425.510 - Reporting to Department of Motor Vehicles names of persons who failed to pay support or comply with certain subpoenas or warrants; request for hearing; good faith effort to resolve matter re
425.510 Reporting to Department of Motor Vehicles names of persons who failed to pay support; request for hearing; good faith effort to resolve matter required; plan for repayment of arrearages. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
1. Each district attorney or other public agency collecting support for children shall send a notice by first-class mail to each person who is in arrears in the payment for the support of one or more children. The notice must include the information set forth in subsection 2 and a statement of the amount of the arrearage.
2. If the person does not, within 30 days after the person receives the notice required by subsection 1:
(a) Satisfy the arrearage pursuant to subsection 7; or
(b) Submit to the district attorney or other public agency a written request for a hearing,
Ê the district attorney or other public agency shall report the name of that person to the Department of Motor Vehicles.
3. Before a hearing requested pursuant to subsection 2 may be held, the person requesting the hearing and a representative of the enforcing authority must meet and make a good faith effort to resolve the matter.
4. If a person requests a hearing within the period prescribed in subsection 2 and meets with the enforcing authority as required pursuant to subsection 3, a hearing must be held pursuant to NRS 425.3832. The master shall notify the person of the recommendation of the master at the conclusion of the hearing or as soon thereafter as is practicable. If the master determines that the person is in arrears in the payment for the support of one or more children, the master shall include in the notice the information set forth in subsection 5.
5. If the master determines that a person who requested a hearing pursuant to subsection 2 is in arrears in the payment for the support of one or more children, the master shall notify the person that if the person does not immediately agree to enter into a plan for the repayment of the arrearages that is approved by the district attorney or other public agency, the driver’s license and motorcycle driver’s license of the person may be subject to suspension. If the person does not agree to enter into such a plan and the district court issues an order approving the recommendation of the master, the district attorney or other public agency shall report the name of that person to the Department of Motor Vehicles.
6. The district attorney or other public agency shall, within 5 days after the person who is in arrears in the payment for the support of one or more children satisfies the arrearage pursuant to subsection 7, notify the Department of Motor Vehicles that the person has satisfied the arrearage.
7. For the purposes of this section:
(a) A person is in arrears in the payment for the support of one or more children if:
(1) The person:
(I) Owes a total of more than $1,000 for the support of one or more children for which payment is past due; and
(II) Is delinquent for not less than 2 months in payments for the support of one or more children or any payments ordered by a court for arrearages in such payments; or
(2) The person has failed to provide medical insurance for a child as required by a court order.
(b) A person who is in arrears in the payment for the support of one or more children may satisfy the arrearage by:
(1) Paying all of the past due payments;
(2) If the person is unable to pay all past due payments:
(I) Paying the amounts of the overdue payments for the preceding 12 months which a court has determined are in arrears; or
(II) Entering into and complying with a plan for the repayment of the arrearages which is approved by the district attorney or other public agency enforcing the order; or
(3) If the arrearage is for a failure to provide and maintain medical insurance, providing proof that the child is covered under a policy, contract or plan of medical insurance.
(c) A person shall be deemed to have received a notice 3 days after it is mailed, by first-class mail, postage prepaid, to that person at the last known address of the person.
(Added to NRS by 1995, 949; A 1997, 2028, 2030; 1999, 520; 2001, 2609; 2007, 261, 262, effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)