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)
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.