defendant or the defendant’s agent, and retain it in the sheriff’s custody. The sheriff shall also, without delay, serve on the defendant a copy of the writ and undertaking, by delivering the same to the defendant personally, if the defendant can be found, or to the defendant’s agent, from whose possession the property is taken; or, if neither can be found, by leaving them at the usual place of abode of either, with some person of suitable age and discretion; or, if neither have any known place of abode, by putting them in the nearest post office, directed to the defendant.
[1911 CPA § 185; RL § 5127; NCL § 8683]—(NRS A 1973, 1151)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.880 - Defendant may except to sufficiency of sureties.

The defendant may, within 2 days after the service of the writ and the undertaking, give notice to the sheriff that the defendant excepts to the sufficiency of the sureties. If the defendant fails to do so, the defendant shall be deemed to have waived all objection to them. When the defendant excepts, the sureties shall justify on notice in like manner as upon bail on arrest; and the sheriff shall be responsible for the sufficiency of the sureties until the objection to them is either waived, as above provided, or until they justify. If the defendant excepts to the sureties the defendant cannot reclaim the property, as provided in NRS 31.890.
[1911 CPA § 186; RL § 5128; NCL § 8684]—(NRS A 1973, 1151)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.890 - Return of property to defendant upon giving written undertaking.

At any time before the delivery of the property to the plaintiff, the defendant may, if the defendant does not except to the sureties of the plaintiff, require the return thereof, upon the filing with the court, and serving of a copy upon the plaintiff or the plaintiff’s attorney, of a written undertaking, approved by the court and executed by two or more sufficient sureties, to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for payment to the plaintiff of such sum as may for any cause be recovered against the defendant. If a return of the property is not so required within 5 days after the taking thereof and the serving of the writ of possession and undertaking upon the defendant, it shall be delivered to the plaintiff, except as provided in NRS 31.940.
[1911 CPA § 187; RL § 5129; NCL § 8685]—(NRS A 1973, 1152)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.900 - Justification of defendant’s sureties.

The defendant’s sureties, upon notice to the plaintiff of not less than 2 nor more than 5 days, shall justify before the judge or the clerk in the same manner as upon bail on arrest; and upon such justification, the sheriff shall deliver the property to the defendant. The sheriff shall be responsible for the defendant’s sureties until they justify, or until the justification is completed or expressly waived, and may retain the property until that time. If they or others in their place, fail to justify at the time and place appointed, the sheriff shall deliver the property to the plaintiff.
[1911 CPA § 188; RL § 5130; NCL § 8686]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.910 - Qualifications of sureties and manner of justification.

The qualifications of sureties and their justification shall be such as are prescribed by this chapter in respect to bail upon an order of arrest.
[1911 CPA § 189; RL § 5131; NCL § 8687]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.920 - Sheriff may take concealed property by force after demand.

If the property, or any part thereof, be concealed in a building or enclosure, the sheriff shall publicly demand its delivery. If it be not delivered, the sheriff shall cause the building or enclosure to be broken open, and take the property into the sheriff’s possession, and, if necessary, the sheriff may call to the sheriff’s aid the power of the sheriff’s county.
[1911 CPA § 190; RL § 5132; NCL § 8688]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.930 - Sheriff to keep property in secure place; to deliver upon receipt of fees and expenses.

When the sheriff shall have taken property, as in this chapter provided, the sheriff shall keep it in a secure place, and deliver it to the party entitled thereto upon receiving the sheriff’s lawful fees for taking and necessary expenses for keeping the same.
[1911 CPA § 191; RL § 5133; NCL § 8689]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.940 - Claim by third party; undertaking by plaintiff; determination of title.

1. If the property taken is claimed by any other person than the defendant or the defendant’s agent, and such person makes an affidavit of the person’s title thereto, or right to possession thereof, stating the grounds of such title or right, and files the affidavit with the court and serves a copy upon the sheriff, the sheriff is not bound to keep the property or deliver it to the plaintiff, unless the plaintiff, on demand of the sheriff or the sheriff’s agent, indemnifies the sheriff against such claim by an undertaking by two sufficient sureties, accompanied by their affidavits that they are each worth double the value of the property, as specified in the affidavit of the plaintiff, over and above their debts and liabilities, exclusive of property exempt from execution, and are freeholders or householders in the county. No claim to such property by any other person than the defendant or the defendant’s agent is valid against the sheriff unless so made.
2. The title to such property shall be determined in the manner provided for in cases of third-party claims after levy under a writ of execution or attachment.
[1911 CPA § 192; RL § 5134; NCL § 8690]—(NRS A 1971, 153; 1973, 1152)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.950 - Sheriff to make return within 20 days after taking property.

