AB 37 — Revises provisions relating to the enforcement of obligations for the support of children. (BDR 3-301)

Any other one-time, unscheduled or irregular payment of compensation.

and (b) Submitted to the enforcing authority at least 10 days before the date that the income payer intends to release the lump sumsumefore payment to the obligor.

- 81st Session (2021) – 4 – 3.

Within 10 days after receiving the form described in subsection 2, the enforcing authority shall provide the income payer with a written notice from the Division of Welfare and Supportive Services specifying the amount of the lump sum paymentpay4.ntThe toincome bepayer withheldshall andnot deliveredrelease to the enforcinglump authority.sum paymenty.

4.before:

The income payer shall not release the lump sum payment before:

WagesWages, [,]salaries, bonuses and salariescommissions ;[;] , regardless of the2.reAny money from which support may be withheld pursuant to NRS 31A.150 or 31A.330;

[,3. bonuses and commissions;] 2.

Any money from which support may be withheld pursuant to NRS 31A.150 or 31A.330;

- *AB37_R1* – 5 – 3.

- 81st Session (2021) – 5 – (a) The(1) An amount equal to 10 percent of the amount of the current supportperiodic dueor plus:other payment ordered for support, to be applied to satisfy arrearages, if any;

(1) An amount equal to 10 percent of the amount of the current periodic or other payment ordered for support, to be applied to satisfy arrearages, if any;

If two or more court orders for the withholding of income are being enforced against the same obligor, the amount available from withholding must be allocated among those persons entitled to it pursuant to those orders:

- *AB37_R1* – 6 – (c) Of the amount being withheld from the obligor’s income to pay current support and the amount being withheld to pay any arrearages;arr(d) That a notice to withhold income applies to any current or subsequent [employer;] income payer;

(d) That a notice to withhold income applies to any current or subsequent [employer;] income payer;

2.- 81st Session (2021) – 6 – obligor against whom there is entered an order of a kind described in subsection 4 of NRS 31A.025.

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.

If an [employer] income payer of an obligor does not begin to withhold income from the obligor after receiving the notice to withhold income that was mailed pursuant to subsection 1, the enforcing authority shall mail, by certified mail, return receipt requested, another notice to withhold income to the [employer.][employer.]pt income payer.

- *AB37_R1* – 7 – (f) Specify that, pursuant to NRS 31A.160, the withholding of income to enforce an order of a court for child support has priority over other proceedings against the same money;

The State Treasurer shall charge an obligor a fee of $2 for each withholding of income for the payment of support made by an [employer] income payer pursuant to this chapter, - 81st Session (2021) – 7 – except that the fee must not be charged to an obligor more than two times during any month.

All such fees received by the State Treasurer from [employers] income payers pursuant to NRS 31A.080 must be accountedacc3. for separately in the State General Fund.

3.

(a) Deduct from the income due the obligor after the withholding , [pursuant to subsection 1,] the fee set forth in NRSNRS[4.] 31A.075;(b) Deliver to the State Treasurer, at least quarterly, all money deducted as fees pursuant to [subsection 3;] paragraph (a);

[4.] (b) Deliver to the State Treasurer, at least quarterly, all money deducted as fees pursuant to [subsection 3;] paragraph (a);

Notify] (c) If applicable, notify the enforcing authority and the State Treasurer when the obligor subject to withholding terminates the obligor’s employment, and provide the last known address of - *AB37_R1* – 8 – the obligor and the name of any new employer of the obligor, if known.

To reimburse the [employer] income payer for the [employer’s] costs of the income payer in making [the] a withholding,- the81st [employer]Session income(2021) payer– may8 deduct– $3 from the amount paid the obligor each time the [employer] income payerpayerhe makes a withholding.

If the provisions of NRS 353.1467 apply, the [employer] income payer shall make payment to the enforcing authority or the State Treasurer, as applicable, by way of any method of electronic transfer of money allowed by the enforcing authority or the StateStatec Treasurer.

[5.]has 6.the meaning ascribed to it in NRS 353.1467.

As used in this section, “electronic transfer of money” hasSec. the meaning ascribed to it in NRS 353.1467.

Sec.

