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)
Structure Nevada Revised Statutes
Chapter 31A - Enforcement of Obligations for Support of Children
NRS 31A.012 - "Court" defined.
NRS 31A.0125 - "Disposable earnings" defined.
NRS 31A.013 - "Division of Welfare and Supportive Services" defined.
NRS 31A.0135 - "Employer" defined.
NRS 31A.014 - "Enforcing authority" defined.
NRS 31A.016 - "Income" defined.
NRS 31A.0165 - "Income payer" defined.
NRS 31A.017 - "Lump sum payment" defined.
NRS 31A.018 - "Notice to withhold income" defined.
NRS 31A.019 - "Obligor" defined.
NRS 31A.021 - "State" defined.
NRS 31A.022 - "Written notice" defined.
NRS 31A.024 - Applicability of chapter to order issued by court of another state.
NRS 31A.025 - Initiation of procedure for withholding of income; exceptions.
NRS 31A.030 - Calculation of amount to be withheld; allocation of amount available from withholding.
NRS 31A.040 - Notice to obligor who is subject to withholding.
NRS 31A.050 - Hearing to contest withholding; grounds; exceptions.
NRS 31A.060 - Determination by court; assessment of costs and attorney’s fees; notice.
NRS 31A.072 - Withholding of certain lump sum payments.
NRS 31A.080 - Duties of income payer upon receipt of notice to withhold or written notice.
NRS 31A.130 - Regulations governing documentation and distribution of payments.
NRS 31A.180 - Modification of amount withheld.
NRS 31A.190 - Voluntary request for withholding.
NRS 31A.250 - Court may order assignment of income.
NRS 31A.270 - Calculation of amount to be assigned.
NRS 31A.290 - Prohibition against discharge or discipline of obligor as result of assignment.
NRS 31A.320 - Petition by obligor to terminate order of assignment.