Nevada Child Support Legal Questions

Maybe.  The Nevada Supreme Court had this to say about the subject: overtime should be included as income, "if it is substantial and can be determined accurately."  Scott v. Scott, 107 Nev. 837, 822 P.2d 654 (1991). For a more complete explanation of the rules for calculating child support, see: http://willicklawgroup.com/child-support/. If that does not answer your questions, schedule a consultation with a family law specialist in this or some other family law firm, and go over your specific facts and circumstances.  ... Read More

Short version (assuming your stated facts are correct), no you don't.  Child support is the expected financial contribution by the non-custodial parent, absent an agreement or order stating that additional sums are owed.  See: http://willicklawgroup.com/child-support/ One exception is medical costs -- a separate statute states that, normally, parents are to equally divide those costs for minor children's medical expenses not paid by insurance, and most judges believe that provision requires splitting the insurance premium, as well.... Read More

That's not nearly enough information to even hazard a guess as to what is going on, or where it is going on. I suggest you start with the information and materials posted at: http://willicklawgroup.com/paternity/ http://willicklawgroup.com/child-support/ Then, if you are uncertain what to do or how to do it, you should schedule a consultation with a family law specialist.  if the case is not here, but elsewhere, you will want to contact an attorney in the jurisdiction where the underlying case is pending.... Read More

Nothing in the published case law, or statutes, appears to answer your question.  You should probably ask your ex for specific documentation, and then consult with a family law specialist to find out what, if any legal responsibility you might have for whatever he is talking about.  As Medicaid is a welfare program that does not typically seek to recoup costs, the claim sounds . . . suspicious.... Read More

You have choices, and there are costs, risks, and benefits to each of them. You can simply contact the D.A. here, and request administratively that you be permitted to work through the Nevada D.A. rather than the CA authorities (you do not say so, but your note seems to indicate that you are in the D.A. system in CA). If the dad is here, consider hiring private counsel to file a motion to reduce arrears to judgment, and for prospective support.  Private counsel tend to be a whole lot more diligent and aggressive in pursuing deadbeat parents than the D.A. bureaucracy. You also do not say where the obligor/dad lives, which makes a difference.  If he is in CA, it is easier for either the public authorities or private counsel to actually find and pursue support from him in the State where he is located. Be aware that the dad might pursue contact or visitation, although after 13 years of delay he will not get a lot of sympathy from most judges. 13 years is long enough to wait.  Consult with private counsel, and actually get something done, if you think the deadbeat parent actually has anything worth pursuing.... Read More

That is a bit confusing, but if he owed back child support, and someone else paid it for him, presumably there are no more arrears and no reason for you to file anything. As to child care, there is no statutory right to it -- if there is no court order calling for contributions to such care, ther is no right to demand contributions -- although either party could go back to court to ask for such an order at any time during the minority of the children.  See: http://willicklawgroup.com/child-support/ If you need further assistance, you probably should consult with this office or that of another family law specialist firm.... Read More

I think there is a misunderstanding. The statute governing child support states that the duty of support continues until age 18 (or until 19, if the child is still in high school).  Presuming support is payable on the first of the month, the child in question was apparently still 18 on both June 1 and July 1, making support payable those months.... Read More

You have several options, depending on facts you do not mention.  Is dad on the birth certificate, or has paternity been established by any court?  If no to both, then paternity is the first thing to establish, and then support (it can be done, usually, in the same proceedings).  You don't say WHERE in the U.S. dad is living -- you need to proceed, either through private counsel, or through the District Attorney ("D.A."), of the State where dad is.  I suggest you review some background information at the below links, and then call either a D.A. or hire a private family law specialist to begin the matter.  You shouldn't wait -- there are statutes of limitation that cut off your right, at least to some past sums, after too much time elapses. http://willicklawgroup.com/paternity/ http://willicklawgroup.com/child-support/  ... Read More

As the "child" is now 18, there seems little the family court, or family law, can do.  I would suggest a consultation with a personal injury lawyer (actually, your son is the proper plaintiff, I think), and perhaps a visit to the District Attorney regarding possible prosecution for abuse and neglect.... Read More

If the situation is as you describe, then you are entirely correct.  See the explanation and the Rivero case, both posted on the child support page of our website -- http://willicklawgroup.com/child-support/. It is probably in your best interest to hire counsel, since an attorney knowledgeable in this area can deal with matters such as arrearages, proper calculations, matters of proof, and defending against whatever counter-charges are brought.  If you cannot afford counsel, there are forms available on the Clark County family court self-help center website that would allow you to file on your own.... Read More

You do not provide enough details to understand where in the process you might be.  If you have not looked at the forms on the self-help center website you should; at the very least, show up at the next scheduled hearing and indicate that you are not sure about paternity; that should result in a test being ordered. Your best bet, however, would be to have a consultation with counsel in advance.  To answer your question -- maybe -- generally, you do not own child support for children that are not yours, but a number of facts could lead to some different result.... Read More

Obviously, you should not have signed any such thing.  Nor should have waited four years after doing so to seek legal advice.  However, it just is not clear exactly what your situation, or alternatives, are.  Before walking away from $32,000 in back child support, I suggest you gather copies of everything -- the original order, any modifications, the supposed "waiver" any correspondence, and anything else you have, and consult with a family law specialist as to your options at this point.  Some waivers are valid, some are not; it is not possible to say on your facts without looking at the documentation.... Read More

