Child support laws in Nevada have many different variables that can be directly contingent on several factors such as child custody arrangements and the income of both parties.
If you have questions about establishing or modifying child support, please contact our office to schedule an appointment with an experienced child custody lawyer.
During divorce or separation proceedings involving children, child support payments pose a major concern for both parties. Even post-separation, sometimes it is the desire for one party to request a modification of child support. Needless to say, these matters are usually contested.
In child support disputes, it helps to understand all of the Nevada child support laws. At McFarling Law Group, our divorce lawyers know and understand the rules and procedures of Las Vegas and Nevada child support as these relate to the treatment of custodial parents, non-custodial parents, and joint custodial parents. Child support may be reviewed every three years, or sooner if there has been a material change of circumstance warranting a different level (up or down) of support.
Since child support is for the support and care of your children, this is not something that can be taken lightly. Legal representation in this type of dispute can be crucial since the well-being of the children is often at stake.
PRESUMPTIVE MAXIMUM AMOUNTS OF CHILD SUPPORT JULY 1, 2013 – JUNE 30, 2014
Presumptive Maximum Amounts increased 3% pursuant to the Consumer Price Index (all items) increase in Calendar Year 2011 (December – December) as published by the U.S. Department of Labor
PRESUMPTIVE MAXIMUM AMOUNT
|If the Parent’s Gross But Monthly Income Is at LeastLess Than||The Presumptive Maximum Amount the Parent May Be Required to Pay per Month per Child Pursuant to Paragraph (b) of Subsection 1 of NRS 125B.070 is:|
|$0 – $4,235||
|$4,235 – $6,351||
|$6,351 – $8,467||
|$8,467 – $10,585||
|$10,585 – $12,701||
|$12,701 – $14,816||
|$14,816 – No Limit||
For example: If Dad makes $5,000 per month and Mom makes $4,000 per month and they share joint physical custody of one child, child support should be calculated as follows. It is also important to note the correlation between joint physical custody and child support. If the parties share joint physical custody, the court can offset the child support based on the timeshare and order each party to pay the statutory percentage with the party that earns more paying only that difference to the other party.
Dad pays: 18% of $5,000 = $900.00
Mom pays: 18% of $4,000 = $720.00
Dad to pay Mom $180.00 per month.
How does the presumptive maximum (cap) work?
Nevada has presumptive maximums per child based on income as outlined in the table above. The maximums per child are clear when the recipient of the child support has primary physical custody and the payer pays the full statutory amount. Where this can become confusing is when the parties share joint physical custody.
In the example above on how to calculate child support in a joint physical custody arrangement, notice that Dad’s 18% of $5,000 is $900, which is more than the cap of $714 for his income range. The cap does not apply in calculating child support in joint physical custody until the offset is complete.
Wrong Way (a mistake often made by judges and attorneys):
Dad pays: 18% of $5,000 = $714.00 (capped amount)
Mom pays: 18% of $4,000 = $649.00 (capped amount)
Dad to pay Mom $65.00 per month.
The difference between the right and wrong way is you never apply the statutory caps until after you offset the incomes. If the difference in the offsets exceeds the caps, then you reduce.
Dad pays: 18% of 15,000 = $2,700
Mom pays: 18% of $2,500 = $450
Dad to pay Mom: $2,250, which is then reduced to the statutory cap of $1,040.
Please note that the prescribed statutory maximums can be exceeded by court order if the judge deems it necessary and in the best interest of the child.
If your child support collection is being enforced by a state enforcement agency, it is usually easier and less expensive to have them enforce the order as they have additional criminal sanctions at their disposable that are not as readily available to the family court. Adjustments for change in income can also be requested through support enforcement agencies if they are enforcing.
If you need assistance with a child support matter in the Las Vegas, Nevada area, contact our office at 702.565.4335 and set-up a consultation with one of our qualified divorce lawyers. We’ve provided child/spousal support legal advice to many people throughout Clark County.