Dedicated Las Vegas Child Support Lawyer Ready to Help You
Helping Families in Clark County, including Overton, Moapa Valley, Mesquite, Laughlin, Las Vegas, and North Las Vegas
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, our experienced Las Vegas child support lawyer at Mills & Anderson can help. Our law firm represents both mothers and fathers in child support and child custody cases throughout Clark County, including Las Vegas, and North Las Vegas, Nevada. Call us today to discuss your case. Get in touch with our lawyers.
Establishing Paternity
Paternity can be established under Nevada law in several ways, as follows:
- If the baby’s mother is legally married to a man on the day the baby is born, a legal presumption arises that her husband is the father (this presumption can be rebutted, however).
- If the mother was married to a man and was divorced less than ten months before the date that the baby was born, her husband at the time of the baby’s conception is the presumed father (this presumption is also rebuttable). This rule also applies if the mother is widowed within ten months before the baby is born.
- In either of the foregoing cases, no third party is allowed to voluntarily acknowledge paternity unless either the husband consents in writing or a court concludes that the husband is not the father (through court-ordered DNA testing, for example).
- If the mother was unmarried at the time of conception and the date of birth, the biological parents can establish paternity if they both sign a voluntary acknowledgment of paternity and file it with the state. An adversarial hearing can also determine paternity and is most commonly done with court-ordered DNA testing. If a putative father is served with a complaint to establish paternity by the mother or a support enforcement agency, he must respond to the complaint if he wishes to challenge the allegation that he is the father. If he does not, the court will presume he is the father, and he will be legally liable for child support. Let a trusted Las Vegas child support attorney answer all your questions.
Child Support Calculations in Nevada
The child custody arrangement between the parents helps determine the way the child support calculation is made. Joint physical custody exists for the purposes of calculating child support when each parent has at least 40% of the time with the children over a year’s time.
If the parties do not share joint physical custody, then the non–custodial parent generally pays a percentage of gross monthly income to the custodial parent. The percentages used to perform the calculation can be found here.
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. Here is a link to a calculator that you can use to get an idea of what a child support obligation might be in your case.
It is important that you hire a knowledgeable Las Vegas child support attorney to help you navigate through the rules and calculations.
Deviations from the Child Support Formula
Deviations from the normal child support formula are allowed under Nevada law. NAC 425.150 provides that if a parent can prove that the child’s needs are not met by the amount provided for in the formula, the court can order a different amount of support that will meet those needs.
When deviating from the amount of child support calculated by the formula, the court must consider these factors and justify the deviation:
- (a) Any special educational needs of the child;
- (b) The legal responsibility of the parties for the support of others;
- (c) The value of services contributed by either party;
- (d) Any public assistance paid to support the child;
- (e) The cost of transportation of the child to and from visitation;
- (f) The relative income of both households, so long as the adjustment does not exceed the total obligation of the other party;
- (g) Any other necessary expenses for the benefit of the child; and
- (h) The obligor’s ability to pay.
Nevada family law courts must follow specific guidelines when determining the amount of child support to award. These mathematical formulas are based on the parent’s gross monthly income. The term “gross monthly income” means the amount of income a parent earns from all sources before taxes and other lawful deductions are withheld. The definition of income for purposes of calculating child support includes, but is not limited to, salary, self-employment, and retirement or disability benefits. The court may also “impute” income to you if you have voluntarily chosen not to work.
Can I Withhold Visitation If the Other Parent Fails to Pay Child Support?
Between the parties, the court-ordered parenting plan is the law. Visitation should never be withheld because the other parent has failed to pay or is late in paying their child support obligation. In situations where an obligated parent is in violation of a child support order, the custodial parent should continue to follow the set parenting plan and take any child support matter through the courts. Should you withhold the child from the other parent, you will be in violation of the court-ordered parenting plan and could face negative consequences, including a finding of contempt against you.
Similarly, noncustodial parents cannot withhold child support payments in response to the other’s breach of the parenting plan. In the event a custodial parent withholds the child, the noncustodial parent should continue making all child support payments. Know that willful breach of a parenting plan may be grounds for modification. Should the noncustodial parent seek to modify custody, they should contact an experienced family law attorney to help determine their best options.
Modification of Child Support Obligations Ordered
A job loss, illness, or bankruptcy does not change a parent’s obligation to pay child support. A child support order can only be changed by bringing a motion before the court and by showing a substantial change in circumstances. Even when a substantial change in circumstances can be shown, the court in Clark County, NV, might still find the parent responsible for continuing to pay the child support payments.
