AB 95 — Revises provisions governing child support. (BDR 38-197)

(ReprintedAssembly withBill amendmentsNo. adopted on April 20, 2017) FIRST REPRINT A.B.

9595–Assemblywoman ABenitez-Thompson SSEMBLYCHAPTER.......... B ILLN O.

95–ASSEMBLYWOMAN B ENITEZ-THOMPSON PREFILED FEBRUARY 1, 2017 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions governing child support.

(BDR 38-197) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(NRS 125B.020, 425.350) Under existing law, if a parent or other person with custody of a child receives public assistance in his or her own behalf or in behalf of to child support from any other person to the child:Division of Welfare and Supportiveright Services of the Department of Health and Human Services to the extent of the public assistance received;

(1) the parent or other person is deemed to have assigned his or her rightf to child support from any other person to the Division of Welfare and Supportive Services of the Department of Health and Human Services to the extent of the public assistance received;

(NRS 425.350, 425.360) incurredExisting bylaw aalso parentprovides orthat any other person who is a recipientdebt of public assistance for the benefitsupport of a dependent child duringmay thenot periodbe whenincurred theby a parent or any other person who is a recipient of public assistance for a recipient of such public assistance.

Aguilar, 132 Nev.Nev.is Adv.

Adv.

37 (2016), the Nevada Supreme Court held that this provision of existing law suspends a debt for support of a child owed to the Division by a parent or other person who is a recipient of public assistance for the benefit of a dependent child, but does not suspend a debt for support of a child owed by the recipient of public providesassistance thatto aanother parent or other person who is a recipient of Temporary Assistancebill for Needy Families for the benefit of a dependent child does not incur a debt for support of a child, whether owed to the Division or any other person, during the period that the parent or other person iswith receivingcustody suchof assistance, unless a court finds that the parentchild. or other person has remained purposefully unemployed.

This bill also provides that anya debtparent foror other person who is a recipient of Temporary Assistance support of a childchild, incurredwhether beforeowed to the personDivision -or *AB95_R1*any –other 2person, –during abeyancether whileperiod that the parent or other person is receiving such assistance.amiliesassistance, areunless helda incourt THEfinds PEOPLEthat OFthe THEparent STATEor OFother NEVADA,person REPRESENTEDhas INremained SENATEpurposefully ANDunemployed. ASSEMBLY, DO ENACT AS FOLLOWS:

This bill also provides that any debt for support of a child incurred before the person becomes a recipient of Temporary Assistance for Needy Families are held in abeyance while the person is receiving such assistance.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Notwithstanding the provisions of chapters 31A, 125B and 126 of NRS, debts for support of a child owed to any person may not be incurred by a parent or any other person who is the recipient of Temporary Assistance for Needy Families pursuant to the provisions of chapter 422A of NRS for the benefit of a - 79th Session (2017) – 2 – dependent child for the period when the parent or other person is ahas recipient,remained unlesspurposefully aunemployed.t court finds that the parent or other person has2. remained purposefully unemployed.

2.

Families”3. has the meaning ascribed to it in NRS 422A.080.

As used in this section, “Temporary Assistance for Needy Sec.Families” has the meaning ascribed to it in NRS 422A.080.

Sec.

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