Uncontested Divorce Portal

Victoria Divorce Intelligence • AI-guided uncontested divorce

What Happens If Child Support Isn't Paid in Nevada: 2026 Enforcement Guide

By Antonio G. Jimenez, Esq.Nevada15 min read

At a Glance

Residency requirement:
Under NRS 125.020, at least one spouse must have been a resident of Nevada for a minimum of six weeks immediately before filing for divorce. There is no separate county residency requirement. Residency must be proven through an Affidavit of Resident Witness signed by another Nevada resident who can confirm the filing spouse's physical presence in the state.
Filing fee:
$284–$364
Waiting period:
Nevada calculates child support based on a percentage of the non-custodial parent's gross monthly income under NRS 125B.070 and NAC Chapter 425. The base percentages for income up to $6,000/month are 16% for one child, 22% for two, 26% for three, and an additional 2% per child thereafter. A tiered system applies graduated lower percentages to higher income brackets. In joint custody arrangements, support is calculated for both parents and the higher earner pays the difference.

As of May 2026. Reviewed every 3 months. Verify with your local clerk's office.

Need a Nevada divorce attorney?

One personally vetted attorney per county — by application only

Find Yours

When a parent fails to pay court-ordered child support in Nevada, the state has extensive enforcement powers that can result in wage garnishment of up to 65% of disposable income, suspension of driver's and professional licenses, property liens, tax refund interception, passport denial for arrears over $2,500, and criminal prosecution with potential felony charges if arrears exceed $10,000. Under NRS 125B.140, Nevada courts and the Child Support Enforcement program operated by the Division of Welfare and Supportive Services (DWSS) can pursue collection indefinitely—there is no statute of limitations on enforcing existing child support orders.

Key Facts: Nevada Child Support Enforcement

FactorNevada Requirement
Enforcement AgencyDivision of Welfare and Supportive Services (DWSS)
Maximum Wage Garnishment50-65% of disposable earnings
License Suspension Threshold$1,000 in arrears or 2+ months delinquent
Passport Denial Threshold$2,500 in arrears (federal law)
Criminal Misdemeanor ThresholdAny willful nonpayment
Criminal Felony Threshold$10,000+ in arrears or second offense with $5,000+
Interest Rate on ArrearsPrime rate + 2% (approximately 10.5% in 2026)
Annual Service Fee$35 when $550+ collected
Statute of LimitationsNone for existing court orders

How Nevada Enforces Unpaid Child Support

Nevada uses a multi-pronged enforcement approach that combines administrative remedies, civil court actions, and criminal prosecution to collect unpaid child support from delinquent parents. The Child Support Enforcement program, operated by the Division of Welfare and Supportive Services under NRS 422A.060, provides free services to custodial parents seeking to collect support arrears. Either parent can apply for enforcement services with no application fee, though a $35 annual service fee applies when more than $550 has been collected and distributed in a federal fiscal year.

The enforcement tools available in Nevada include income withholding orders sent directly to employers, interception of federal and state tax refunds, reporting delinquencies to credit bureaus, suspension of driver's licenses and professional licenses, denial of passport applications or renewals, filing liens against real property and bank accounts, intercepting lottery winnings, and pursuing contempt of court actions that may result in jail time.

Income Withholding and Wage Garnishment

Wage garnishment represents the primary enforcement mechanism for collecting child support enforcement Nevada relies upon most frequently. Under NRS 31.295, Nevada law mirrors federal limits set by the Consumer Credit Protection Act, permitting garnishment of 50% of disposable earnings if the obligor currently supports another spouse or child, or 60% if no other dependents are supported. An additional 5% can be garnished—bringing the maximum to 55% or 65%—if the obligor is more than 12 weeks behind on payments.

Once an income withholding order is issued, the employer must begin deducting child support within 7 business days of receiving the order and remit payments to the State Disbursement Unit. Employers face penalties for failing to comply with withholding orders, including liability for the amounts they should have withheld. Withholding also applies to unemployment compensation, workers' compensation benefits, and certain pension payments.

Tax Refund Interception

The Federal Tax Refund Offset Program allows Nevada to intercept federal income tax refunds from parents who owe child support arrears. For cases receiving public assistance, the threshold is $150 in past-due support; for non-assistance cases, the threshold is $500. State tax refund interception has no minimum threshold in Nevada.

