Child Support Attorney in Las Vegas, NV
Under Nevada law, the term “child support” is defined as the financial contribution made by one parent to help support his or her child. NRS 125B.020 provides that the parents of a child have “a duty to provide the child necessary maintenance, health care, education, and support.”
Under NRS 125B.030, the custodial parent may recover child support for the period of separation but before the action to establish support or the divorce. The child support obligation continues to run until the child’s 18th birthday, or if the child is still enrolled in high school, on the child’s 19th birthday.
If you are facing a divorce or paternity action involving child support, then contact an experienced family law attorney in Las Vegas, NV, at Mills, Mills & Anderson. Our attorneys represent both mothers and fathers in child support and child custody cases throughout Clark County, including Las Vegas, Henderson and North Las Vegas, Nevada. Call (702) 386-0030 today to discuss your case.
Child Support Calculations in Nevada
The child custody arrangement between the parents helps determine the way the child support calculation is made. For the purposes of child support calculations in Nevada, joint physical custody means that each parent has the child for at least 40% of the time calculated over a one-year period.
If the parties do not share joint physical custody, then the non-custodial parents generally pays a percentage of gross monthly income to the custodial parent. Those percentages of gross income depend on the number of children:
One Child - 18% of gross monthly income
Two Children - 25% of gross monthly income
Three Children - 29% of gross monthly income
Four Children - 31% of gross monthly income
Add a 2% increase for each child thereafter
Child Support Calculations for Joint Physical Custody Cases
To determine the amount of child support owed by one parent to another when the parents share joint physical custody you must first calculate the percentage each parent would pay under the primary physical custody calculation. Then you must calculate the difference between these two amounts by subtracting the higher number from the lower number. The higher income parent must pay the lower income parent that amount. Then apply the presumptive maximum if necessary.
Income Range Presumptive Maximum
At Least Less than Maximum Amount / Child
$0 $4,235 $621
$4,235 $6,351 $683
$6,351 $8,467 $747
$8,467 $10,585 $807
$10,585 $12,701 $870
$12,701 $14,816 $931
$14,816 $No Limit $995
When determining child support in high-income cases, if the parent’s gross monthly income is equal to or greater than $14,583, the presumptive maximum amount the parent may be required to pay pursuant to paragraph (b) of subsection 1 for one child is $800. In low-income cases, the minimum amount of child support will be awarded at $100 per month per child regardless of income.
Deviations for the Child Support Formula
Deviations from the normal child support formula is allowed under Nevada law. NRS 125B.080 provides that if a parent can prove by clear and convincing evidence that the needs of a child are not met by the applicable formula the court may order a higher or lower amount of child support.
The court shall consider the following factors when adjusting the amount of support of a child upon specific findings of fact:
- The cost of health insurance;
- The cost of child care;
- Any special educational needs of the child;
- The age of the child;
- The legal responsibility of the parents for the support of others;
- The value of services contributed by either parent;
- Any public assistance paid to support the child;
- Any expenses reasonably related to the mother’s pregnancy and confinement;
- The cost of transportation of the child to and from visitation if the custodial parent moved with the child away from the jurisdiction of the court which ordered the support and the noncustodial parent remained;
- The amount of time the child spends with each parent;
- Any other necessary expenses for the benefit of the child; and
- The relative income of both parents.
Under Nevada law, specific guidelines determine the amount of child support to be awarded to the custodial parent. These mathematical formulas are based on the parent’s gross monthly income. The term gross monthly income is defined as the amount of income a parent earns before taxes and other lawful deductions are withheld. The definition of income for purposes of calculating child support income includes salary, consistent overtime, self-employment and imputed income.
Modification of Child Support Obligations Ordered
A job loss, illness or bankruptcy does not change a parent’s obligation to pay child support. Once a child support order is entered, it can only be changed by bringing a motion before the court and by showing a substantial change in circumstances. Even when the substantial change in circumstances can be shown, the court in Clark County, NV< might still find the parent responsible to continue paying the child support payments.
Even if the monthly child support obligations are excessive in relation to the income, if those payments have already accrued, the court cannot modify or void those arrearages. Under Nevada law, once payments accrue for either alimony or support of children and become vested rights then the court cannot those arrearages can not be modified or voided.
Therefore, it is important to request the modification downward (reduction) of the child support obligation when it becomes apparent that a substantial change in circumstances has occurred. The Eighth Judicial District Court, Family Court Division, in Clark County, Nevada, may review a child support award upon a showing of changed circumstances. The court is allowed to modify the award if doing so is in the child's best interest. Rivero v. Rivero, 125 Nev. 410, 431, 216 P.3d 213, 228 (2009); see also NRS 125B.080(3); NRS 125B.145(4). A child support order in a divorce or paternity case can also be modified upward (increased) when a substantial change in circumstances occurs that warrants such a change in a prior order.
Chapter 125B- Obligations of Child Support in Nevada - Visit the website of the Nevada Legislature to find the statutory language of Chapter 125B for the Obligations of Support including general provisions, security for payment of support, and security for payment of support.
DA Family Child Support Division of Clark County, Nevada - The mission of the District Attorney’s Office Family Support Division is to improve the lives of families by engaging and empowering parents in providing continuous support for their children. To accomplish this mission, the D.A. Family Support Division locates parents, establishes paternity, and enforces child support and arrearage orders. For child support cases where the non-custodial parent lives out of state, the case may be an “interstate case” handled by State of Nevada’s Child Support Interstate Office. In conjunction with the District Attorney's Office, Family Division, the Self-Help Center offers a free, informational class about child support. During the child support class in Las Vegas, you can ask questions to, and hear the opinions of, a Deputy District Attorney. the Nevada Child Support Phone Number is (702) 671-9200.
Child Support Frequently Asked Questions - The website for Clark County, Nevada, provides information about how to open a child support case, the information required, fees, eligibility for medical insurance coverage, ordering the noncustodial parent to pay child support, and other tools used by the District Attorney’s office, Family Support Division to resolve property settlement matters or collect payment for child support and medical bills.
Child Support Attorneys in Las Vegas, Nevada
The family law attorneys at Mills, Mills & Anderson represent clients in child support cases throughout Clark County, including Las Vegas, Henderson, and North Las Vegas, Nevada. Find out more about how the monthly child support payments are calculated in the State of Nevada.
Family law cases involve complex and valuable legal rights which cannot adequately be protected without the assistance of an attorney. Issues of child custody and child support are particular emotion and complicated. Call Mills, Mills & Anderson to schedule a consultation with a child support attorney in Las Vegas, Nevada, to discuss the unique facts of your case. We represent clients throughout Clark County, including Las Vegas, Henderson, and North Las Vegas, Nevada.