Proposed Nevada Divorce Law Allowing Family Members during Divorce Hearings Meets Senate Judiciary Committee
Late last week, the Nevada Senate Judiciary Committee began to hear testimony on two bills that would change family law in the state. Specifically, Assemblyman John Carpenter lobbied to the committee on behalf of AB90, which would allow family members (excluding children) of a divorcing couple to attend divorce hearings, and AB117, which would fight paternity fraud in the state. An Associated Press story in the Las Vegas Sun detailed how no one spoke in opposition to these changes to current Nevada divorce and family law.
Current Nevada divorce law allows either party to ask for a private hearing. Under AB90, parents and siblings of the couple getting a divorce in Nevada would be able to sit in on the proceedings. Children of the divorcing couple would not be allowed to be present during the divorce hearing, and either party could still ask a judge to exclude a family member from the proceeding based on “good cause.” Carpenter explained to the Senate Judiciary Committee that family members should be allowed in divorce hearings to provide moral support for their loved ones during a highly difficult and stressful situation.
Carpenter’s other bill, AB117, would create the misdemeanor crime of paternity fraud in Nevada. Paternity fraud typically involves a man sending a friend or another imposter to take a required DNA test determining the father of the involved child. This proposed change to Nevada family law would equate the crime with a penalty of up to six months in jail and a $1,000 fine. The AP story said that test-evading fathers and their imposter assistants can not be charged under current Nevada law but may be held in contempt of court.
Ed Ewert, a Clark County deputy district attorney who works in family law, said in the story that these imposter cases make up only 1 to 2 percent of DNA testing cases in Nevada. However, Ewert added that a man who gets away with paternity fraud may ultimately escape paying tens of thousands of dollars during a child’s lifetime. Ewert suggested in the story that AB117 should make paternity fraud a gross misdemeanor and ultimately double the time in jail and the amount of the fine, and some members of the Senate Judiciary Committee agreed that stiffer penalties should be in line.
Both of these bills passed the Assembly last week. Be sure to frequently visit The Divorce Blog for the latest updates on these family law proposals in the Senate and other hopeful Nevada divorce laws currently in the legislature.