The sheriff shall file the writ of possession and undertaking with the sheriff’s proceedings thereon, with the clerk of the court in which the action is pending, within 20 days after taking the property mentioned therein.
[1911 CPA § 193; RL § 5135; NCL § 8691]—(NRS A 1973, 1152)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.010 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 31A.012 to 31A.022, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1985, 1425; A 1987, 2243; 1989, 673; 1993, 542; 1997, 2271; 2021, 2277)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.012 - "Court" defined.

"Court" means:
1. The district court; or
2. When the context requires, any judicial or administrative procedure established in this or any other state to facilitate the collection of an obligation for the support of a child.
(Added to NRS by 1997, 2270)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.013 - "Division of Welfare and Supportive Services" defined.

"Division of Welfare and Supportive Services" means the Division of Welfare and Supportive Services of the Department of Health and Human Services.
(Added to NRS by 1997, 2271)—(Substituted in revision for NRS 31A.023)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.016 - "Income" defined.

"Income" includes, but is not limited to:
1. Wages, salaries, bonuses and commissions, regardless of the frequency of payment;
2. Any money from which support may be withheld pursuant to NRS 31A.150 or 31A.330;
3. Any other money due as a pension, unemployment compensation, a benefit because of disability or retirement, or as a return of contributions and interest;
4. Any lump sum payments; and
5. Any compensation of an independent contractor, including, without limitation, any compensation described in subsections 1 to 4, inclusive, as applicable.
(Added to NRS by 1997, 2270; A 2021, 2278)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.017 - "Lump sum payment" defined.

"Lump sum payment" means:
1. A commission;
2. A discretionary or nondiscretionary bonus;
3. A productivity or performance bonus;
4. Profit sharing;
5. A referral or sign-on bonus;
6. An incentive payment for moving or relocation;
7. An attendance award;
8. A safety award;
9. A cash payment award;
10. Termination pay;
11. Severance pay; and
12. Any other one-time, unscheduled or irregular payment of compensation.
(Added to NRS by 2021, 2277)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.024 - Applicability of chapter to order issued by court of another state.

To the extent that any provision of this chapter is inconsistent with the provisions of chapter 130 of NRS regarding the effect, enforcement or modification of an order relating to the support of a child issued by a court other than a court of this state, the provision of this chapter does not apply to the order. The enforcement and any modification of such an order must comply with the provisions of chapter 130 of NRS.
(Added to NRS by 1997, 2271; A 1997, 2348)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.025 - Initiation of procedure for withholding of income; exceptions.

1. Except as otherwise provided in subsection 4, whenever a court order requiring an obligor to make payments for the support of a child includes an order directing the withholding of income for the payment of the support, the procedure provided by this chapter for the withholding of income must be carried out immediately unless:
(a) All parties agree in writing that there should be no immediate withholding; or
(b) The court finds good cause for the postponement of withholding.
2. Except as otherwise provided in subsection 3, a finding of good cause pursuant to paragraph (b) of subsection 1 must be based on a written finding by the court that the immediate withholding of income would not be in the best interests of the child. A finding that the immediate withholding of income would not be in the best interests of the child may be based on evidence that:
(a) The obligor has not been found to be in arrears for the payment of child support and is willing and able to pay the amount ordered by the court;
(b) The obligor was unaware that the obligor was the parent of the child for whom the obligor owes an obligation of support during any time in which an arrearage for the payment of child support accrued and is willing and able to pay the amount ordered by the court; or
(c) The obligor has provided full payment of the obligor’s obligation for support for each of the immediately preceding 12 months.
3. In an action for modification or adjustment of a previous order for the support of a child, a finding of good cause may be based on evidence of payment in a timely manner by the obligor under the previous order for support.
4. In the case of any court order requiring an obligor to make payments for the support of a child:
(a) That does not include an order directing the withholding of income for the payment of the support; or
(b) In connection with which:
(1) Good cause has been found by the court for the postponement of withholding; or
(2) All parties have agreed in writing that there should be no immediate withholding,
the procedure for the withholding of income must be carried out when the obligor becomes delinquent in paying the support of a child. The person entitled to the payment of support or the person’s legal representative shall notify the enforcing authority when the procedure for the withholding of income must be carried out pursuant to this subsection.
(Added to NRS by 1989, 672; A 1993, 485; 1997, 2272; 2003, 853)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.030 - Calculation of amount to be withheld; allocation of amount available from withholding.

