373 P.3d 84 (Nev. 2016), 66854, Valdez v. Aguilar

Docket Nº:66854
Citation:373 P.3d 84, 132 Nev.Adv.Op. 37
Opinion Judge:HARDESTY, J.
Party Name:JOSUE TERRONES VALDEZ, Appellant, v. PATRICIA SOTO AGUILAR, Respondent
Attorney:Jonathan H. King, Reno, for Appellant. Patricia Soto Aguilar, Reno, in Pro se. Christopher J. Hicks, District Attorney, and Susan D. Hallahan, Deputy District Attorney, Family Support Division, Washoe County, for Washoe County District Attorney's Office.
Judge Panel:Hardesty, J. We concur: Parraguirre, C.J., Douglas, J., Cherry, J., Saitta, J., Gibbons, J., Pickering, J. We concur: Parraguirre, C.J., Douglas, J., Cherry, J., Saitta, J., Gibbons, J., Pickering, J.
Case Date:May 26, 2016
Court:Supreme Court of Nevada
SUMMARY

Appellant, as the custodial parent, sought child support payments from respondent. The district court entered a child support order; appellant subsequently moved for enforcement and alleged that respondent had child support arrearages; and respondent, who had received public assistance during a portion of the time she owed support, asserted that her child support obligation should be suspended... (see full summary)

 
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373 P.3d 84 (Nev. 2016)

JOSUE TERRONES VALDEZ, Appellant,

v.

PATRICIA SOTO AGUILAR, Respondent

No. 66854

Supreme Court of Nevada, En Banc

May 26, 2016

Appeal from a district court order affirming in part and denying in part a master's findings and recommendations in a child support matter. Second Judicial District Court, Family Court Division, Washoe County; Bridget E. Robb, Judge.

Reversed and remanded.

Jonathan H. King, Reno, for Appellant.

Patricia Soto Aguilar, Reno, in Pro se.

Christopher J. Hicks, District Attorney, and Susan D. Hallahan, Deputy District Attorney, Family Support Division, Washoe County, for Washoe County District Attorney's Office.

Hardesty, J. We concur: Parraguirre, C.J., Douglas, J., Cherry, J., Saitta, J., Gibbons, J., Pickering, J.

OPINION

HARDESTY, J.

In this appeal, we must determine whether a court-ordered child support obligation owed by a noncustodial parent receiving public assistance to a custodial parent is suspended by NRS 425.360(4). We conclude that the support obligation is not suspended. The provisions of NRS 425.360 are only implicated when public assistance has " creat[ed] a debt for support to the Division" of Welfare and Supportive Services of the Department of Health and Human Services. It does not apply to suspend child support payments owed by one parent to another. Accordingly, we reverse the district court order and remand for a recalculation of child support arrearages.

FACTS AND PROCEDURAL HISTORY

Josue Terrones Valdez and Patricia Soto Aguilar are the parents of a minor child. As the custodial parent, Valdez sought child support

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payments from Aguilar. The district court entered a child support order effective December 2010 requiring Aguilar to pay $531 per month. Aguilar failed to make payments, so on August 12, 2013, Valdez moved for enforcement of the child support order, alleging that Aguilar had child support arrearages of over $19,000.

In defense, Aguilar, who had received public assistance during a portion of the time she owed support, asserted that her child support obligation to Valdez should be...

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