Nevada Child Support Legal Questions

If the child support case is being handled through the Nevada Child Support Enforcement Office, any payment made outside the system (directly to you) will not automatically be credited toward his arrears. The state generally requires all payments to go through the official child support office so they can be recorded, tracked, and distributed correctly. If he owes arrears on multiple cases, the state may apply part of any lump-sum payment toward all his debts, not just yours. That’s why private side agreements can be risky—if he pays you directly, the court may still consider the arrears unpaid, and he could remain responsible for the full amount. If you both want to settle, the proper way is to contact the Nevada child support office or a family law attorney to request a formal compromise or arrears settlement. Once approved and documented, it ensures the payment is recognized and that the balance is updated in the official system. Avoid accepting a private payment unless it’s formally approved; otherwise, you could face disputes later about whether it counts toward his obligation.      ... Read Answer

This is not a family law question.  I express no opinion as to whether it is even possible to file such a suit, but the question should not go to a family law attorney.  You should probably start with a call to some personal injury firms; they should be able to guide you to someone who handles those types of cases, who can then advise whether such a suit is possible.... Read Answer

Of course, anyone can pay (or receive) child support voluntarily without a court order, but the only way to compel the payment of support from another person is to either proceed through the D.A.'s office, which is free but often very slow and inefficient, or by motion in family court which is faster and can include payment of fees, but might require hiring a lawyer to successfully navigate the system.  You should probably start with reviewing the substantive information regarding child custody and support orders here and here, and then consider consulting with a family law specialist before signing anything or deciding on a course of action.... Read Answer

The short answer is "yes."  The long answer depends on a bunch of details -- is he on the birth certificate?  Where, exactly, does everyone live?  Does the father have any income or resources?  You (or more precisely, your niece) should consult with a family law specialist in the state where the man lives to determine whether and how to file a custody/support case.... Read Answer

Presumably, your son is in Hawaii.  A paternity case can generally be filed wherever the child was conceived (state laws vary) or where the child now lives.  If those facts are correct, then paternity could be established in either Hawaii or Texas.  Child custody/support/visitation could probably proceed in Texas.  If I understand your facts correctly, however, less than six months have passed since mother and child left Hawaii -- if that is true, and father remained, he can file a custody (and probably support) action in Hawaii -- as long as he does so quickly, under the UCCJEA.  You should probably start by inquiry with a family law specialist in both of those States, soon, ensuring that the timeline and facts are clearly set out, to verify that the assumptions here are correct, and if so where they recommend filing which actions.... Read Answer

You do not "have" to cancel anything, but if the facts are that the child is receiving direct support by the provision of food, clothing, and shelter in the father's residence, a reviewing court will probably find that no support is due for the time of that cohabitation.  You might want to put in a call to your case manager to see if you could suspend your application until you can move out again; arrears remain owing for any period prior to your moving back in together.  Keep the best records you can as to dates, amounts spent, etc.... Read Answer

You have several options. If you cannot afford counsel, the local Pro Bono provider is the Legal Aid Center of Southern Nevada, which can be called at 702-386-1070 (or see their information on the web at http://www.lacsn.org/option,com_jcalpro/Itemid,3/extmode,view/extid,15/).  Those that take pro bono cases take them after they have been screened, and assigned, by Legal Aid.  The Reduced Fee Panel sponsored by the State Bar can be reached at 702-382-2200.  Additionally, there are free consultations offered on Thursdays at the self-help center (these days, telephonically); volunteer attorneys provide 15-minute consultations, for free, on family law questions.  For those that wish to attempt self-representation, forms are available at the Clark County self-help center website, at http://www.familylawselfhelpcenter.org/.       ... Read Answer

It is possible for the state to try to recoup some suppport from a parent with means if the other parent is on social services -- that said, if assistance is necessary for you and your child to get by you shold apply for all benefits available; especially in the current enviornment, many normal "loans" and other repayment sare not even being sought by the government.... Read Answer

Who is on the mortgage does not matter -- ownership has to do with who is on title (the deed).  After ten years and having children together yes, you have claims to make.  Take a look at the material posted regarding the rights of unmarried cohabitants as to property posted here, and child support and custody here and here.  You need more than can be provided in an email, however; please call any time during regular business hours and speak with one of our lawyers, and we will see what we can do to assist you.... Read Answer

You should be able to schedule a DNA test directly throiugh the agency handling the case -- presumably the District Attorney family support unit.  You might want to review the information we have posted regarding paternity actions here, but the best bet is to contact the assigned case manager and make arrangments for testing.  If youi can't get anywhere directly, consult with a family law specialist who should be able to make all arrangements with the D.A.  if the situation is different from these assumed facts, please call to speak with one  of our attorneys and explain it, and we'll try to assist you.... Read Answer

Short answer: No.  An obligor cannot unilaterally terminate his own rights and avoid support; he can relinquish his parental rights, but his obligations remain until and unless a judge grants a Termination of Parental Rights.  Details are posted here.  If you are not getting support and wish to, or have any other questions about your rights and options, feel free to call and ask one of our attorneys.... Read Answer

