Punishment for Not Paying Child Support in the State of Nevada

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    Child Support Enforcement

    • Child Support Services (CSS) is a child support enforcement program funded by the state and federal governments and is part of the Nevada Division of Welfare and Supportive Services. CSS is authorized to enforce child support orders when a parent does not pay. There is no statute of limitations on child support enforcement in Nevada, so though the child support obligation terminates when the child turns 18, CSS is permitted to collect all unpaid support owed under the order from the first missed payment through the final payment before termination.

    Income Penalties

    • To punish a parent for failing to pay child support, and also to actually collect the owed support, Nevada CSS is permitted to garnish the parent's wages and seize other income. CSS will issue a wage withholding order to the parent's employer, requiring the employer to deduct a percentage from the parent's paycheck and transfer the withheld amount to the custodial parent. In addition to wages, CSS can also garnish Social Security benefits, workers' compensation payments and unemployment benefits. If wage garnishment does not pay the back support in full, CSS will also seize a state or federal income tax refund, state lottery winnings and funds in the parent's bank account.

    Criminal Penalties: State Law

    • Under Nevada state law, a parent who intentionally fails to pay child support can be charged with civil or criminal contempt. If a court holds a parent in civil contempt, he can be sentenced to jail and will not be released until he pays the full amount of back child support owed. A jail sentence for criminal contempt is fixed based on the amount of back support owed and the number of times a parent has previously been held in contempt for failure to pay child support.

    Criminal Penalties: Federal Law

    • There are also federal laws prohibiting the intentional failure to support a minor child and the state attorney can bring these charges in a Nevada federal court. When back support is between $5,000 and $10,000, the parent can be convicted of a misdemeanor and ordered to serve six months in jail. The sentence increases to two years for any subsequent convictions. If the back support is more than $10,000, the crime is a felony with a sentence of two years. Additionally, the parent will still be required to pay all back child support in full.

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