Nevada Child Support Legal Questions

The facts are not totally clear, but you have several options.  Presumably, the situation you describe is that you are owed $8k from your ex for support of a child.  If so, that sum is probably even greater, as interest and penalties should apply, as explained here and here. As to collection, if he "retired" with a military pension, that can be garnished for back support; see some explanation here.  If he got out of service before serving enough years to earn a pension, all sums can be garnished from his incipient police salary -- and he might be motivated to start making payments since Metro probably will not be pleased to hear that one of its applicants is in contempt of a court order for support.  If you are not sure what to do or how to do it, you should consult with a family law specialist well versed in child support, retirement benefits, and collections.... Read More

The question is too vague to answer with precision, but the short version is that, in Nevada, child support arrears do not expire (no "statute of lmitiations" applies) and both interest and penalties continue to accrue until paid.  There is a commission now in place looking at potential changes to the Nevada child support statutes, but it is highly unlikely that any changes made would be retroactive.  You should consult a family law specialist to get an idea of your options.... Read More

Not nearly enough facts for a coherent answer.  The kids should not be "on the lease," but perhaps the meaning of your statement is unclear.  If the reality of custody/visitation does not match the paperwork, then what you need is a return to court to clarify the court orders.  And yes, the child support orders stand until they are modified.... Read More

Your question is too vague to be answered properly.  Any physical custody order should have secondary custody/visitation terms set out in it.  If the orders in place are really so deficient that there is no provision for your contact with the kids, then you need to get back to court and seek a custody/visitation order.  If you do not know what to do or how to do it, you really need to consult with a family law specialist.... Read More

Unclear from your question is whether your arrears have been reduced to judgment, how old the kids are, who has lived with whom for how long, etc. -- those are the things that would determine the answers to the questions you ask.  Presuming you are owed money, you might end up with an "offset judgment" through which the money owed to you is used to "pay" whateveer you are owed, until it is exhausted.  You probably should consult with a family law specialist, however, as it sounds like there are several layers to your problem, and all the facts are not clear.... Read More

It is unclear what is meant by "joint divorce," but under Nevada law if there is an order for primary physical custody the other parent pays support; if there is joint custody (meaning 60/40 or closer timeshare), then the support obligations offset.  For details, see the explanation and materials here.... Read More

Your question drops off in the middle of a sentence, and it omits a critical fact -- where you are living now.  If you remain in the jurisdiction that entered the order (apparently SC) then under UIFSA that State retains exclusive modification jurisdiction ("CEJ").  If no one is living in the jurisdiction that entered the order, then you must move to modify it where she is living (apparently Hawaii) and if she wanted to modify she would have to do it where you are.  Full details in the article "The Basics of Family Law Jurisdiciton" posted here. No matter which state is appropriate, however, the existing order should have called for termination of child support for emancipated children.  You probably need to assemble all of the actual facts (who paid what, when) and orders, and consult with a family law specialist in the place that has jursdiction to modify the existing order.... Read More

It is not at all clear who "charged" what, or why.  If it is the D.A., their records apparently indicate that there is still an arrearage, so make an appointment with your case manager and prove to them that there are no arrears.  If you meant something else by your question, you will have to explain it more clearly to a family law specialist who should then be able to advise you how to deal with the siutation.  The Nevada rules governing child support are posted here.... Read More

You may want to review the statutes and other materials posted here.  Short version, there is a statute permitting a court to hold a father liable for the costs of "pregnancy and confinement," although in most cases where the parties have similar earnings most expenses tend to be split.  It might be a good idea for you to confer with a family law specialist about all matters relating to potential child custody, visitation, and support.  Much of the background can be reviewed on our web site.... Read More

I do not entirely understand the question.  For information on Nevada's child support laws, including charts showing how much should presumptively be paid, click here.  If that does not answer your question, you can call or send an e-mail with contact information, and one of our Spanish-speaking personnel will try to answer your questions.... Read More

There are several questions, the most immediate of which is "where is the case?"  If the order is a CA order, you should speak to a CA lawyer, and ditto for NV.  The existing court order should have a protocol for such things in it (typically the so-called "30/30 rule").  And it is unclear what agency is involved or how. Probably your best bet is to figure out which State's law controls the outcome and then seek a cosultation with a family law specialist in that location, bringing with you the existing orders, the bills in question, any correspondence, and whatever other documentation might be relevant.... Read More

Can you?  Not directly.  Can that happen?  Yes.  Obviously, there is a years-long story here and lots of missing facts.  However, your grandparents should be informed that, for many years now, Nevada child support law has provided that where there is an obligation, it "follows" the actual custody of the children: NRS 125B.040  Recovery by person other than parent. 1.  The obligation of support imposed on the parents of a child also creates a cause of action on behalf of the legal representatives of either of them, or on behalf of third persons or public agencies furnishing support or defraying the reasonable expenses thereof.      2.  In the absence of a court order, reimbursement from the nonsupporting parent is limited to not more than 4 years’ support furnished before the bringing of the action.        3.  An order for the support of a child creates an obligation for the support of the child and follows the child to the person who has obtained lawful physical custody of the child.        4.  A person who obtains lawful physical custody of a child for whom an order for support has been issued shall be deemed to be the person entitled to receive the payments ordered for the support of the child. Such a person may in the same manner as the person named in the order for support of the child and without petitioning the court for a new order:        (a) Enforce the existing order for support of the child; or        (b) Request modification of the order for support of the child.   There is quite a bit more to the statute, which you can read on line if you wish.  Also see our explanation of Nevada child support law here. Your grandparents should probably consult with a qualified family law specialist.... Read More

