Nevada Child Support Legal Questions

Short answer: "probably not" if you mean "can the mother attach my wages for my husband's back child support."  At least under NV law -- it is possible that Alabama law is different, and if the obligation is from there, you should ask that question of an AL lawyer.  But there may be no difference in effect, especially if you commingle your earnings in a joint account.  For the time being, maintain separate accounts so your income does not appear in an account with his name on it, which might then be seized.  Long term, the solution is to pay off and eliminate the arrearage.... Read More

Maybe.  Nevada abolished the statute of limitations on support arrears as of 1981, so arrears accruing after that are still legally owed, plus interest, penalties, and perhaps fees from then to now.  There are potential equitable defenses, relating to laches, etc., but going over those would be the subject of a consultation with a family law specialist well versed in child support and collections.  For detail, see http://willicklawgroup.com/child-support/ and determine whether you wish to contact one of us to discuss it.  ... Read More

Short answer: yes, or from your facts you will never get anything.  Assuming it is a Nevada order, there is no statute of limitations to collect court-ordered support, and interest and penalties have accrued on top of the arrearages themselves.  See http://willicklawgroup.com/child-support/.  But you should consult a family law specialist, and sooner rather than later.  Collections of old child support requires some knowledge, skill, and diligence, but it is possible -- if the person who should pay it actually has anything to collect against.... Read More

Short answer: yes, but probably not like what you are actually asking.  Normally, presuming Nevada has jurisdiction to determine issues of custody and support (you do not give enough details of the timing and history to tell for sure), then medical costs are in addition to statutory chid support; you should get a credit for the cost of insurance provided.  See http://willicklawgroup.com/child-support/.... Read More

It is a bit unclear what the court did or did not know.  However, it is possible for the custodian of the child to receive direct benefits for that child relating to the parent's disability, in many cases, which may eliminate a good deal of your problem.  If you have not made that attempt, you should contact Social Security; as for the support question generally, there are not enough facts to review it, but you should be aware that there are special rules relating to SSI and SSD as to how they may or may not be calculated for child support purposes.  You should get all the paperwork you have together and first contact Social Security, and then consult with a family law specialist versed in the case law in this subject area.... Read More

It is unclear what the facts are, and there are some typos making it hard to know what you are trying to say ("nsck"?). For background as to the rules, and how arrears, interest and penalties are calculated, see http://willicklawgroup.com/child-support/.  For a more precise evaluation of what you can do, take all your paperwork, especially including exactly what was paid and when it was paid, to a family law specialist for a calculation under the MLAW Interest and Penalty Calculator, and for a consultation; if the sum is high enough, a motion to reduce arrears to judgment may be warranted, and there are (sometimes) automatic payment provisions that can be put into place to make child support payments more regular, even for folks who are self-employed.... Read More

Your fact pattern is a bit confusing -- especially as to what happened when, and how much time has passed.  If that stipulation and order is at least 3 years old, it is time to revisit it anyway; if it is not, but the underlying facts -- as to custody OR income -- have radically changed, a new order based on the current facts can and should be entered based on "changed circumstances." For background, see the materials posted at http://willicklawgroup.com/child-support/.  For a more precise evaluation of what you can do, take all paperwork done so far, and the current facts, to a family law specialist for a consultation; it should be possible to pretty precisely predict how a motion would be received and end up.... Read More

The order appears to have been a bit sloppy.  Most judges, reviewing orders only specifying a month, have interpreted them as being "anytime before the end of the month."  The order can be amended to a specific due date, which (next time you are in court for any reason) I recommend doing to reduce conflict and increase certainty.... Read More

Not all facts are perfectly clear, but if the WA court is the originating court, then NV is merely an "enforcing" court.  You should have your ex execute a "satisfaction of judgment" indicating that all sums owed are considered satisfied and requesting that the case be closed in WA AND NV.  Whether that will be sufficient for the welfare department in either state is unknown.  If this is insufficient, you may have to check with a WA family law specialist knowledgeable about the welfare system there and who could check on the file in that state.... Read More

It is always tentative to comment on documents that you have not actually read, but if the language is as vague as you indicate, it is probably possible to have the judge "construe" the language to make it more certain -- and perhaps just replace it with a more typical support provision.  You should probably consult with a family law specialist before deciding whether to file a motion, and should consider asking your ex to simply alter the terms first, since it appears that the existing terms are not really satisfactory for either of you.  For background, see http://willicklawgroup.com/child-support/.... Read More