Except as otherwise provided in NRS 31A.024:
1. Except as otherwise provided in subsection 2, the amount of income to be withheld pursuant to NRS 31A.025 to 31A.190, inclusive, must include:
(a) The amount of the current support due plus:
(1) An amount equal to 10 percent of the amount of the current periodic or other payment ordered for support, to be applied to satisfy arrearages, if any; or
(2) If the court has previously ordered the payment of arrearages in a specified manner, the amount so ordered;
(b) If the obligor is subject to a court order for the payment of current support which is not being collected pursuant to this chapter and the enforcing authority is entitled to collect any arrearages, an amount equal to 25 percent of the amount of the payment ordered for current support, to be applied to satisfy the arrearages; or
(c) If the child is emancipated, arrearages as provided in NRS 125B.100, until the arrearages are paid in full.
2. The amount of income withheld must be calculated in accordance with the percentages set forth in NRS 31.295, regardless of whether the income qualifies as disposable earnings.
3. If two or more court orders for the withholding of income are being enforced against the same obligor, the amount available from withholding must be allocated among those persons entitled to it pursuant to those orders:
(a) Giving priority to an obligation for current support; and
(b) Except as otherwise provided in paragraph (a), in the proportion that the amount owed any one person bears to the total amount owed to all persons entitled to withholding pursuant to those orders.
(Added to NRS by 1985, 1425; A 1987, 2243; 1997, 2272, 2273; 2021, 2278)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.040 - Notice to obligor who is subject to withholding.

1. The enforcing authority shall notify an obligor who is subject to the withholding of income by first-class mail to the obligor’s last known address:
(a) That the obligor’s income is being withheld;
(b) Of the amount of any arrearages;
(c) Of the amount being withheld from the obligor’s income to pay current support and the amount being withheld to pay any arrearages;
(d) That a notice to withhold income applies to any current or subsequent income payer;
(e) That a notice to withhold income of the obligor has been mailed to the income payer of the obligor;
(f) Of the information provided to the income payer of the obligor pursuant to NRS 31A.070;
(g) That the obligor may contest the withholding; and
(h) Of the grounds and procedures for contesting the withholding.
2. The provisions of this section are applicable only to an obligor against whom there is entered an order of a kind described in subsection 4 of NRS 31A.025.
(Added to NRS by 1985, 1425; A 1987, 2244; 1989, 673; 1997, 2274; 2003, 854; 2021, 2278)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.050 - Hearing to contest withholding; grounds; exceptions.

1. Except as otherwise provided in subsection 2:
(a) If an obligor, within 15 days after a notice of withholding is mailed to the obligor pursuant to NRS 31A.040, requests a hearing to contest the withholding, the enforcing authority shall apply for a hearing before the court.
(b) The obligor may contest the withholding on the following grounds:
(1) The court which issued the order for support lacked personal jurisdiction over the obligor;
(2) There is a mistake of fact as to:
(I) Whether the obligor has been delinquent in the payment of support;
(II) The amount of the arrearages or support; or
(III) The custody of the child; or
(3) The order of support was obtained by fraud.
No other issues or defenses may be presented to or determined by the court.
2. The provisions of subsection 1:
(a) Are applicable only to an obligor against whom there is entered an order of a kind described in subsection 4 of NRS 31A.025.
(b) Do not apply to an obligor who requests a hearing pursuant to NRS 130.606 to contest the enforcement, through the withholding of income, of an order for support that is registered pursuant to chapter 130 of NRS.
(Added to NRS by 1985, 1426; A 1987, 2244; 1989, 673; 1997, 2274, 2275; 2003, 855)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.060 - Determination by court; assessment of costs and attorney’s fees; notice.

