What You Should Know About Child Support Deviations
Child support, while important and necessary, often places a large financial burden on the non-custodial parent. Under certain circumstances, this obligation can seem difficult if not impossible to bear. Because of this, it is important to get as much information as possible and understand how child support can be tailored for your specific circumstances. This may include a reduction in how much the Court would otherwise order you to pay.
Determining Child Support
In determining the amount of child support, the court must use the child support guidelines established by the Administrator of the Division of Welfare and Supportive Services of the Department of Health and Human Services for Nevada. The guidelines provide a formula that judges and attorneys must follow to calculate the presumptive amount of child support. The paying parent’s gross monthly income, which includes earnings from all sources, is the primary basis for a child support order. For an accurate determination of child support, both parties must provide complete financial information to their attorneys and the court.
The child support guidelines presumably meet the child’s basic needs through the use of a formula. However, a seasoned attorney understands that there are exceptions to every rule. In certain cases, deviating from the calculated child support amount is appropriate.
Determining Obligation
Child support is paid to the parent with primary physical custody, called the “obligee.” Conversely, the “obligor” is the non-primary physical custodian of the child. The obligor is the parent who has the legal obligation to pay child support. In situations where the parents have joint physical custody of the child, child support is still calculated by using each parent’s gross monthly income to obtain their respective obligations. After that, the respective obligations are offset so that the parent with the higher obligation pays the other parent the difference.
Determining Gross Income
Both parents must stipulate the amount of their gross income for the calculation of child support. If not, the court will assess all relevant financial information provided by the parents to determine gross income. Generally, gross income includes all salary and wages earned as well as income from qualifying benefits.
The court may impute income to the obligor if the court finds that the obligor is underemployed or unemployed without good cause. Imputing income means that the court uses an income, other than the one provided by the obligor, to assess the appropriate amount of child support with all relevant factors taken into consideration. This typically happens in situations where the obligor:
- Chooses not to work despite being able to do so;
- Has taken a job with a salary significantly lower than what they previously earned;
- Has quit their job for no apparent reason; or
- Has decided to pursue education or training that precludes them from earning a salary comparable to their previous earnings.
The court will impute income if it determines that the obligor is deliberately underemployed in order to reduce their potential financial obligation to the other parent..
Child Support Deviations
A child support deviation is an adjustment to the amount of child support calculated. There are instances where a judge may deviate from the calculated child support and instances where a judge must take into account factors warranting a child support deviation. This is required under Nevada law.
Discretionary Deviations
After the base amount is calculated, the Court may apply deviation to decrease or increase the base amount. Although parties may request a deviation from the calculated amount of child support, it does not necessarily mean the deviation will be granted. The Court may adjust child support based on a stipulation between the parties. However, the agreement must be in writing to be binding and set forth specific findings, factual information, and certifications to the court by both parties. Even if the parties do this, sometimes judges decline requests for a discretionary deviation if the court believes that the stipulation does not meet the needs of the child.
Mandatory Deviations
Nevada law provides for child support adjustments when circumstances are appropriate, taking into consideration the following factors:
- 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;
- The cost of transportation of the child to and from visitation if the custodial parent moved with the child 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.
If the court decides to deviate from the calculated amount of child support, it must explicitly provide the reason for the deviation. The reasoning must be in writing and based on one of the factors above.
Modification of an Existing Order
Once the court has established an obligation for support, any modification for child support adjustment afterward, with limited exceptions, must be based upon changed circumstances. Once a child support order is established, you must file a motion for review and modification or submit a stipulation to the court if you want to adjust the amount of child support. Demonstrating significant changes in circumstances is essential for the court to grant your motion. One such circumstance is a 20% change in income of the obligor parent. Either parent may also request a review of child support every three years regardless of any change in income. The attorneys at Mills & Anderson can assist you with modifying an existing child support order.
Frequently Asked Questions About Child Support Deviations in Las Vegas
Navigating child support issues can be challenging, especially when child support deviations from the standard calculation come into play. In Nevada, courts aim to ensure child support amounts are fair and meet the child’s unique needs while considering the financial circumstances of both parents.
What Are Child Support Deviations?
Child Support Deviations in Nevada are adjustments to the standard child support calculations based on specific factors that justify a change. These adjustments ensure the support amount fits each family’s unique circumstances.
When Do Such Deviations Apply in Nevada?
Nevada courts may apply deviations when circumstances warrant an adjustment, such as:
- Health insurance costs need to be covered,
- Parents must pay for childcare expenses, and
- A parent receives public assistance for the child.
This is only a sample of scenarios that could require a deviation. Such adjustments ensure the support order reflects the child’s needs and the parents’ financial realities.
How Are Child Support Deviations Determined?
The court considers multiple factors, including the above-discussed list and the following:
- The child’s age,
- Special educational needs or medical expenses,
- The income of both parents, and
- Time spent with each parent.
These factors ensure that the adjusted amount aligns with the child’s best interests.
Ultimately, the court’s goal is to create a fair and balanced support arrangement for everyone involved.
Can a Child Support Order Be Modified?
Yes, existing orders can be modified. To do this, you must demonstrate a significant change in circumstances, such as a change in income, new financial responsibilities, or a change in the child’s needs. Your lawyer will help you file a motion or submit a stipulation to initiate the modification process.
How Often Can Child Support Be Reviewed?
Nevada law allows for a review of child support orders every three years or sooner if a substantial change in circumstances arises.
What Should I Do if I Disagree with the Support Amount?
If you believe the child support amount is unfair or incorrect, consult a family law attorney. They can help you request a deviation or modification based on your circumstances.
Do Deviations Always Favor the Parent Paying Support?
Not always. Deviations aim to create a fair arrangement for both parties and ensure the child’s needs are met. The court’s primary focus is always on the child’s best interests.
Why Do Courts Consider Transportation Costs for Visitation?
If the custodial parent relocates with the child, the court may adjust child support to account for the noncustodial parent’s increased visitation costs.
How Can I Get Help with Child Support Deviations in Las Vegas?
Contact Mills & Anderson for assistance with child support deviations, modifications, or other family law matters. Our knowledgeable team is ready to advocate for your rights and provide expert representation.
Get Assistance From Las Vegas Lawyers
Our experienced team of child support lawyers at Mills & Anderson is here to represent and empower you in obtaining child support deviations or other child support or custody orders. Our team has assisted clients going through cases involving child support for over a decade, and we understand the complexities of your situation.
Bryon L. Mills has extensive knowledge and experience working in the local family law courts in Clark County for over 15 years. Gregory Mills is well known for handling some of the most challenging family law cases. He has a long career as a trial lawyer, litigating more than 100 trials, and will not hesitate to advocate for his clients. Daniel W. Anderson has over a decade of experience in the family law arena. His wealth of knowledge allowed him to handle every type of family law case, including divorce, custody, termination of parental rights, adoption, non-parent visitation, child support and alimony, abuse and neglect, and guardianship.
Our firm is here to provide top-notch legal services and support throughout your case. Contact us for assistance today.