There are a couple of questions you might be actually asking. If it is: "How can I make him sign the joint petition calling for child support?" The short answer is "you can't."  If you are talking to him, you might want to tell him that the judges will not (or at least SHOULD not) approve the paperwork if you tried to submit a joint petition WITHOUT providing for child support by the non-custodial parent, there being a specific statute prohibiting them from doing so.  See: http://willicklawgroup.com/child-support/. If your question is "What is the alternative to filing a joint petition?" Then the answer is file a regular complaint for divorce, and a preliminary motion for child custody and support.  See: http://willicklawgroup.com/divorce/ http://willicklawgroup.com/preliminary-matters-and-motions/ It should like what you actually need is an in-depth consultation with a family law specialist to go over all of your issues, options, risks,, costs, and benefits.  You should do so sooner rather than later. Marshal... Read More

Child support arrears collection -- when the obligor fights it -- can be a lengthy and difficult process, but we have collected full arrears from many "independent contractors" -- it usually takes a combination of motions to reduce arrears to judgment, diligent execution and garnishment efforts, sometimes asset checks, and occasionally examinations of judgment debtor. For background, see: http://willicklawgroup.com/child-support/ http://willicklawgroup.com/interest-penalties/ http://willicklawgroup.com/vol-59-calculating-judgment-arrearages/ If you are not having success with your efforts, consider consulting with a family law specialist well versed in collections actions, in this office or in some other one.... Read More

Short version: file a motion for contempt, etc.  Bigger picture: you will not get far "feeling" that "he might have another job."  courts are concerned with evidence.  There are a lot of ways of getting such evidence -- yourself or through agents, ranging from knowing someone seeing him going to another job, to hiring a private investigator to getting and reviewing his tax returns (if a W-2 job, there will be a paper trail).  Of course, everything but the do-it-yourself options will take money to accomplish.  In the meantime, of course, every month's arrears are accumulating both interest and penalties.  See: http://willicklawgroup.com/child-support/ http://willicklawgroup.com/interest-penalties/ Ultimately, this is a cost/benefit question for you.  You can wait, or file a motion on your own, or perform an investigation on your own, or consult with and hire a lawyer.  There are no guarantees as to how any of those options will play out.... Read More

Those facts are not clear, but if you did not actually get to keep the money, it is hard to see how you could owe it to someone else under any circumstances.  If you cannot solve this problem yourself, consider consulting a family law specialist -- or a tax specialist; from your description, it is hard to see who would be most well equipped to assist you.... Read More

Not enough information.  It is unclear what "applied for child support" means.  If her sister -- presumably, your daughter, and presumably, already emancipated -- applied for welfare benefits, then it is possible that the authorities could eventually attempt to collect any support paid for your child's benefits from the child's parents.  But there are so many missing pieces -- what is the existing custody order/  Where is the other parent?  How old is everyone involved?  What consents were given, by whom, when and why? (etc.) that it is not possible on these facts to be much more specific.  You may want to consult with a family law specialist well versed in such matters.... Read More

Child support is modifiable upon review every 3 years or upon any change in circumstance -- and you have both.  the rules, the current child support charts, and lots more guidance, is posted at http://willicklawgroup.com/child-support/.  Start there.  If you wish, you can file a motion using the Clark County Self-Help Center forms -- they have recently been revised and improved.  As to the question you asked, however, it is impossible to say: every lawyer has different rates.  To determine cost/benefit, find out how much you SHOULD be paying by looking at the posted chart and comparing it to your income, compare that number to the amount you are currently obligated to pay, and multiply by 8 -- my guess is that it is worth filing a motion for a downward modification, but you should figure that out before proceeding.... Read More

Never over-react to baseless threats.  That said, do create a calendar of what contact/visitation there has been, and since he moved post-order and is complaining about it, also consider filing a motion for two purposes: (1) to reduce child support arrears to judgment, with properly-calculated interest and penalties, calling for a specific plan of repayment (do this even if you are considering having the DA collect the support for you, since the sum they will be working from will then be correctly calculated); and (2) to get an order in place making your ex responsible for the travel his move caused.  For background, see: http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/child-support/ Then consider a consultation with family law specialist, in this office or some other, that can explain to you what your options are, how to go about it, and what to expect.... Read More

Your question is a bit unclear.  The duration of child support is set by law of the original state of issuance (in your facts, Missouri), so if "current" support ends there at 18, or 21, that is when support should have stopped -- you can and should contact the Missouri child support collection agency to verify that their records show this as an arrears-only case, and you should get them to send you the payment records so you can verify that you have been credited with all money you have actually paid.  The other states are merely acting as collection agents -- the case is in, and from, Missouri.  If you cannot get anywhere on your own, consider hiring a MO lawyer to assist you.... Read More

