Nev. Admin. Code § 425.155

Current through November 8, 2024

Section 425.155 - Review and adjustment of order if obligor incarcerated or involuntarily institutionalized for 180 consecutive days or more

1. If an obligor is incarcerated or involuntarily institutionalized for a period of 180 consecutive days or more, or is released from such incarceration or involuntary institutionalization, such an occurrence is considered to be a substantial change in circumstances that warrants the review and, if appropriate, the adjustment of an order based on the obligor's ability to pay. A party or the enforcing authority may petition the court to request a hearing for review.

2. Incarceration or involuntary institutionalization must not be treated as voluntary unemployment and income must not be imputed to an obligor who is incarcerated or involuntarily institutionalized.

3. The court may verify that an obligor has the means to pay more or less than the child support obligation established in the order during the period that he or she is incarcerated or involuntarily institutionalized.

4. If a child support obligation is reduced during the period that an obligor is incarcerated or involuntarily institutionalized, beginning on the first day of the month following the release of the obligor, the child support obligation must be set by using the lowest monthly income in the low-income schedule established pursuant to NAC 425.145 or, if a higher child support obligation was ordered by the court during the period of incarceration or involuntary institutionalization, to the higher of the two. This subsection must not be construed to preclude an obligor from seeking a modification of an order based on a change in circumstances or another authorized reason.

5. This section must not be construed to prohibit a party or the enforcing authority from petitioning the court for a determination of a child support obligation or any arrearage.

6. As used in this section, "incarcerated or involuntarily institutionalized" includes, without limitation:

(a) Imprisonment in a federal or state prison or a county jail; and

(b) Involuntary commitment to a facility for the detention of children or a mental health facility.

Nev. Admin. Code § 425.155

Added to NAC by Div. of Welfare & Supp. Services by R183-18A, 10-30-2019, eff. 2/1/2020

NRS 425.620

REVISER'S NOTE.

The regulation of the Division of Welfare and Supportive Services filed with the Secretary of State on October 30, 2019 (LCB File No. R183-18), the source of this section, contains the following provision not included in NAC:

"Sec. 22. 1. The provisions of section 18 of this regulation [NAC 425.155 ] apply to any order for the support of a child that is issued or modified in this State on or after the effective date of this regulation [February 1, 2020].

2. As used in this section, "order for the support of a child" has the meaning ascribed to it in NRS 125B.145."