Enforcement of Nevada Child Support Orders
There are several options available to parties in family court for enforcing orders for Nevada child support and spousal support. At Rosenblum Law Offices, we can review your existing support order and advise you regarding the options available to you for enforcing the order. When considering Nevada child support enforcement, the options available are as follows:
Contempt of Court
Contempt of court cases usually occur when a party is aware of an existing support order but simply refuses to follow it. In order to find someone in contempt, the burden of proving the contempt lies with the party making the charge of contempt and the burden is high. Contempt of court cases usually occur when one party simply refuses to pay child support or spousal support despite the available means to do so. Rarely do these cases end in jail time for the offending party; but there is a risk if the contempt is egregious. Fines are usually the result of a contempt of court case.
A wage assignment means that the offending party’s employer must pay the other party directly instead of relying on the offending party to make the payment. Usually, wage assignment are available either by stipulation or if the offending party has fallen 30 days behind in making payments.
A writ of execution allows the non-offending party to liquidate the offending party’s assets in order to satisfy a judgment or court obligation. A writ of seizure can be executed against property as well as bank and deposit accounts in order to satisfy past-due support payments.
Arrears is the amount of money due and owing on a support obligation. For example, if wife is ordered to pay husband $500 a month for child support and fails to do so for 3 months, wife is in arrears $1,500 to husband. Usually, arrears are established by a motion filed with the court along with a schedule of arrears showing how much was owed each month and how much was paid.
The delinquent party may dispute the arrears amount by filing an opposition and offering proof of payment or an explanation as to why payment has not been made. If arrears are established, the Court may requirement payment of the entire amount in full or allow the offending party to make payments over time. Arrears may also be subject to penalties and interest.