Laws on Child Support Arrears in Nevada
By Heather Frances J.D.
Nevada’s laws on child support payments, including arrearages, are covered in Chapters 125B and 130 of Nevada Revised Statutes. While state agencies are available to help, you may wish to consult with an attorney if you have questions about how these laws apply to your specific situation.
Child Support Orders
Nevada law only allows a custodial parent to collect child support arrears from a non-custodial parent when there is a court order requiring child support payments. If there is no court-ordered child support in your case, you will not be able to collect back child support unless you first get a court order. A Nevada court may order the non-custodial parent to pay up to four years of back child support, as well as future support, even if there was no previous court order in place.
Child Support Enforcement
Nevada’s Department of Health and Human Services administers Nevada’s Child Support Enforcement Program, which is designed to make child support more reliable; thereby, increasing families’ self-sufficiency. The Child Support Enforcement Program provides many services, including assistance in locating non-custodial parents, establishing and enforcing support orders, establishing paternity and collecting child support payments.
Collecting Overdue Payments
Nevada law allows collection of child support arrears from various sources. For example, child support payments can be withheld from paychecks, unemployment benefits and tax refunds. Additionally, child support liens may be placed on the non-custodial parent’s bank accounts and real property. Nevada law also allows suspension of the non-custodial parent’s driver’s license, professional licenses or U.S. passport for failing to pay past due support.
Collections Across State Lines
Nevada has adopted the Interstate Family Support Act, included in Chapter 130 of Nevada Revised Statutes, to govern child support collections across state lines. When Nevada’s support enforcement agency receives a request from the support enforcement agency of another state, Nevada adopts that request as a certification of the past-due amount owed in the other state. Nevada may then provide child support collection assistance to the other state or to the custodial parent.
Heather Frances has been writing professionally since 2005. Her work has been published in law reviews, local newspapers and online. Frances holds a Bachelor of Arts in social studies education from the University of Wyoming and a Juris Doctor from Baylor University Law School.