1. If the court, after conducting a hearing requested pursuant to NRS 31A.050, determines that:
(a) The court that issued the order of support lacked jurisdiction or the order was obtained by fraud or a mistake of fact, it shall issue an order to stay the withholding.
(b) The order of support is valid and there is no fraud or mistake of fact, it shall issue an order confirming the withholding without modification.
2. The court shall make its decision within 45 days after the notice of the withholding is mailed to the obligor pursuant to NRS 31A.040.
3. If the court issues an order confirming the withholding, it may assess costs and attorney’s fees against the obligor.
4. The enforcing authority shall give written notice to the obligor of the decision of the court.
5. The provisions of this section are applicable only to an obligor against whom there is entered an order of a kind described in subsection 4 of NRS 31A.025.
(Added to NRS by 1985, 1426; A 1987, 2245; 1989, 674; 1997, 2275; 2003, 855)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.070 - Notice to income payer to withhold income; contents; notice may be issued electronically.

1. The enforcing authority shall mail, by first-class mail, a notice to withhold income to an income payer of an obligor:
(a) If the provisions of subsection 4 of NRS 31A.025 apply, immediately upon determining that the obligor is delinquent in the payment of support; or
(b) If the provisions of subsection 4 of NRS 31A.025 do not apply, immediately upon the entry of the order of support, unless an exception set forth in paragraph (a) or (b) of subsection 1 of NRS 31A.025 applies.
2. If an income payer of an obligor does not begin to withhold income from the obligor after receiving the notice to withhold income that was mailed pursuant to subsection 1, the enforcing authority shall mail, by certified mail, return receipt requested, another notice to withhold income to the income payer.
3. A notice to withhold income may be issued electronically and must:
(a) Contain the social security number of the obligor;
(b) Specify the amount to be withheld from the income of the obligor;
(c) Specify the amounts of the fees authorized in NRS 31A.090 and required in NRS 31A.075;
(d) Describe the limitation for withholding income prescribed in subsection 2 of NRS 31A.030;
(e) Describe the prohibition against terminating the employment of an obligor because of withholding, if applicable, and the penalties for wrongfully refusing to withhold pursuant to the notice to withhold income;
(f) Specify that, pursuant to NRS 31A.160, the withholding of income to enforce an order of a court for child support has priority over other proceedings against the same money; and
(g) Explain the duties of an income payer upon the receipt of the notice to withhold income.
(Added to NRS by 1985, 1426; A 1987, 2245; 1989, 674; 1997, 2276; 1999, 905; 2003, 855, 1021; 2021, 2279)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.072 - Withholding of certain lump sum payments.

1. An income payer who has received a notice to withhold income which includes a provision for the payment of arrears shall inform the enforcing authority before making a lump sum payment to the obligor that is $150 or more.
2. The information provided by the income payer pursuant to subsection 1 must be:
(a) On a form prescribed by the Division of Welfare and Supportive Services; and
(b) Submitted to the enforcing authority at least 10 days before the date that the income payer intends to release the lump sum payment to the obligor.
3. Within 10 days after receiving the form described in subsection 2, the enforcing authority shall provide the income payer with a written notice from the Division of Welfare and Supportive Services specifying the amount of the lump sum payment to be withheld and delivered to the enforcing authority.
4. The income payer shall not release the lump sum payment before:
(a) The date that the income payer intends to release the lump sum payment; or
(b) The 11th day after submitting the form described in subsection 2 or the date that the written notice is received by the income payer, whichever is earlier.
5. The written notice is binding on the income payer and must be sent by the enforcing authority to:
(a) The last known address of the obligor by first-class mail; and
(b) The income payer by first-class mail or electronically.
6. An obligor may contest a written notice in the same manner as described in NRS 31A.050.
(Added to NRS by 2021, 2277)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.075 - Fee to be imposed for each withholding of income: Amount; separate accounting; distribution.

1. The State Treasurer shall charge an obligor a fee of $2 for each withholding of income for the payment of support made by an income payer pursuant to this chapter, except that the fee must not be charged to an obligor more than two times during any month.
2. All such fees received by the State Treasurer from income payers pursuant to NRS 31A.080 must be accounted for separately in the State General Fund.
3. The account created pursuant to subsection 2 must be administered by the Administrator of the Division of Welfare and Supportive Services. The money in the account must be distributed among each enforcing authority pursuant to regulations adopted by the Administrator of the Division of Welfare and Supportive Services pursuant to NRS 425.365.
(Added to NRS by 2003, 1021; A 2021, 2279)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.080 - Duties of income payer upon receipt of notice to withhold or written notice.