Intercepted funds are applied first to current support due, then to arrears owed to the state for public assistance reimbursement, and finally to arrears owed to the custodial parent. In 2024, the federal program collected over $2.4 billion nationwide in intercepted tax refunds for child support.

License Suspension for Unpaid Child Support

Nevada authorizes suspension of multiple types of licenses when a parent becomes delinquent in child support payments, making this one of the most effective enforcement tools for motivating compliance. Under NRS 425.510, license suspension is triggered when arrears reach $1,000 or the equivalent of two or more months of support—whichever is less.

Driver's License Suspension

The Nevada DMV will suspend a driver's license upon notification from the District Attorney or DWSS Child Support Enforcement office that a court has determined the parent is in arrears. Under NRS 483.443, the delinquent parent receives written notice that their license is subject to suspension and has 30 days to satisfy the arrearage or enter into a payment agreement. If no action is taken within 30 days, the DMV suspends the license without a hearing.

To prevent or lift a driver's license suspension, the delinquent parent must either pay the full arrearage, enter into an approved payment agreement that includes a lump sum toward arrears, or demonstrate that another entity (such as an employer's payroll error) caused the delinquency. Reinstatement requires payment of the DMV reinstatement fee, currently $75, but does not require retaking driving tests.

Professional and Occupational License Suspension

Nevada can suspend professional licenses issued by state licensing boards, including licenses for doctors, nurses, attorneys, contractors, real estate agents, and other regulated professions. The process mirrors driver's license suspension: the licensing board receives notice of the arrearage, issues a 30-day warning to the licensee, and proceeds with suspension if the arrearage is not addressed.

For professionals whose livelihood depends on maintaining their license, this enforcement tool creates powerful incentive to remain current on support payments. Courts may consider reinstating the license if the obligor demonstrates a genuine inability to pay and proposes a realistic payment plan.

Recreational License Suspension

Hunting and fishing licenses can also be suspended for child support arrears under Nevada law. While less economically impactful than professional license suspension, this measure demonstrates the state's comprehensive approach to enforcement.

Property Liens and Asset Seizure

When child support arrears accumulate, Nevada law permits recording the support order as a lien against the delinquent parent's property. Under NRS 125B.142, once recorded, the support order creates a lien on all real and personal property owned by the responsible parent in the county where recorded.

Real Property Liens

A child support lien must be satisfied before the property can be sold or refinanced with clear title. The lien attaches to any real estate the obligor owns in Nevada and, under NRS 125B.144, liens recorded in other states are entitled to full faith and credit in Nevada courts.

Bank Account Levy

Nevada can seize funds directly from bank accounts to satisfy child support arrears. The Financial Institution Data Match (FIDM) program requires banks to report account information for individuals who owe child support, enabling the state to identify and levy accounts containing sufficient funds.

Seizure of Other Assets

Lump sum workers' compensation settlements, lottery winnings, and certain insurance proceeds can all be intercepted to satisfy unpaid child support. Nevada participates in the State Lottery Intercept Program, which captures prizes of $600 or more won by parents with child support arrears.

Passport Denial for Child Support Arrears

Under federal law at 42 U.S.C. § 652(k), the U.S. Department of State denies passport applications and renewals for any individual certified by a state child support agency as owing more than $2,500 in child support arrears. This enforcement tool is particularly effective for parents who travel internationally for business or pleasure.

Once the arrearage falls below $2,500 or the parent enters into a satisfactory payment arrangement, the state can decertify the case, allowing the passport to be issued or renewed. The passport denial process is automatic—parents are not entitled to a hearing before denial occurs, though they may contest the validity of the arrearage through state court procedures.

Contempt of Court Proceedings

When administrative enforcement measures prove insufficient, the custodial parent or Child Support Enforcement office can file a motion for contempt of court against the delinquent parent. Contempt proceedings give the non-paying parent an opportunity to explain why they have not paid and potentially face serious penalties including incarceration.

Filing for Contempt

To initiate contempt proceedings, the custodial parent files a motion with the family court that issued the original support order. Filing fees range from $25 to $75 depending on the county, though fee waivers are available for parents whose income falls below 150% of the federal poverty level. The motion must specify the amounts owed, the dates payments were missed, and the enforcement remedy sought.

