Nevada Revised Statutes 31A.050 – Hearing to contest withholding; grounds; exceptions
1. Except as otherwise provided in subsection 2:
Terms Used In Nevada Revised Statutes 31A.050
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(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. 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.