If the problem is that the court order no longer reflects reality, the solution is to amend the court order.  Be aware that Nevada child support laws have changed a great deal quite recently, and woiuld apply to the new order.  A complete recap of the law is posted here.  If you have further questions, feel free to call and speak with one of our attorneys.... Read Answer

The question does not have sufficient facts to permit a detailed answer.  If you have tried calling the caseworker assigned to your case at the D.A.'s office and not received a satisfactory answer, you should call a family law specialist and explain the question in a bit more detail to decide whether, and if so what, might be done in the situation.... Read Answer

There are two basic choices -- you can go through the D.A., which is free, and can work interstate for enforcement, but is notoriously slow and inefficient.  Or you can hire private counsel, which is typically much faster, but costs money, and could require hiring a lawyer in the original state to reduce arrears to judgment, and then a lawyer in Texas to seek enforcement.  Custody can be brouight up at any time, but he would have a hard time convincing the court on the facts you assert that there is a good reason to do so, although courts will always encourage both parents to have a relaitonship with their child, if possible. If you cannot afford counsel, the local Pro Bono provider is the Legal Aid Center of Southern Nevada, which can be called at 702-386-1070 (or see their information on the web at http://www.lacsn.org/option,com_jcalpro/Itemid,3/extmode,view/extid,15/).  Those that take pro bono cases take them after they have been screened, and assigned, by Legal Aid.  The Reduced Fee Panel sponsored by the State Bar can be reached at 702-382-2200.  Additionally, there are free consultations offered on Thursdays at the self-help center; volunteer attorneys provide 15-minute consultations, for free, on family law questions.  For those that wish to attempt self-representation, forms are available at the Clark County self-help center website, at http://www.familylawselfhelpcenter.org/.... Read Answer

Short answer: it depends.  There are two aspects here -- civil and criminal.  On the civil side, see the materials posted here, here, and here, and then I suggest conferring with a qualified family law specialist about matters of paternity, custody, and support.  On the criminal side, I would suggest calling Metro and making a police report, after which the outcome is no longer your responsibility.... Read Answer

You do not actually ask a question.  As of February 1, the new child support regulations kick in.  We will shortly be posting a recap of the new law; for the law effective through January, see here.  We have posted a free calculator for figuring out what an obligation should be under the new regulations.  You should probably consult, as soon as possible, with a family law specialist.... Read Answer

The answer is "maybe" and the first thing to review would be your existing court order.  If it calls for production of tax returns, etc., then that is the controlling order.  If not, she has no per se right to your financial documents, and the court rules state that a party has to ask to open post-trial discovery.  That said, cooperation might be less expensive than litigation.  Another complication is that the applicale child support statutes change in just a few days (February 1, 2020).  We will be updating the information posted on our child support page, here, quite soon, to reflect those changes. It seems very likely that your best course of action would be to consult with a family law specialist well versed in this subject, and decide how to proceed based on a full anlysis of your existing orders, and current facts and circumstances.... Read Answer

Presuming you are separated, declare on your Financial Disclosure Form how much of the joint income actually ends up going to you; if you are still together, declare all of it, and include all expenses on the expense side as well.  The FDF does not have to be perfect, just honest.  Add sheets with notes if the reality of your situation cannot be made to be fairly reflected on the form.  You would probably benefit from a consultation with a family law specialist.... Read Answer

Yoiur question is a bit unclear, but there is no direct connection between a child support obligation and whether visitation was or was not offered or taken -- if there is a legitimate child support obligation, it continues -- with no expiration, and no statute of limitations, as explained here.  You need to consult with a family law specialist.... Read Answer

Short version:  "no."  Existing law says that, if anything, additional children would be a deviation factor for increasing support to a parent, not decreasing it.  However, entirely new laws (regulations) are set to go into effect by October and it is unknown, today, how multiple-children issues will be addressed in those regulations.  You should review them after they become effective to see if they alter your situation.... Read Answer

Illegal?  No, at least as to the revealed facts.  However, the court that entered the support order for the one man -- and the one that entered the child support agency collection, if that is the other man, would each be interested in the fact of collections from the other, which could/should lead to reduction or elimination of one or the other orders.  See child support information posted here.... Read Answer

Thre are some gaps in that narrative, but to start your review you can find "holw all this workks" by reviewing our child support page, and our interest and penalties page.  In Nevada, there is no statute of limitations for child support incurred in the modern era, so the question will be what order existed; if there wasn't one, then it is possible that only up to 4 years back support can be collected.  It would probably be best if your grandmother made an appointment with a family law specialist, bringing in for a consultation all the court orders involved; any knowledgeable family law attorney should be able to analyze the situation and advise you.  If you really wish to try all this on your own, it probably would still be a good idea to get some analysis and advice, but the self help forms can be found here.... Read Answer

Your inquiry is a little vague in terms of which court you are in (D.A. or regular Family Curt) and the stage of proceedings, or exactly why you think you are not getting a response.  If this was in family court and I represented a party in a case where the other side's employer was not responding to such inquiries, I would ask the court to presume a salary at the highest possible range that the other side's salary might be, and make it the other party's problem to show that the actual amount would be different.  It might make sense for you to confer with a family law specialist.... Read Answer