You can APPLY for anything you wish -- if you are denied, the denial will probably tell you the grounds and what you need to do about it.  As a minor, if unemancipated, you have a right to support from your parents -- presumably there is some reason you are not getting it.  Consider requesting access to whatever legal assistance is available through your school; if none, consider attending one of the Thursday afternoon Ask-A-Lawyer sessions at family court (they are free) to try to get some guidance.... Read More

If no payment schedule was detailed in the order, it probably just reads "reduced to judgment and is collectible by all lawful means."  To avoid the hassle and uncertainty of wage garnishments and executions, consider calling counsel and proposing a payment schedule that you can handle.  Most lawyers, if money is actually coming in, will be happy to live with a schedule that saves them the work of involuntary collections activity (which then gets charged to you anyway, so there is a double reason to deal with this on some sort of informal voluntary basis rather than waiting for formal court process).... Read More

Well, you can get paper judgments, but if there is nothing to "get," it is hard to see how you can actually collect anything.  On the other hand, relatively few people actually live in cardboard boxes with no income, assets, etc. You could file a motion here, asking for arrears to be reduced to judgment, and for an order to show cause why he should not be held in contempt for non-payment.  "Impossibility" is a defense, but unwillingness to work is not.  He may appear here; he may ignore the action here. You can then domesticate (register) your decree and order reducing arrears to judgment in the place where your ex lives and have him hauled into court THERE -- the place where he lives would be able to do an examination of judgment debtor, take driver's licenses or other such away, or even incarcerate for willful contempt of support obligation.... Read More

Nevada child support law now has a "support follows the child" provision, but you really do not provide enough details to see what is going on -- is the son on his own?  Being taken of by others?  Still supported by mom but at a different location?  Support goes through the age 18, or up to age 19 if a child is still in high school, so you have a cost/benefit analysis to do regarding support for 7 months.  A good first step would be direct communication/negotiation with the mom.  For background, see http://willicklawgroup.com/child-support/.... Read More

Was there ever an order for payment of support?  If so, then all child support ever due for this child remains due -- plus penalties and interest.  The statute of limitations for child support was abolished in 1981.  See http://willicklawgroup.com/interest-penalties/.  If no order was ever entered, however, it is probably too late to seek one now, because the "retroactive" statute, NRS 125B.030, only allows reaching back 4 years. If you have tried and failed to actually collect from the obligor -- and if he actually has anything -- you should consult with an attorney, in this office or some other one, who is well versed in collection of arrearages.... Read More

Your facts are a bit sketchy, but it sounds like whoever is doing the garnishment does not know about the revised order -- if through the D.A.'s office, get to your case manager and give him/her a copy of the revised order; if by direct wage assignment by an employer, get the revised order to whoever cuts the checks.... Read More

Well, phrased exactly that way, none.  For an explanation, see Hern v. Erhardt, 113 Nev. 1330, 948 P.2d 1195 (1997): CHILD SUPPORT, DisabilityThe parties married in 1981, and had a child in 1983.  In 1988, the parties stipulated to the mother having temporary custody, and the father paying support.  A year later, the parties divorced, with the mother receiving custody.  The father failed to pay support.  In “either 1989 or 1991,” the father became disabled, and started receiving social security disability benefits.  In 1991, the mother initiated a URESA action seeking support arrears from 1989 to 1991.  In 1992, the mother started receiving social security benefits for the child, on account of the father’s disability; the first payment included a lump sum payment for the period since June 1991.  In 1994, a URESA court order issued, finding the father in arrears since 1989.The district court held that the social security benefits received could be applied to pay child support arrears and that the mother had already received more than the obligation owed by the father, and that to allow collection of the arrears under these circumstances would constitute an inequitable “double enrichment.”  The district court terminated the father’s obligation for so long as the mother continued to receive social security disability benefits for the child in excess of what the father owed.The Supreme Court held that the excess of the amount paid in social security disability over the amount of child support owed may be credited toward child support arrears.  The Court imposed certain limitations.  First, the time period with respect to applying the credit is when the parent under the obligation became disabled, and then only if “the parent under the support obligation [makes] a good faith effort to apply for benefits for the child as soon as possible after the disabling injury.”  Then, the arrearage accruing during the time gap waiting for benefits to begin is subtracted from the benefits ultimately paid by social security.  There is to be no credit for arrears that accrued before the disability began or after it ended.  Because there was no finding below as to the date of the father’s disability, the matter was remanded. Further information is posted at http://willicklawgroup.com/child-support/.  If you need further assistance, you should consult with a family law specialist at this or some other firm.... Read More