§ 425.350 — Duty of parent to support child; assignment of right to support upon acceptance of assistance; appointment of Administrator as attorney-in-fact; enforceability of debt for support; notice of assignment

Nevada § 425.350

• Jurisdiction: Nevada
• Title 38: PUBLIC WELFARE
• Ch. 425: Support

Text

1. A parent has duties to support his or her children which include any duty arising by law or under a court order.
2. If a court order specifically provides that no support for a child is due, the order applies only to those facts upon which the decision was based.
3. By accepting assistance in his or her own behalf or in behalf of any other person, the applicant or recipient shall be deemed to have made an assignment to the Division of all rights to support from any other person which the applicant or recipient may have in his or her own behalf or in behalf of any other member of the family for whom the applicant or recipient is applying for or receiving assistance. Except as otherwise required by federal law or as a condition to the receipt of federal money, rights to support include, but are not limited to, accrued but unpaid payments for support and payments for support to accrue during the period for which assistance is provided. The amount of the assigned rights to support must not exceed the amount of public assistance provided or to be provided. If a court order exists for the support of a child on whose behalf public assistance is received, the Division shall attempt to notify a located responsible parent as soon as possible after assistance begins that the child is receiving public assistance. If there is no court order for support, the Division shall with service of process serve notice on the responsible parent in the manner prescribed in subsection 2 of NRS 425.3822 within 90 days after the date on which the responsible parent is located.
4. The recipient shall be deemed, without the necessity of signing any document, to have appointed the Administrator as the attorney-in-fact of the recipient with power of substitution to act in the name of the recipient and to endorse all drafts, checks, money orders or other negotiable instruments representing payments for support which are received as reimbursement for the public assistance previously paid to or on behalf of each recipient.
5. The rights of support assigned under subsection 3 constitute a debt for support owed to the Division by the responsible parent. The debt for support is enforceable by any remedy provided by law. The Division, through the prosecuting attorney, may also collect payments of support when the amount of the rights of support exceeds the amount of the debt for support.
6. The assignment provided for in subsection 3 is binding upon the responsible parent upon service of notice of the assignment. After notification, payments by the responsible parent to anyone other than the Division must not be credited toward the satisfaction of the debt for support. Service of notice is complete upon:
(a) The mailing, by first-class mail, of the notice to the responsible parent at the last known address of the responsible parent;
(b) Service of the notice in the manner provided for service of civil process; or
(c) Actual notice.

Legislative History

(Added to NRS by 1977, 720 ; A 1981, 352 ; 1985, 1431 ; 1995, 2424 ; 1997, 2246 )