- *AB37_R1* – 9 – (a) Wrongfully refuses to withhold income as required pursuant to NRS 31A.025 to 31A.190, inclusive, and section 7 of this act after receiving a notice to withhold income that was sent by certified mail pursuant to subsection 2 of NRS 31A.070 [;] or a written notice;

- 81st Session (2021) – 9 – (b) Refuses or intentionally fails to deliver to the enforcing authority any money required pursuant to NRS 31A.080 [;] or section 7 of this act;

or (c) Knowingly misrepresents the income of an [employee,] obligor,  the enforcing authority may apply for and the court may issue an order directing the [employer] income payer to appear and show cause why the [employer] income payer should not be subject to the penalty prescribed in subsection 2 of NRS 31A.120.

An [employer] 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 action for any conduct taken in compliance with the notice.

- *AB37_R1* – 10 – Sec.

It is unlawful for an employer to use the withholding of income to collect an obligation of support as a basis for refusing to hire a potential [employee,] obligor, discharging the [employee] obligor or taking disciplinary action against the - 81st Session (2021) – 10 – [employee.] obligor.

If an [employee] obligor prevails in an action based on this section, the employer is liable, in an amount not less than $2,500, for payment of the [employee’s] costs and attorney’s feesfeesan incurred by the obligor in that action.

A person or other entity for whom support is being collected pursuant to NRS 31A.025 to 31A.190, inclusive, and section 7 of this act shall notify the enforcing authority of a change of address within a reasonable time after the change.

- *AB37_R1* – 11 – Sec.

- 81st Session (2021) – 11 – [(a)] 1.

or [(2)] (b) The obligor as a return of contributions and interest;

or [(3)] (c) Some other person because of the death of the obligor,  from the State, a political subdivision of the State or an agency of either, a public trust, corporation or board or a system for retirement, disability or annuity established by any person or a statute of this or any other state, whether the money is payable periodically or in a lump sum [;

31A.180 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 [employer] income payer of the obligor to modify the amount to be withheld accordingly.

- *AB37_R1*81st Session (2021) – 12 – 1.

May include the amount of the current support due and a paymentcompetent onjurisdiction.es the arrearages if previously ordered by a court of competentSec. jurisdiction.

Sec.

To reimburse the [employer] income payer for the [employer’s] costs incurred by the income payer in making the payment pursuant to the assignment, the [employer] income payer may deduct $3 from the amount paid to the obligor each time the [em5.oyIf an [employer] income payer makeswrongfully arefuses payment.to honor an assignment or knowingly misrepresents the income of an [employee,] obligor, the court, upon request of the person entitled to the support or that person’s legal representative, may enforce the assignment in the manner provided in NRS 31A.095 for the enforcement of the withholding of income.

5.

If an [employer] income payer wrongfully refuses to honor an assignment or knowingly misrepresents the income of an [employee,] obligor, the court, upon request of the person entitled to the support or that person’s legal representative, may enforce the assignment in the manner provided in NRS 31A.095 for the enforcement of the withholding of income.

An employer who discharges or disciplines - 81st Session (2021) – 13 – an [employee] obligor in violation of this section shall reinstate the [employee] obligor with no loss of pay or benefits, is liable for any - *AB37_R1* – 13 – payments of support not paid and shall be fined $1,000.

If an [employee] obligor prevails in an action for reinstatement based on this section, the employer is liable, in an amount of not less than $2,500, for payment of the [employee’s] costs and attorney’s feesfeesan incurred by the obligor in that action.

[(a)] (1) The obligor as a pension, an annuity, unemployment compensation, a benefit because of disability, retirement or other cause;

When a [certified] copy of any order of assignment is served by [certified] first-class mail [, return receipt requested,] or electronically on any person or entity described in subsection 1, other than the Federal Government, [it] the person or entity must comply with any request for a return of [employee contributions] the income by an [employee] obligor named in the order by paying - 81st Session (2021) – 14 – the [contributions] income to the person entitled to the payment of support or that person’s legal representative unless the person or entity described in subsection 1 has received a [certified] copy of an order terminating the order of assignment.

A court may not directly -or *AB37_R1*indirectly –condition 14the –issuance, modification or termination of, or condition the terms or conditions of, any order for the support of a child upon the issuance of such a request by an [employee.] obligor.

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