During a legal separation or divorce, complicated issues often occur regarding child support. It's essential to contact an experienced child support attorney in Henderson to navigate child support, custody, and other complex legal issues to get the best outcome for your children.
Child Support in Nevada
In Nevada, child support is initially determined by the custody awarded and the visitation schedule exercised by each parent. Child support continues until a child graduates from high school or attains the age of 19, whichever occurs first. If the child has special needs, the court may increase the term of the support obligation until the child reaches the age of 21 or indefinitely, depending on the level of care necessary for the child following emancipation.
How Is Child Support Determined?
When one parent has primary physical custody of a minor child, the non-custodial parent must pay support to the primary custodian, regardless of the relative incomes of the parents. In such a case, the income of the primary custodian is irrelevant to the calculation of child support. Child support is determined by the gross monthly income of the non-custodial parent only.
When the parents have joint physical custody of a minor child, support is calculated by comparing the parents’ relative gross monthly incomes. The greater-earning parent will typically have a child support obligation to the lesser-earning parent.
Legislation Impacts Child Support
In February 2020, the Nevada Legislature enacted new guidelines for calculating child support as outlined in NAC 425 (Support of Dependent Children). The legislature revised the formulas upon which child support is calculated and eliminated the presumptive maximum child support amounts. With these new guidelines, Nevada has become less favorable to the party responsible for child support to the other party and more favorable to the party receiving child support.
Calculating Child Support
Presently, NAC 425.140 and the formulas therein are applied in calculating a party’s child support obligation. The new formulas calculate child support based on varying percentages of a party’s gross monthly income rather than the straight percentages previously utilized.
A party’s gross monthly income may be adjusted by the court after taking evidence. If a party is deemed to be willfully underemployed or unemployed without good cause, the court may impute an amount of gross monthly income a party should be or is capable of earning.
After an appropriate amount of child support has been calculated, NAC 425.150 provides several bases upon which the court may alter such an amount upwards or downwards. Using a variety of factors, including the special educational needs of the child, the legal responsibilities of the parents for the support of others, the cost of transportation to and from child exchanges, and the relative income of each party’s respective household, the court can adjust the amount of child support.
Once the court determines an appropriate amount of child support, such support may be modified later. NRS 125B.145 allows for child support modifications every three years or anytime a parent’s gross monthly income has increased or decreased by 20% or more.
While child support calculations may seem straightforward, there are a variety of complicated factors that the court must consider. We have the knowledge, experience, and expertise to assist you with this issue.
Nevada Child Support Guidelines
1 Child – 18% of Gross Monthly Income
2 Children – 25% of Gross Monthly
3 Children – 29% of Gross Monthly
4 Children – 31% of Gross Monthly
5+ Children – 2% is added for each additional child
Nevada Child Support - Calculating Costs
There are several things to remember when calculating child support costs. The court strives to be fair when considering cases as the judge looks at the evidence. Our job is to use accurate numbers and present them in a way that helps you and your children.
Each parent has a share to pay. The incomes of both parents are considered, along with the living situation of the children and the type of custody arrangements dictated by the court.
The costs will also vary substantially based on who has primary custody. All these factors can feel overwhelming. It's essential to work with an experienced child support attorney in Henderson to navigate child support issues.
Child Support Arrears Attorney
Often, a court order has established a specific child support amount, and the party responsible has been negligent in their duties. In these cases, the offending party can be held in contempt of court for missing their payment obligations.
Our professional staff can ensure you are paid what is owed to you. The courts are very responsive to matters of support because of the effect it has on innocent children, and we understand how to apply the law to these cases for a speedy resolution.
Schedule a Las Vegas Child Support Consultation
Contact us by phone or email to arrange for your confidential family law consultation with one of our attorneys. We promise to listen to you closely, answer your questions and advise you of your complete range of legal options.