If you are going through a divorce and have children, you must be aware of Nevada's child support process. Establishing child support is one of parents and children's most important aspects of post-divorce life. Our Las Vegas family law attorneys discuss how child support is determined in Nevada and common misconceptions around the topic.
Child Support After Divorce In Nevada
If you are getting a divorce in Nevada and have children, then child support will be one of your top priorities. In Nevada, child support is determined by several factors, including:
- income of both parents,
- the number of children,
- the custody arrangement,
- and the needs of the children.
The Nevada child support laws can be complicated, and dozens of misconceptions can cost litigants thousands of dollars because they do not understand them. The following information will help you avoid some common pitfalls.
"I don't have to pay support because there is no court order."
Yes, you do. Family support laws in Nevada require parents to support their children from the moment they are born. This is defined as the reasonable cost of caring for and maintaining the minor child for both parents. For the father, this includes the mother's "costs of confinement." This means that the dad will be responsible for at least some (usually 50%) of the mom's medical expenses, including pre-natal, post-natal, and hospitalization costs.
"My ex has never asked for support, so I don't have to pay."
This is a common misconception. In Nevada, both parents must support their children, even if one parent has sole custody. The non-custodial parent is typically ordered to pay child support to the custodial parent, but there are situations where the custodial parent may be ordered to pay support to the non-custodial parent.
"I make less money than my ex, so I don't have to pay as much in support."
Income is just one factor that is considered when determining child support payments. As listed previously, the courts consider several factors when determining support.
"The father always has to pay child support."
It is true that, in most cases, the father will be the non-custodial parent and will be ordered to pay support to the mother, who is the custodial parent. However, the child support order in Nevada will be based on the children's needs and the parent's income. There are situations where the custodial parent may be ordered to pay support to the non-custodial parent.
"I lost my job months ago, so my child support went down, right?"
The answer is no. Unless a subsequent court order changes your obligation, the amount of child support you pay remains static. The court can lower your support obligation if your income decreases by 20% or more. When your income decreases, however, you must take affirmative action by filing a modification request immediately.
Hurtik Law & Associates Can Answer Your Child Support Questions
Determining child support can be a complex and emotional process. If you have questions about your specific situation, it is crucial to speak with an experienced family law attorney. The family law attorneys at Hurtik Law & Associates are here to help. Get in touch with us today to schedule your consultation.
Contact us today at (702) 323-5750 to schedule a case consultation!