Nevada § 31A.050 Hearing to contest withholding; grounds; exceptions

Nevada Statutes

§ 31A.050 — Hearing to contest withholding; grounds; exceptions

Nevada·Title 3 REMEDIES; SPECIAL ACTIONS AND PROCEEDINGS·Ch. 31A Enforcement· WITHHOLDING OF INCOME

1. Except as otherwise provided in subsection 2:

(a)If an obligor, within 15 days after a notice of withholding is mailed to the obligor pursuant to NRS 31A.040 , requests a hearing to contest the withholding, the enforcing authority shall apply for a hearing before the court.

(b)The obligor may contest the withholding on the following grounds:

(1)The court which issued the order for support lacked personal jurisdiction over the obligor;

(2)There is a mistake of fact as to:

(I)Whether the obligor has been delinquent in the payment of support;

(II)The amount of the arrearages or support; or

(III)The custody of the child; or

(3)The order of support was obtained by fraud. Ê No other issues or defenses may be presented to or determined by the court. 2. The provisions of subsection 1: (

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1. Except as otherwise provided in subsection 2:
(a) If an obligor, within 15 days after a notice of withholding is mailed to the obligor pursuant to NRS 31A.040 , requests a hearing to contest the withholding, the enforcing authority shall apply for a hearing before the court.
(b) The obligor may contest the withholding on the following grounds:
(1) The court which issued the order for support lacked personal jurisdiction over the obligor;
(2) There is a mistake of fact as to:
(I) Whether the obligor has been delinquent in the payment of support;
(II) The amount of the arrearages or support; or
(III) The custody of the child; or
(3) The order of support was obtained by fraud.
Ê No other issues or defenses may be presented to or determined by the court.
2. The provisions of subsection 1:
(a) Are applicable only to an obligor against whom there is entered an order of a kind described in subsection 4 of NRS 31A.025 .
(b) Do not apply to an obligor who requests a hearing pursuant to NRS 130.606 to contest the enforcement, through the withholding of income, of an order for support that is registered pursuant to chapter 130 of NRS.

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