1. Except as otherwise provided in NRS 125B.230, if, in any proceeding where the court has ordered a parent to pay for the support of a minor child:
(a) A declaration is signed under penalty of perjury by the person to whom support has been ordered to have been paid stating that the obligor-parent is in arrears in payment in a sum equal to or greater than the amount of 30 days of payments;
(b) Notice and opportunity for hearing on an application to the court, an order to show cause, or a notice of motion has been given to the obligor-parent; and
(c) The court makes a finding that good cause has been shown and that there exists one or more of the conditions set forth in NRS 125B.240,
the court shall issue to the obligor-parent an order requiring the obligor-parent to deposit assets to secure future payments of support with a trustee designated by the court and to pay reasonable attorney’s fees and costs to the person to whom support has been ordered. The court may designate the district attorney, another county officer or any other person as trustee.
2. Upon receipt of the assets, the trustee designated by the court to receive the assets shall use the money or sell or otherwise generate income from the deposited assets for an amount sufficient to pay the arrearage, administrative costs, any amount currently due pursuant to an order of the court for the care, support, education and maintenance of the minor child, interest upon the arrearage, and attorney’s fees, if:
(a) The obligor-parent fails, within the time specified by the court, to cure the default in the payment of the support of a child due at the time the trustee receives the deposited assets, or fails to comply with a plan for payment approved by the court;
(b) Further arrears in payments accrue after the trustee receives the deposited assets, or the arrearage specified in the declaration is not paid current within any 30-day period following the trustee’s receipt of the assets;
(c) No fewer than 25 days before the sale or use of the assets, written notice of the trustee’s intent to sell or use the assets is served personally on the obligor-parent or is mailed to the obligor-parent by certified mail, return receipt requested; and
(d) A motion or order to show cause has not been filed to stop the use or sale, or if filed, has been denied by the court.
The sale of assets must be conducted in accordance with the provisions set forth in NRS 21.130 to 21.260, inclusive, governing the sale of property under execution.
3. To cover the administrative costs of the trustee, the trustee may deduct from the deposited money all actual costs incurred in a sale and 5 percent of each payment made pursuant to subsection 2.
(Added to NRS by 1989, 855; A 1993, 2627)
Structure Nevada Revised Statutes
Chapter 125B - Obligation of Support
NRS 125B.004 - "Court" defined.
NRS 125B.008 - "State" defined.
NRS 125B.010 - Applicability of chapter.
NRS 125B.012 - Applicability of chapter 130 of NRS.
NRS 125B.020 - Obligation of parents.
NRS 125B.030 - Recovery by parent with physical custody from other parent.
NRS 125B.040 - Recovery by person other than parent.
NRS 125B.050 - Period of limitations.
NRS 125B.080 - Amount of payment: Determination.
NRS 125B.090 - Manner of payment for judgment or order issued by court in Nevada.
NRS 125B.100 - Payment of arrearages for emancipated child.
NRS 125B.110 - Support of child with handicap beyond age of majority.
NRS 125B.120 - Discharge of parent’s obligation.
NRS 125B.130 - Liability of parent’s estate.
NRS 125B.135 - Cause of action subsequent to issuance of order: Notice and service of process.
NRS 125B.140 - Enforcement of order for support.
NRS 125B.170 - Disclosure of information by enforcing authority; regulations.
NRS 125B.180 - Concurrence of remedies.
NRS 125B.240 - Limitations upon issuance of order for deposit of assets.
NRS 125B.250 - Assets subject to order for deposit; use of performance bond in lieu of other assets.
NRS 125B.260 - Ex parte order restraining disposition of property during pendency of proceedings.
NRS 125B.270 - Limitation on liability of trustee.
NRS 125B.290 - Statement of disbursements and receipts.
NRS 125B.300 - Recovery of unreimbursed fees and costs of trustee.