1. An income payer who receives a notice to withhold income shall:
(a) Withhold the amount stated in the notice from the income due the obligor beginning with the first payment that occurs within 14 days after the date the notice was sent to the income payer and continuing until the enforcing authority notifies the income payer to discontinue the withholding; and
(b) Deliver the money withheld to the enforcing authority within 7 days after the date of payment.
2. An income payer who receives a written notice or a notice to withhold income shall:
(a) Deduct from the income due the obligor after the withholding, the fee set forth in NRS 31A.075;
(b) Deliver to the State Treasurer, at least quarterly, all money deducted as fees pursuant to paragraph (a); and
(c) If applicable, notify the enforcing authority and the State Treasurer when the obligor subject to withholding terminates the obligor’s employment, and provide the last known address of the obligor and the name of any new employer of the obligor, if known.
(Added to NRS by 1985, 1426; A 1987, 2246; 1997, 2276; 2003, 1022; 2021, 2280)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.090 - Written notice or notice to withhold binding upon income payer; income payer may deduct amount for reimbursement of costs; electronic transfer of payments by income payer; duty of income payer to disclose information; immunity.

1. A written notice or a notice to withhold income is binding upon any income payer of an obligor.
2. To reimburse the income payer for the costs of the income payer in making a withholding, the income payer may deduct $3 from the amount paid the obligor each time the income payer makes a withholding.
3. Except as otherwise provided in subsection 4, if an income payer receives written notices or notices to withhold income for more than one obligor, the income payer may consolidate the amounts of money that are payable to:
(a) The enforcing authority and pay those amounts with one check; and
(b) The State Treasurer and pay those amounts with one check,
but the income payer shall attach to each check a statement identifying by name and social security number each obligor for whom payment is made and the amount transmitted for that obligor.
4. If the provisions of NRS 353.1467 apply, the income payer shall make payment to the enforcing authority or the State Treasurer, as applicable, by way of any method of electronic transfer of money allowed by the enforcing authority or the State Treasurer. If an income payer has 50 or more employees, the income payer shall make payment to the Division of Welfare and Supportive Services by way of any method of electronic transfer of money allowed by the Division. If an income payer makes payment by way of electronic transfer of money pursuant to this subsection, the income payer shall transmit separately the name and appropriate identification number, if any, of each obligor for whom payment is made and the amount transmitted for that obligor.
5. An income payer shall cooperate with and provide relevant information to an enforcing authority as necessary to enable it to enforce an obligation of support. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages resulting from the disclosure.
6. As used in this section, "electronic transfer of money" has the meaning ascribed to it in NRS 353.1467.
(Added to NRS by 1985, 1427; A 1987, 2246; 1997, 2277; 2003, 1022; 2007, 3313; 2010, 26th Special Session, 2; 2021, 2280)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.095 - Enforcement proceedings against income payer for refusal to withhold and other improper acts; remedies and penalties.

1. If an income payer:
(a) Wrongfully refuses to withhold income as required pursuant to NRS 31A.025 to 31A.190, inclusive, after receiving a notice to withhold income that was sent by certified mail pursuant to subsection 2 of NRS 31A.070 or a written notice;
(b) Refuses or intentionally fails to deliver to the enforcing authority any money required pursuant to NRS 31A.072 or 31A.080; or
(c) Knowingly misrepresents the income of an obligor,
the enforcing authority may apply for and the court may issue an order directing the income payer to appear and show cause why the income payer should not be subject to the penalty prescribed in subsection 2 of NRS 31A.120.
2. At the hearing on the order to show cause, the court, upon a finding that the income payer wrongfully refused to withhold income as required, refused or intentionally failed to deliver money to the enforcing authority as required or knowingly misrepresented the income of an obligor:
(a) May order the income payer to comply with the requirements of NRS 31A.025 to 31A.190, inclusive;
(b) May order the income payer to provide accurate information concerning the income of the obligor;
(c) May fine the income payer pursuant to subsection 2 of NRS 31A.120; and
(d) Shall require the income payer to pay the amount the income payer failed or refused to withhold from the obligor’s income or refused or intentionally failed to deliver to the enforcing authority.
(Added to NRS by 1987, 2240; A 1997, 2277; 1999, 905; 2009, 954; 2021, 2281)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.100 - Immunity for complying income payer; discharge of liability of income payer to obligor; immunity for enforcing authority.

1. An income payer who complies with a written notice or notice to withhold income that is regular on its face may not be held liable in any civil action for any conduct taken in compliance with the notice.
2. Compliance by an income payer with a written notice or notice to withhold income is a discharge of the liability of the income payer to the obligor as to that portion of the income affected.
3. If a court issues an order to stay a withholding of income, the enforcing authority may not be held liable in any civil action to the obligor for any money withheld before the stay becomes effective.
(Added to NRS by 1985, 1427; A 1997, 2278; 2021, 2281)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.110 - Collection of obligation for support of spouse or former spouse in conjunction with support for child.

