Considerations against deposit, sale or use of assets; presumptions against obligor-parent; procedure for opposition; attorney’s fees and costs.
1. If raised by the obligor-parent, the court, in deciding a motion for an order to deposit assets or a motion to stop a sale or the use of assets, may consider any of the following factors, among other legal or equitable defenses:
(a) The payments of support of the child were not in arrears at the time the declaration was filed.
(b) The granting of the order or the denial of the motion would have a serious adverse effect on the immediate family members of the obligor-parent who reside with the obligor-parent which would outweigh the effect on the other parent of the denial of the order or the granting of the motion.
(c) The granting of the order or denial of the motion would substantially impair the ability of the obligor-parent to generate income.
(d) Any other specified emergency condition which impairs the ability of the obligor-parent to make the payment of support.
2. Where evidence is presented that the obligor-parent is in arrears in the payment of support of a child, the obligor-parent must dispute the presumption that nonpayment of support of the child was willful, without good faith, and that the obligor-parent had the ability to pay the support.
3. An obligor-parent may oppose the use of the money or the sale of the assets pursuant to subsection 2 of NRS 125B.210 if he files a motion therefor within 15 days after service of notice of the impending use or sale of the assets. The clerk of the court shall set the motion for hearing not later than 20 days after service on the trustee and on the person to whom support has been ordered to have been paid.
4. If the obligor-parent is found to be in arrears at the time the declaration was filed, the court shall award reasonable attorney’s fees and costs to the person to whom support has been ordered to have been paid, even if the obligor-parent has cured the arrearage at the time of the hearing.
Last modified: February 25, 2006