Contempt Hearing Process

At the contempt hearing, the court determines whether the delinquent parent had the ability to pay and willfully refused to do so. The obligor may present defenses including loss of employment, serious illness or disability, incarceration, or other circumstances that genuinely prevented payment. The court will review the obligor's income, assets, expenses, and employment history.

If the court finds the parent in contempt, penalties may include:

  • Immediate payment of a lump sum toward arrears
  • Establishment of a structured payment plan
  • Fines and court costs
  • Community service
  • Jail time (typically 30 days for civil contempt, with purge conditions)

Judges generally prefer to avoid jailing parents because incarceration makes it even harder to pay support, but courts use this option as a last resort when a parent demonstrates willful disregard for their support obligation.

Criminal Prosecution for Nonpayment

Nevada criminalizes the willful failure to pay court-ordered child support under NRS 201.020. Criminal prosecution represents the most severe enforcement option, reserved for cases involving substantial arrears or repeated violations.

Misdemeanor Nonsupport

A person who knowingly fails to provide court-ordered support for a minor child commits a misdemeanor punishable by up to 6 months in jail, a fine up to $1,000, or both. This charge applies to any willful nonpayment regardless of the amount owed.

Felony Nonsupport (Category C Felony)

Nonpayment becomes a Category C felony under NRS 201.020(2) when:

  • Arrears total $10,000 or more accumulated over any period since the first court order, OR
  • It is a second or subsequent violation and arrears total $5,000 or more

A Category C felony conviction carries a potential prison sentence of 1 to 5 years, a fine up to $10,000, or both. Beyond the criminal penalties, a felony conviction can affect custody determinations in family court, employment opportunities, and professional licensing.

Federal Criminal Charges

In extreme cases involving interstate flight to avoid support obligations or arrears exceeding $5,000 for over one year (or $10,000 regardless of duration), federal prosecution is possible under the Child Support Recovery Act (18 U.S.C. § 228). Federal penalties range from 6 months for first offenses to 2 years for subsequent convictions.

Interest and Penalties on Child Support Arrears

Unpaid child support in Nevada accrues both interest and penalties, significantly increasing the total amount owed over time. Understanding these additional charges is essential for both custodial parents seeking enforcement and obligors working to satisfy arrears.

Interest Rate Calculation

Under NRS 99.040, when no specific interest rate is stated in the court order, interest accrues at the prime rate at the largest bank in Nevada (as determined by the Commissioner of Financial Institutions on January 1 or July 1, whichever is most recent) plus 2%. This rate adjusts semiannually. As of January 2026, with the prime rate at approximately 8.5%, the effective interest rate on child support arrears is approximately 10.5% per annum.

Interest accrues monthly based on the outstanding balance at the end of each month. Interest is mandatory—courts have no discretion to waive it, and it applies automatically to all past-due support amounts.

10% Statutory Penalty

Under NRS 125B.095, an additional 10% per annum penalty applies to any child support installment that remains delinquent for one month or more. This penalty is separate from and in addition to the interest charge, meaning total accumulation on arrears can exceed 20% annually. The penalty cannot be imposed if the delinquency was caused by the employer's error or a failure by a child support enforcement agency.

Arrears Calculation Example

Consider a parent who falls $12,000 behind on child support and takes 3 years to satisfy the arrearage:

  • Original arrearage: $12,000
  • Interest at 10.5% over 3 years: approximately $3,780
  • Penalty at 10% over 3 years: approximately $3,600
  • Total owed after 3 years: approximately $19,380

This example illustrates why addressing arrears promptly is financially critical—delay significantly increases the total obligation.

No Statute of Limitations on Child Support Enforcement

Nevada has no statute of limitations for enforcing existing child support orders. Under NRS 125B.100, even after a child reaches adulthood, the paying parent must continue making payments until all arrearages are fully satisfied. Back child support does not disappear when the child turns 18—arrears remain collectible indefinitely.

If no support order ever existed, a custodial parent may generally recover up to four years of back support from the date a case is filed. However, once a court order establishes the support obligation, all past-due amounts under that order can be collected regardless of when they accrued.

This means a parent who owes $50,000 in arrears when their child turns 18 will still owe that entire amount—plus accumulated interest and penalties—until paid in full. The state can continue using all enforcement tools, including wage garnishment and tax intercepts, against the adult child's parent.

