Nevada Child Support Enforcement Resource Center
- Nevada Support Enforcement Measures
- Who Can Enforce Court Ordered Child Support in Nevada
- Nevada Child Support Services Caseload Statistics
- Interest on Missed Child Support Payments
- Statute of Limitations on Back Child Support
- Statute of Limitations on Determining Paternity
- Age of Emancipation / Age of Majority
- How Are Child Support Payment Amounts Determined in Nevada?
- Custody and Visitation Issues
Even if the non-custodial parent lives outside the state of Nevada, the law requires cooperation between states. The non-custodial parent is legally required to make regular child support payments, regardless of where they live.
If a non-custodial parent does not pay child support, he or she is subject to enforcement measures in accordance with Federal and Nevada child support law to collect regular and past-due payments.
- Withholding child support from paychecks, worker’s compensation, and/or unemployment benefits.
- Interception of state and/or federal income tax refunds.
- Reporting to credit bureaus.
- Suspension or revocation of driver’s, professional or occupational licenses.
- Denial, suspension or revocation of U.S. passport and applications.
- Filing contempt of court actions, which may result in a jail sentence.
- Filing liens to seize matched bank accounts, lump sum worker’s compensation settlements and real or personal property.
- Interception of lottery winnings.
The Nevada Division of Welfare and Supportive Services is the state-run child support enforcement office for Nevada. The services of the Child Support Services are required by federal law and funded by the federal government and the State of Nevada.
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1 U.S. Office of Child Support Enforcement, Boxscores for FY 2005
Nevada does allow for interest on past due child support. If no specific interest rate is noted in a court order, interest must be allowed at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, plus 2 percent, upon all money from the time it becomes due (NRS 99.040) A 10% per annum penalty may be imposed by the district attorney’s office, the court and public agencies. (NRS 125B.095)
According to Nevada law, there is no statute of limitations on child support enforfcement if the court order exists. If the order does not exist, retroactive support for a period of 4 years may be requested.
Paternity must be established by 3 years after the child reaches the age of majority (see below).
Age of majority in Nevada is 18; 19 if a the child is in high school and expects to graduate by age 19.
Child support is automatically terminated at the age of majority unless otherwise specified in the court order. In cases of mental or physical disability, the court may extend support beyond the age of majority (NRS 125B.110).
The amount of support is usually dermined by a formula defined in Nevada Revised Statute 125B.070. If the amount of support deviates from the formula, the parties must stipulate sufficient facts justifying the deviation to the court, and the court makes a written finding based on those facts.
Child support and visitation rights are separate issues. The court determines both and will usually order the non-custodial parent to pay support and the custodial parent to make the child available for visits.
The custodial parent must obey the court order for visitation, even if the non-custodial parent cannot or will not pay child support. The court can enforce any of its orders against either parent.