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Who enforces the Deadbeat Parents Punishment Act of 1998? My ex is neither paying fines or being imprisioned. ?

Las Vegas, NV |

The state of Nevada has done virtually nothing to my ex husband for non payment. He has been garnished, he has moved out of state, and still does not pay. Not even the minimum that he had modified a few years ago. As soon as a new employer finds out he owes me 40 thousand dollars, he quits and finds another job. He has been doing this for 5 years. I have told the D.A. and CSE. Who else can I tell. I have a new court order granting me total custody and reducing his arrears to judgment. If this is public law 105-187 then why is he not in jail. He is in town for 5 days. I found the building he is staying at and I found his car. He does not know I found it. Can I contact the authorities, or is it not that easy. Pretty soon me and my kids will be homeless. While he skates as usual.

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Attorney answers 2

Best Answer

My colleague is correct, there has to be a contempt motion and then a warrant for arrest can issue. The DA can also refer the matter to the criminal division for felony failure to pay, but that doesn't do any good when the person doesn't live in that jurisdiction. The problem with out of state persons and those who move frequently is that the system lacks the resources to chase them and jailing them doesn't get the arrears paid.

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The state doesn't just jail people, nor can it.

A motion needs to be brought to hold him in contempt, and *then* he can be jailed. If served with the order to show cause to appear on such a matter, and he does not, a warrant can issue.

Either private counsel or the DA FSD can file the motion.