The enforcing authority may, pursuant to NRS 31A.025 to 31A.190, inclusive, collect, by withholding, an obligation for the support of a spouse or a former spouse under a valid order of a court, if the enforcing authority is also collecting support for a child of that spouse or former spouse from the same obligor and the child resides with the spouse or former spouse for whom the obligation of support is being collected.
(Added to NRS by 1985, 1427; A 1987, 2246; 1989, 675; 1997, 2278)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.120 - Prohibition against discharge, discipline or refusal to hire obligor because of withholding; liability of income payer for refusal to withhold and other improper acts.

1. It is unlawful for an employer to use the withholding of income to collect an obligation of support as a basis for refusing to hire a potential obligor, discharging the obligor or taking disciplinary action against the obligor. Any employer who violates this section shall hire or reinstate the obligor with no loss of pay or benefits, is liable for any payments of support not withheld and shall be fined $1,000. If an obligor prevails in an action based on this section, the employer is liable, in an amount not less than $2,500, for payment of the costs and attorney’s fees incurred by the obligor in that action.
2. If an income payer:
(a) Wrongfully refuses to withhold from the income of an obligor as required pursuant to NRS 31A.025 to 31A.190, inclusive;
(b) Refuses or intentionally fails to deliver to the enforcing authority any money required pursuant to NRS 31A.072 or 31A.080; or
(c) Knowingly misrepresents the income of the obligor,
the income payer shall pay the amount the income payer refused to withhold or refused or intentionally failed to deliver to the enforcing authority and may be ordered to pay punitive damages to the person to whom support is owed in an amount not to exceed $1,000 for each payment the income payer failed to withhold income as required, refused or intentionally failed to deliver money to the enforcing authority as required or knowingly misrepresented the income of the obligor.
(Added to NRS by 1985, 1427; A 1987, 2246; 1989, 957; 1997, 2278, 2279; 2009, 954; 2021, 2281)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.140 - Duty of person or entity for whom support is being collected to notify enforcing authority of change of address.

1. A person or other entity for whom support is being collected pursuant to NRS 31A.025 to 31A.190, inclusive, shall notify the enforcing authority of a change of address within a reasonable time after the change. The notice must be sent by first-class mail or electronically.
2. If payments are not deliverable for 3 consecutive months because of the failure of a person or other entity for whom payment of support has been withheld to notify the enforcing authority of a change of address, no further payments may be made and all payments not delivered must be returned to the obligor. The enforcing authority shall notify the income payer to discontinue withholding.
(Added to NRS by 1985, 1427; A 1997, 2279; 2021, 2282)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.150 - Other sources of money from which support may be withheld; duty of public entity upon receipt of notice to withhold.

Money may be withheld for the support of a child pursuant to NRS 31A.025 to 31A.190, inclusive, from any money:
1. Due to:
(a) The obligor as a pension, an annuity, unemployment compensation, a benefit because of disability, retirement or other cause or any other benefit;
(b) The obligor as a return of contributions and interest; or
(c) Some other person because of the death of the obligor,
from the State, a political subdivision of the State or an agency of either, a public trust, corporation or board or a system for retirement, disability or annuity established by any person or a statute of this or any other state, whether the money is payable periodically or in a lump sum regardless of the frequency of payment;
2. Due to the obligor as a lump sum payment; or
3. Due to the obligor as a judgment, a settlement, the prize from any contest or lottery or gambling winnings, from any person or other entity, regardless of the frequency of payment. As used in this subsection, "gambling winnings" means winnings at a licensed gaming establishment, as defined in NRS 463.0169, that are required to be reported to the Internal Revenue Service on Form W-2G.
(Added to NRS by 1985, 1427; A 1987, 2247; 1989, 675; 1993, 542; 1997, 2280; 2021, 381, 2282)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.160 - Order to withhold income for support has priority over other claims against money; other remedies for collection of support not precluded.

The withholding of income:
1. To enforce an order of a court for the support of a child has priority over any other proceeding against the same money.
2. To enforce an order of a court regarding an obligation for the current support of a child has priority over any other orders for the support of a child.
3. Is in addition to, and not a substitution for, any other remedy for the collection of an obligation for the support of a child.
(Added to NRS by 1985, 1428; A 1997, 2281)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.180 - Modification of amount withheld.

