Dedicated Las Vegas Child Support Attorneys 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, then contact our experienced child support lawyers at Mills & Anderson. 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 (702) 386-0030 today to discuss your case. Get in touch with our lawyers.
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 was 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 parents generally pay 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
The information above was updated in 2019.
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. It is important that you hire a knowledgeable Las Vegas child support attorney to help you navigate through the rules and calculations. The presumptive maximum ranges update every July 1st.
Income Range Presumptive Maximum
At Least Less than Maximum Amount / Child
When determining child support in high-income cases, if the parent’s gross monthly income is equal to or greater than $14,583, if the parent’s gross monthly income is $14,583 or more, the presumptive maximum amount 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 are allowed under Nevada law. NRS 125B.080 provides that if a parent can prove by clear and convincing evidence 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:
- The cost of health insurance and child care;
- The need for special education;
- The child’s age;
- The parents’ legal responsibility to support other children;
- The value of services each parent contributes;
- Any public assistance that is used to support the child;
- Reasonable expenses related to the mother’s pregnancy;
- Transportation costs for visitation if the custodial parent moved away with the child;
- How much time each parent spends with the child;
- Any other expenses that are necessary and benefit the child; and
- The parents’ income relative to each other.
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 before taxes and other lawful deductions are withheld. The definition of income for purposes of calculating child support income includes salary, consistent over time, self-employment, and imputed income.
If you think your case meets a deviation, contact a proven Las Vegas child support law firm today. Tell us about your circumstances and let us guide you on the best path.
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, even if 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 yourself will be in violation of the court-ordered parenting plan and could face negative consequences, including contempt or even jail time.
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 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 for child support or alimony accrue and become vested, 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.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. If your circumstances have changed contact our skilled Las Vegas child support lawyers today for advice on how to best handle support modifications.
Types of Family Law Cases
We also represent clients in a variety of issues including:
- Child Custody
- Prenuptial Agreement
- Termination of Parental Rights
- Fictitious Address Program
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 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 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 opening a child support case. This includes information regarding the initial petition for support, fees, eligibility for medical insurance coverage, how to order the noncustodial parent to pay child support, and other tools used by the District Attorney’s office, Family Support Division to resolve property settlement issues and to collect child support payments and reimbursement for medical bills.
Las Vegas Child Support Attorneys
The Las Vegas child support lawyers 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 particular emotion 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.