Additionally, the court cannot modify or void payments that were missed under the existing order. Under Nevada law, once payments for child support or alimony accrue, the court cannot modify or void those arrearages.
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.145(4). A child support order in a divorce or paternity case can also be modified upward (increased) when a substantial change in financial circumstances occurs that warrants such a change in a prior order. If your circumstances have changed, contact our skilled Las Vegas child support lawyers today for advice on how to best handle support modifications.
Frequently Asked Questions
Child support can be a complex topic, and we understand you may have many questions. That’s why we’ve put together this FAQ section to address some of the most common concerns. For personalized guidance tailored to your situation, don’t hesitate to give us a call or reach out online today.
How Can a Las Vegas Child Support Lawyer Help Me?
A Las Vegas child support lawyer can help you understand your rights and responsibilities under Nevada law. They assist with calculating child support, negotiating agreements, and representing you in court if disputes arise. They also help modify existing child support orders if circumstances change significantly.
What Should I Bring to My First Meeting with a Child Support Lawyer?
Bring all relevant documents, including financial records, previous court orders, and details about your child’s expenses. These help the lawyer understand your situation and provide tailored advice.
How Is Child Support Calculated in Nevada?
Child support in Nevada is typically based on a percentage of the noncustodial parent’s gross monthly income. The percentage depends on the number of children, starting at 16% for one child and increasing for additional children. Las Vegas child support attorneys can explain how the nuances of specific factors, like joint custody arrangements, impact these calculations.
Can Child Support Be Modified?
Yes, child support can be modified if there is a substantial change in financial circumstances. Examples include losing a job, a significant change in income, or increased needs for the child. A child support attorney can guide you through the modification process and persuasively argue for the modification you need.
What Happens If a Parent Refuses to Pay Child Support?
If a parent fails to pay child support, the custodial parent can seek enforcement through the courts. Nevada law allows for wage garnishment, tax refund interception, and even suspension of the non-paying parent’s driver’s license.
Yes, shared custody impacts child support calculations. In joint custody cases, the parent with the higher income typically pays the other parent the difference between their respective obligations. A child support attorney can help you determine the appropriate amount.
Are There Penalties for Failing to Comply with a Child Support Order?
Yes, penalties for non-compliance can include fines, license suspension, and, in rare cases, jail time. Courts take child support obligations seriously. If you’re struggling to make payments, you may consult a child support lawyer to explore your options for modification.
How Long Does Child Support Last?
Child support usually lasts until the child turns 18 and graduates high school, or turns 19 whichever comes first. However, if the child has special needs, support may extend beyond this age. A lawyer can advise you on your specific situation.
Can Child Support Be Deducted from My Wages?
Yes, wage garnishment is a common method for ensuring child support payments. The court can order payments to be deducted directly from your paycheck, ensuring compliance with the support order.
What If I Disagree with the Child Support Amount?
If you disagree with the court-ordered amount, you can appeal or request a modification. An attorney can review your case and help you present evidence to justify a change.
Types of Family Law Cases
We also represent clients in a variety of issues, including:
- Child Custody
- Paternity
- Modifications
- Annulment
- Guardianship
- Prenuptial Agreement
- Termination of Parental Rights
- Fictitious Address Program
- Adoption
Additional Resources
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.
Chapter 425 – Support of Dependent Children – Visit the website of the Nevada Legislature to find the statutory language of Chapter 425 for the guidelines of support of dependent children.
DA Family Child Support Division of Clark County, Nevada – The District Attorney’s Office Family Support Division is in place to enhance the lives of families through engagement and empowerment. It helps to establish and retain continuous financial support for children. The D.A. Family Support Division locates parents, establishes paternity, and enforces child support and arrearage orders. If the non–custodial parent lives in another state, the case may be an “interstate case” handled by the 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, and hear the opinions of a Deputy District Attorney. The Nevada Child Support Phone Number is (702) 671-9200.
Need a Trusted Las Vegas Child Support Attorney? Let Us Help You Today!
The Las Vegas child support attorneys at Mills & Anderson represent clients in child support cases throughout Clark County, including Las Vegas 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 a child support lawyer. Issues of child custody and child support are particularly emotional and complicated. Call Mills & Anderson to schedule a consultation with our Las Vegas child support lawyer to discuss the unique facts of your case. We represent clients throughout Clark County, including Las Vegas and North Las Vegas, Nevada.
