Title 3

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]

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 bro…

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…

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…

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 menti…

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, …

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, 227…

NRS 31A.0125 “Disposable earnings” defined. “Disposable earnings” has the meaning ascribed to it in NRS 31.295. (Added to NRS by 2021, 2276)

NRS 31A.013 “Division of Social Services” defined. “Division of Social Services” means the Division of Social Services of the Department of Human Services. (Added to NRS by 1997, 2271)—(Substituted in revision for NRS 31A.023)

NRS 31A.0135 “Employer” defined. “Employer” means a person or entity that employs an obligor as an employee or independent contractor. (Added to NRS by 2021, 2276)

NRS 31A.014 “Enforcing authority” defined. “Enforcing authority” means the Division of Social Services, its designated representative or the district attorney. (Added to NRS by 1997, 2270)

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, un…

NRS 31A.0165 “Income payer” defined. “Income payer” means any employer, person or other entity required to withhold and deliver income pursuant to NRS 31A.025 to 31A.190, inclusive. (Added to NRS by 2021, 2277)

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 atte…

NRS 31A.018 “Notice to withhold income” defined. “Notice to withhold income” means a notice issued pursuant to NRS 31A.070. (Added to NRS by 1997, 2271)

NRS 31A.019 “Obligor” defined. “Obligor” means a person who is liable or alleged to be liable for the support of a child. (Added to NRS by 1997, 2271)

NRS 31A.021 “State” defined. “State” has the meaning ascribed to it in NRS 130.10179. (Added to NRS by 1997, 2271; A 1997, 2348)

NRS 31A.022 “Written notice” defined. “Written notice” means the notice issued pursuant to subsection 3 of NRS 31A.072. (Added to NRS by 2021, 2277) APPLICABILITY OF CHAPTER

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 ch…

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 paymen…

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…

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 …

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 e…

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 fra…

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 app…

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…

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 t…

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 wi…

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 withh…

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 t…

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…

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 und…

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 suppo…

NRS 31A.130 Regulations governing documentation and distribution of payments. The Division of Social Services shall adopt regulations which establish procedures for all enforcing authorities for documenting payments for support and for the expeditious distribution of amounts with…

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 ch…

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…

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 ag…

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 m…

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…

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 represent…

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 qua…

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…

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…

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,…

NRS 31A.310 Duty of person or entity for whom support is being collected to notify court and income payer of obligor of change of address. 1. The person or other entity to whom support is ordered to be paid by assignment of income shall notify the court and the income payer of th…

NRS 31A.320 Petition by obligor to terminate order of assignment. An obligor may petition the court to terminate an order of assignment of income if: 1. The required payments have been withheld and paid for 18 consecutive months to the person entitled to the support; and 2. All a…