Family Court Henderson NV - Child Support Attorney

Family Court Henderson NV

In Nevada, child support is initially determined by the custody and visitation schedule shared by the parties.   Child support continues until the child(ren) graduate from high school or attain the age of 19, whichever occurs first.  In the event that the child(ren) has special needs, the Court may increase the term of the support obligation until the child(ren) reaches the age of 21, or indefinitely, depending on the level of care necessary for the child(ren) following emancipation.

 

If one parent has primary physical custody of the minor child(ren), the non-custodial parent will have an obligation to 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 will be determined by the gross monthly income of the non-custodial parent only.

When the parents have joint physical custody of the minor child(ren), which entails a relatively equal amount of time with the child(ren), child support is calculated based on a comparison of the parents’ relative gross monthly incomes.  The greater earning parent will have a child support obligation to the lesser earning parent under such circumstances.

NRS 125B.070 and NRS 125B.080 are the statutory guidelines when calculating the amount of child support.  The Nevada Legislature in NRS 125B.070 has set forth a percentage-based (of gross of monthly income) matrix that provides that for one minor child, 18% of a parent’s gross monthly income is appropriate for the care of the child; for two children, 25% of a parent’s gross monthly income; for three children, 29% of a parent’s gross monthly income; for four children, 31% of a parent’s gross monthly income, and an additional 2% of a parent’s gross monthly income for each additional child.  The statute also details the presumptive maximum amounts the payor parent may be obligated to pay support for the child(ren).  With such presumptive maximums, Nevada has historically been favorable to the payor spouse.

After an appropriate amount of child support has been calculated, NRS 125B.080 provides several basis upon which the Court may deviate such an amount upwards or downwards based upon a variety of factors, to include but not limited to: the costs of health insurance and child care, special education needs of the child(ren); age of the child(ren); legal responsibilities of the parents for the support of others and the amount of time each parent spends with the child(ren).

 

In the event that the payor spouse is unemployed, the Court may order a support obligation in the amount of $100 per month, per child, regardless of that parent’s employment status.   Under certain circumstances, the Court may find a parent to be willfully underemployed, which may result in the Court imputing a level of income that parent could or used to earn for purposes of calculating child support.

Lastly, once a Court determines an appropriate amount of support for the child(ren), such support may be modified thereafter.  NRS 125B.145 allows for modifications of child support every 3 years as a matter of course, or anytime a parent’s gross monthly income has increased or decreased by 20%.

While child support calculations may seem straight-forward, they are a variety of complicated factors that the Court must consider.  We have the knowledge, experience and expertise to assist you with this issue.

In Nevada, child support is initially determined by the custody and visitation schedule shared by the parties.   Child support continues until the child(ren) graduate from high school or attain the age of 19, whichever occurs first.  In the event that the child(ren) has special needs, the Court may increase the term of the support obligation until the child(ren) reaches the age of 21, or indefinitely, depending on the level of care necessary for the child(ren) following emancipation.

 

If one parent has primary physical custody of the minor child(ren), the non-custodial parent will have an obligation to 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 will be determined by the gross monthly income of the non-custodial parent only.

When the parents have joint physical custody of the minor child(ren), which entails a relatively equal amount of time with the child(ren), child support is calculated based on a comparison of the parents’ relative gross monthly incomes.  The greater earning parent will have a child support obligation to the lesser earning parent under such circumstances.

NRS 125B.070 and NRS 125B.080 are the statutory guidelines when calculating the amount of child support.  The Nevada Legislature in NRS 125B.070 has set forth a percentage-based (of gross of monthly income) matrix that provides that for one minor child, 18% of a parent’s gross monthly income is appropriate for the care of the child; for two children, 25% of a parent’s gross monthly income; for three children, 29% of a parent’s gross monthly income; for four children, 31% of a parent’s gross monthly income, and an additional 2% of a parent’s gross monthly income for each additional child.  The statute also details the presumptive maximum amounts the payor parent may be obligated to pay support for the child(ren).  With such presumptive maximums, Nevada has historically been favorable to the payor spouse.

After an appropriate amount of child support has been calculated, NRS 125B.080 provides several basis upon which the Court may deviate such an amount upwards or downwards based upon a variety of factors, to include but not limited to: the costs of health insurance and child care, special education needs of the child(ren); age of the child(ren); legal responsibilities of the parents for the support of others and the amount of time each parent spends with the child(ren).

 

In the event that the payor spouse is unemployed, the Court may order a support obligation in the amount of $100 per month, per child, regardless of that parent’s employment status.   Under certain circumstances, the Court may find a parent to be willfully underemployed, which may result in the Court imputing a level of income that parent could or used to earn for purposes of calculating child support.

Lastly, once a Court determines an appropriate amount of support for the child(ren), such support may be modified thereafter.  NRS 125B.145 allows for modifications of child support every 3 years as a matter of course, or anytime a parent’s gross monthly income has increased or decreased by 20%.

While child support calculations may seem straight-forward, they 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

Nevada Child Support Guidelines Chart
  • 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

These numbers can look scary, and should be taken very seriously.  There are things to remember when calculating these costs.  The court isn’t interested in saddling one party with all the rights and the other with all the responsibility.  The court strives to be fair when considering cases as the judge looks at the evidence.  Our job is to tell the right story, by using accurate numbers and helping to present these numbers in a way which helps you and your children.

Each parent has a share to pay.  Therefore the incomes of both the mother and father are considered along with the living situation of the children and the type of custody arrangements dictated by the courts.

Establishing what constitutes real income and what does not becomes extremely important.   Having to pay or not getting proper child support becomes very stressful if the support isn’t there for the children or paying the support makes regular living hard to do for one parent.

The costs will vary substantially based on who has primary custody as well.   All these items can feel overwhelming, and need the help of a qualified Nevada attorney to help navigate these waters due to the massive financial impact it will have on your future.

Child Support Arrears Attorney

Maybe there was a court order establishing what was to be paid 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 through a multitude of actions through the legal system.  We are here to help 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 Child Support Consultation

Contact us by phone or email to arrange for your confidential Nevada child support 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.

Las Vegas Divorce Attorney - Leavitt and Flaxman

(702) 213-9651

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