How to Request Child Support Enforcement in Nevada

Custodial parents have two primary paths for pursuing child support enforcement Nevada courts and agencies provide: working with the state Child Support Enforcement program or hiring a private attorney to file enforcement motions.

State Child Support Enforcement Services

The Nevada Child Support Enforcement program, administered by the Division of Welfare and Supportive Services (DWSS), offers comprehensive enforcement services at no application cost. Services include:

  • Locating non-custodial parents
  • Establishing paternity when necessary
  • Establishing and modifying support orders
  • Enforcing support orders through all available administrative and legal remedies
  • Collecting and distributing support payments

To apply, visit the Nevada Child Support Enforcement website at childcare.nv.gov or contact the district office serving your county. The annual $35 service fee only applies when more than $550 has been collected and distributed.

Private Attorney Enforcement

Custodial parents may also hire a private family law attorney to pursue enforcement through the courts. This option offers more personalized attention and potentially faster action on contempt motions, though it involves legal fees. Many attorneys offer payment plans or will request that the court order the delinquent parent to pay attorney's fees as part of the enforcement action.

Filing fees for contempt motions range from $25 to $75 depending on the county. As of May 2026, verify exact fees with your local district court clerk.

Frequently Asked Questions

What is the maximum wage garnishment for child support in Nevada?

Nevada permits wage garnishment of 50% of disposable earnings if the obligor supports another spouse or child, or 60% if not supporting other dependents. An additional 5% can be garnished if arrears exceed 12 weeks, making the maximum 55% or 65% of disposable income under NRS 31.295.

Can I go to jail for not paying child support in Nevada?

Yes. Willful nonpayment is a misdemeanor punishable by up to 6 months in jail. If arrears reach $10,000 or more, or if it is a second offense with arrears of $5,000+, nonpayment becomes a Category C felony under NRS 201.020 with potential prison time of 1 to 5 years.

How long can Nevada collect back child support?

There is no statute of limitations on collecting child support arrears in Nevada once a court order exists. Arrears remain collectible indefinitely, even after the child turns 18, until the full amount plus interest and penalties is paid under NRS 125B.100.

What happens if I owe more than $2,500 in child support?

If arrears exceed $2,500, the U.S. State Department will deny any passport application or renewal under federal law at 42 U.S.C. § 652(k). This denial remains in effect until arrears drop below $2,500 or you enter an approved payment arrangement.

Can Nevada suspend my professional license for unpaid child support?

Yes. Nevada can suspend driver's licenses, professional and occupational licenses, and recreational licenses when arrears reach $1,000 or two months of support—whichever is less. Under NRS 425.510, you receive 30 days' notice before suspension takes effect.

What interest rate applies to child support arrears in Nevada?

Interest accrues at the prime rate plus 2%—approximately 10.5% annually as of 2026 under NRS 99.040. Additionally, a 10% per annum penalty applies to installments delinquent for one month or more under NRS 125B.095, potentially totaling over 20% annually.

How do I report unpaid child support in Nevada?

Contact the Nevada Child Support Enforcement program through DWSS at childcare.nv.gov or call 1-800-992-0900. Either parent can apply for services at no cost. The program will pursue enforcement through wage garnishment, tax intercepts, license suspension, liens, and court action.

Can I get a fee waiver for filing a contempt motion?

Yes. Fee waivers are available by filing an Application to Proceed In Forma Pauperis if your income falls below 150% of the federal poverty level or your monthly expenses exceed your income. Filing fees for contempt motions range from $25 to $75 depending on the county.

What if the other parent hides assets to avoid paying support?

Nevada uses the Financial Institution Data Match program to locate bank accounts and the Federal Parent Locator Service to track employment and assets. Discovery in contempt proceedings can compel disclosure of financial information. Hiding assets to avoid support may result in additional penalties for fraud.

Does child support enforcement affect custody decisions?

While child support and custody are legally separate issues, a criminal conviction for nonsupport under NRS 201.020 can influence custody determinations. Courts consider each parent's commitment to the child's welfare, and failing to financially support a child may be viewed as evidence of parental unfitness.

Estimate your numbers with our free calculators

View Nevada Divorce Calculators

Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering Nevada divorce law

Vetted Nevada Divorce Attorneys

Each city on Divorce.law has one personally vetted exclusive attorney.

+ 2 more Nevada cities with exclusive attorneys

Part of our comprehensive coverage on:

Child Support — US & Canada Overview