Child Support
Child Support
Child Support is an important part of cases involving custody of children. There is often an award of child support even when the parents have equal custody.
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Nevada has guidelines that calculate child support based on the kind of physical custody (joint or primary) and the income of each parent.
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Once the guideline amount is calculated, parents can ask the court to adjust that amount based on the children's specific needs and the parties economic circumstances. For instance, the court may adjust the child support amount because of:
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The special educational needs of the child;
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The legal responsibility of the parents for the support of others;
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The value of services contributed by either party;
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Any public assistance paid to support the child;
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The cost of transportation of the child to and from visitation;
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The relative income of both households, so long as the adjustment does not exceed the total obligation of the other party;
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Any other necessary expenses for the benefit of the child; and
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The obligor's ability to pay.
Determining Income
Child support is based on parents' gross (pre-tax) income from almost all sources. Many parents try to hide their incomes. If a parent is a W-2 employee with a steady paycheck, this is usually straight forward. But parents who receive tips, bonuses, or cash "under the table" often try to hide these sources of income. Similarly, if a parent owns a business or has other more complex sources of income, determining that parents' income often becomes highly contested. The Momentum Law Group has extensive experience litigating disputes regarding a parent's income.
Underemployment and Unemployment
The court may impute income to a parent who is underemployed or unemployed without good cause. This means parents who choose not to work full time, or who choose to work in a job earning less than their skills and experience allows, might have their child support calculated as though they were earning at their full potential.
Health Insurance and Other Expenses
Parents must provide medical insurance for the children. The cost of medical insurance premiums, if any, is in addition to child support obligations. The cost of everyday expenses for the children, such as food and clothing, is paid by the parent who has the children when the expense is incurred. The division of other expenses, such as child care expenses, school fees, and extracurricular activity fees, should be accounted for in addition to child support.
Collecting and Enforcing Child Support Orders
Momentum Family Law works with the Nevada District Attorneys Office to enforce and collect child support orders. In some cases, the Momentum Law Group can pursue the collection of child support beyond the reach of the District Attorney's office.
Modifying Child Support
Under Nevada law, child support can be modified every three years. It can also be modified when there has been a change in circumstances. Examples of a change of circumstances includes loss of employment, a change in income of over 20%, a substantial change in the cost of caring for a child, or change in the physical custody designation (such as from joint physical custody to primary physical custody).