It is possible (but not certain) that your child support is being calculated on the basis of the income left over after payment of previously-determined support obligations.  There is no certain way of doing such a "multi-family" calculation, which I explained in an artilce that you can review here. As to your suspicion that the support payments are artificial because the couple is living together, you are stuck with either old-fashioned detective work (as in a private investigator) or filing a motion and having lawyers get utility bills, etc., to figure it out. As to welfare fraud, you can make whatever complaints you want to the public agency, which may or may not investigate -- but think through clearly what the effect would be on you and your child if the state did take action against the other parent.  And I think the word you wanted was "prosecuted" (again, that may not be in your child's best interest); I doubt any combination of these facts will result in anyone being "executed."... Read More

It is impossible to tell from that question what is actually going on or why.  You really need to consult with a family law specialist.  If money is a severe problem, you do have some alternatives.  If you really 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 (short) consultations offered on Thursdays (in Las Vegas) at the self-help center; volunteer attorneys provide 15-minute consultations, for free, on family law questions.  For those who wish to attempt self-representation, forms are available at the vastly improved Clark County self-help center website, at http://www.familylawselfhelpcenter.org/.  ... Read More

Yourin quiry got routed for a family law inquiry; therea re lawyers specializing in "1983" actions and other suits against the government (you may want to call the state Bar at 702-382-2200 for recommendations as to how to find such lawyers).  My guess (only a guess; it is not my area of expertise) is that the DA has absolute immunity from such a suit, but feel free to inquire. But in the bigger picture, what, precisely, are you trying to accomplish?  If you have evidence that the DA's office has substantially miscalculated support arrears, interest, and penalties (which would not be surprising; see http://www.willicklawgroup.com/actual-calculation-differences/) then your proper remedy is through a family law specialist who can obtain and challenge the agency account audit -- probably in regular family court -- and get the matter corrected.... Read More

You are stuck between bureaucracies.  While they might eventually figure it out, a far faster (but more expensive) option is to hire private counsel in the place with jurisdiction (by your facts revealed, apparently TX, but it is uncertain because you have not provided all relevant information) and bypass the DAs to go straight to family court in the proper location.  If you would like to examine the jurisdiction question, see "The Basics of Family Law Jurisdiction" posted at http://www.willicklawgroup.com/child-support/.... Read More

You need the assistance of a lawyer knowledgable in this area.  The short answer is "yes, it counts"; the California law on the subject is pretty clear.  See Legal Note Vol. 46 — Military Allowances for Child-spousal Support, posted at http://www.willicklawgroup.com/newsletter/vol-46-military-allowances-for-child-spousal-support/.  And there should be arrears in your order as well; why there is not is not clear from your question.  Seek out a family law specialist.... Read More

It is a bit hard to follow your math from the way it is put, but there are relatively few options, since child support continues to accrue interest and there is no statute of limitations.  Consider making a deal with the other parent and signing a satisfaction (entirely or in part), or getting more detailed guidance, either through a regular consultation with a family law specialist, or at least through the Ask-A-Lawyer program (free) at the Family Court on Thursday afternoons.... Read More

For background information on collection of child support arrears, see the information posted at: http://www.willicklawgroup.com/child-support/ http://www.willicklawgroup.com/?s=interest+and+penalties http://www.willicklawgroup.com/newsletter/vol-59-calculating-judgment-arrearages/  ... Read More

Short answer is "yes, probably."  The obligations are independent of one another.  It is unclear, however, which state issued the order(s) in quetion, and the law varies from state to state; in Nevada, the obligation "follows the child," so whoever actually has primary custody should be receiving the support owed for the child.  See the information posted at http://www.willicklawgroup.com/child-support/. If this is not sufficient, I suggest that you schedule a consultation with a family law specialist well versed in child support law, in whichever state is relevant.... Read More

In my experience in this area, which is considerable, the DA's office NEVER gets those calculations right.  For a brief explanation of why, see http://www.willicklawgroup.com/actual-calculation-differences/. My suggestion is to consult with a family law specialist well versed in calculating support arrearages who knows how to use the correct tools (see http://www.willicklawgroup.com/product/mlaw-web-app/ and http://www.willicklawgroup.com/newsletter/vol-59-calculating-judgment-arrearages/), and determine the best course of action to get to "done" with as little wasted time, effort, and money as possible.... Read More

Not nearly enough information.  For background, see the explanation and materials posted at http://www.willicklawgroup.com/child-support/.  But the essential questions are the current court order, if any, what changes have occurred and how much time has passed since that order was entered, and the facts on the ground as to how you could actually be "supplying him with everything he needs" while actually having custody half the week (since he undoubtedly eats, has a roof over his head, etc., during the other half of the week).  What you need, really, is a consultation with a family law specialist well versed in the subject.  Usually, with a clear understanding of the facts, and a copy of the relevant papers, the answer on child support questions is pretty easy to determine.... Read More

There is not nearly enough information here to hazard a response.  Was this hearing in Nevada?  If so, what was the basis of jurisdiction over dad?  I suggest yoiu start with reviewing "The Basics of Family Law Jurisdiction" posted at http://www.willicklawgroup.com/child-support/, and then consider a consultation with a family law specialist well versed in jurisdictional law.... Read More

A bit vague, but "probably."  Contact the police in whatever jurisdiction you are in to report the behavior -- at least the larger departments have detectives who specialize in this area.  If you can't for whatever reason, do a search for the National Center for Missing and Exploited Children, and contact them to have an investigation begun.... Read More