Nevada § 31A.025 - Initiation of procedure for withholding of income; exceptions

§ 31A.025. Initiation of procedure for withholding of income; exceptions

1. Except as otherwise provided in subsection 4, whenever a court order requiring

an obligor to make payments for the support of a child includes an order directing

the withholding of income for the payment of the support, the procedure provided by

this chapter for the withholding of income must be carried out immediately unless: (a) All parties agree in writing that there should be no immediate withholding; or (b) The court finds good cause for the postponement of withholding. 2. Except as otherwise provided in subsection 3, a finding of good cause pursuant

to paragraph (b) of subsection 1 must be based on a written finding by the court that

the immediate withholding of income would not be in the best interests of the child. A finding that the immediate withholding of income would not be in the best interests

of the child may be based on evidence that: (a) The obligor has not been found to be in arrears for the payment of child support

and is willing and able to pay the amount ordered by the court; (b) The obligor was unaware that the obligor was the parent of the child for whom

the obligor owes an obligation of support during any time in which an arrearage for

the payment of child support accrued and is willing and able to pay the amount ordered

by the court; or (c) The obligor has provided full payment of the obligor’s obligation for support

for each of the immediately preceding 12 months. 3. In an action for modification or adjustment of a previous order for the support

of a child, a finding of good cause may be based on evidence of payment in a timely

manner by the obligor under the previous order for support. 4. In the case of any court order requiring an obligor to make payments for the support

of a child: (a) That does not include an order directing the withholding of income for the payment

of the support; or (b) In connection with which: (1) Good cause has been found by the court for the postponement of withholding; or (2) All parties have agreed in writing that there should be no immediate withholding, the procedure for the withholding of income must be carried out when the obligor becomes

delinquent in paying the support of a child. The person entitled to the payment of support or the person’s legal representative

shall notify the enforcing authority when the procedure for the withholding of income

must be carried out pursuant to this subsection.