If an order for support on which a notice to withhold income is based is amended or modified, the enforcing authority shall, upon receipt of a certified copy of the amendment or modification, notify the income payer of the obligor to modify the amount to be withheld accordingly.
(Added to NRS by 1985, 1428; A 1997, 2281; 2021, 2283)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.190 - Voluntary request for withholding.

An obligor may voluntarily have the payment for support withheld from the obligor’s income by filing a request and a certified copy of the order for support with the enforcing authority. The enforcing authority shall send a notice to withhold income to the income payer of the obligor, and the income payer shall withhold and pay the amount as required in the notice.
(Added to NRS by 1985, 1428; A 1997, 2281; 2021, 2283)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.250 - Court may order assignment of income.

In any proceeding in which the court orders an obligor to pay any amount for the support of a child, the court may also order the obligor to assign to the person entitled to the payment of support, or that person’s legal representative, that portion of the income of the obligor which is due or to become due and is sufficient to pay the amount ordered by the court for the support.
(Added to NRS by 1987, 2240; A 1997, 2283)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.270 - Calculation of amount to be assigned.

NRS 31A.160 applies to all assignments of income pursuant to NRS 31A.250 to 31A.330, inclusive. The assignment:
1. Must be calculated in accordance with the percentages set forth in NRS 31.295, regardless of whether the income qualifies as disposable earnings.
2. May include the amount of the current support due and a payment on the arrearages if previously ordered by a court of competent jurisdiction.
(Added to NRS by 1987, 2241; A 1999, 550, 906; 2021, 2283)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.280 - Effect of order for assignment; duty of income payer to cooperate; modification of amount assigned; reimbursement of income payer; refusal of income payer to honor assignment; discharge of liability of income payer to pay amount assigned.

1. An order for an assignment issued pursuant to NRS 31A.250 to 31A.330, inclusive, operates as an assignment and is binding upon any existing or future income payer of an obligor upon whom a copy of the order is served by first-class mail or electronically. The order may be modified or revoked at any time by the court.
2. To enforce the obligation for support, the income payer shall cooperate with and provide relevant information concerning the obligor to the person entitled to the support or that person’s legal representative. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.
3. If the order for support is amended or modified, the person entitled to the payment of support or that person’s legal representative shall notify the income payer of the obligor to modify the amount to be withheld accordingly.
4. To reimburse the income payer for the costs incurred by the income payer in making the payment pursuant to the assignment, the income payer may deduct $3 from the amount paid to the obligor each time the income payer makes a payment.
5. If an income payer wrongfully refuses to honor an assignment or knowingly misrepresents the income of an obligor, the court, upon request of the person entitled to the support or that person’s legal representative, may enforce the assignment in the manner provided in NRS 31A.095 for the enforcement of the withholding of income.
6. Compliance by an income payer with an order of assignment operates as a discharge of the liability of the income payer to the obligor as to that portion of the income of the obligor affected.
(Added to NRS by 1987, 2241; A 1997, 2283; 1999, 906; 2021, 2283)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.290 - Prohibition against discharge or discipline of obligor as result of assignment.

An employer may not use assignments of income for payments to collect an obligation of support as a basis for the discharge of an obligor or for disciplinary action against the obligor. An employer who discharges or disciplines an obligor in violation of this section shall reinstate the obligor with no loss of pay or benefits, is liable for any payments of support not paid and shall be fined $1,000. If an obligor prevails in an action for reinstatement based on this section, the employer is liable, in an amount of not less than $2,500, for payment of the costs and attorney’s fees incurred by the obligor in that action.
(Added to NRS by 1987, 2242; A 1997, 2283; 2021, 2284)
2023 Nevada Revised Statutes › Chapter 31A - Enforcement of Obligations for Support of Children › NRS 31A.300 - Payments to be made to enforcing authority; district attorney may enforce order; duty of enforcing authority to disburse payments.

In any proceeding where a court makes or has made an order of assignment of income for the payment of the support of a child to a person, the court shall direct that payments made pursuant to the assignment be made to the enforcing authority. The district attorney may appear in any proceeding to enforce that order. The enforcing authority shall disburse the payments so received to the person to whom the assignment was made in the amount that the person is entitled to receive.
(Added to NRS by 1987, 2242; A 1997, 2284; 1999, 906)