If, as you indicate, the original child support order was out of Nevada, it is possible (but not certain) that you can get an order of reimbursement, essentially on the basis of fraud, since the e-mail you speak of states that there was no such expense when the original order was made. NRS 125B.080 states in part that "Any inaccuracy or falsification of financial information which results in an inappropriate award of support is grounds for a motion to modify or adjust the award."  Whether that statute can be used to obtain a retroactive adjustment and order of reimbursement has not been clearly established by the case law. You need to bring the original court order, all orders altering or adjusting it, and any relevant correspondence -- including that e-mail -- to a family law specialist who knows child support law.  For background, you might want to see the materials we have posted at http://willicklawgroup.com/child-support/.... Read More

First, it is possible that you can get better cooperation once you point out to your ex-husband that you can -- and will -- seek interest on all late payments.  For details about how that works under Nevada law, see http://willicklawgroup.com/interest-penalties/.  Obviously, clear records are a must -- if you have not been keeping track of what you receive and when you receive it, start doing so immediately. If a friendly reminder does not do it, see a family law specialist well-versed in collection matters.  Starting at the link above, for example, read up on, and make sure whoever you speak with has, the Marshal Law Interest and Penalties Calculator; it is used in family court to accurately calculate interest on past due payments.  Once it is established that there is an arrearage, you should also be able to request and receive an attorney's fee award for having to go to court to collect what you are owed. If there are sufficient arrears, it might be worth having an attorney calculate the interest on what you have already missed, sending a demand letter for it, and then filing a motion if it is not paid. For the future, depending on the facts, it might be possible to set up an execution (direct payment) of your future support direct from the source; those details are best discussed in a consultation with qualified counsel.... Read More

You don't supply several key pieces of information.  For example, ARE you "harassing his girlfriend" without some legally sufficient cause?  What connection, if any, does that have to any interactions relating to the children? Generally, interactions with third parties are irrelevant to custody and support.  Best thing for you to do -- presuming there is no such connection -- is document the threat, in writing, so if a baseless allegation regarding the kids is made you can show its actual motivation. If, as is likely, neither your question nor this response captures what is really going on, you should consult with a family law specialist.... Read More

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 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.clarkcountycourts.us/shc/Supporting%20Documents/self_help_supportingdocs.html.... Read More

There are no such "advanced opinions."  The structure of the support order you wish to put into place is one I have seen (and written) several times -- if the facts justify it (as yours appear to) and if the other side agrees, or the judge does so even over their objection. There is no "bonus law" in Nevada's child support statutes or case law; what guidance there is comes from Scott v. Scott, 107 Nev. 837, 840, 822 P.2d 654, 656 (1991), which includes the proposition that modification of a child support order can be made in accordance with NRS 125B.070, based on the noncustodial parent's gross monthly income, including any overtime pay. 107 Nev. at 839, 822 P.2d at 655.  The case discusses that overtime is to be included as income "if it is substantial and can be determined accurately."  In that case, the court used a three-year average.  Bonuses analyze pretty much the same way. My suggestion would be to propose a stipulated modification of your decree as you have indicated, and if that invitation is refused, move for the modification, requesting fees for the other side's intransigence.                                        ... Read More

Not enough information.  As to whether you are paying enough, not enough, or way too much support, much depends on your income, not so much on your other bills.  See the explanation and tables and charts posted at http://willicklawgroup.com/child-support/.  If this does not answer your questions, I suggest you consult with a family law specialist such as this firm for more specific guidance.... Read More

Your facts are a bit scattered. Misbehavior in the divorce has nothing to do with the liability you appear to be asking about.  My guess is that custody was discussed in the divorce decree, as was support, and that your fiance did not comply with the orders, which the D.A. is now trying to enforce.  Whether service on the facts was required (or adequate) is beyond what I can see from what was disclosed.  What "papers" he signed may well be relevant to that question. Finally, her (and especially, any of her new spouse's) income is not relevant, at least directly, to the Nevada child support formula, as to the amount of his obligation.  See http://willicklawgroup.com/child-support/.... Read More

In Nevada, what you describe should only be happening if the State believes (correctly or otherwise) that the child is or was on Welfare and the child is being supported by the State.  They have been known to be wrong, and sometimes Welfare fraud occurs, or it is possible that I misunderstood your facts. Start with the explanation, and references posted at http://willicklawgroup.com/child-support/; if that does not answer your questions, you should probably speak with a family law specialist.... Read More

Pretty much anyone can be ARRESTED any time a cop feels there is probable cause.  Your question really appears to ask whether a person can be charged with non-support and convicted of criminal contempt (or perhaps civil contempt -- they are different) if unemployed.  The answer is "maybe."  Nevada case law does support the "impossibility" defense, but the cases are pretty harsh and lean toward the obligor making every conceivable effort to comply with support orders.  If there is such an order, and you cannot satisfy it, the smarter thing to do would be to file a motion to have the support owing reduced due to your unemployment.  See http://willicklawgroup.com/child-support/. ... Read More

Your question is a bit vague -- what sort of help do you need? The D.A. can open a case (this costs you nothing) and will --eventually -- have a hearing in the Master's court and attempt to enforce any child support order in effect if the obligor is not paying what is owed. Or, you can hire private counsel to file a motion in family court for arrears, plus interest and penalties, and plus attorney's fees. I would suggest at least a brief phone call to a family law specialist to explain what, precisely, you have (what orders, and what facts) and what you are trying to accomplish.  A much more specific answer can then be provided.... Read More

While the desire to "do this just once" is understandable, it is not realistic -- child support may be adjusted whenever "changed circumstances" arise -- and you are apparently facing two of consequence: unemployment, and new employment/relocation.  If you wait, the current order (whatever it is) will remain in effect regardless of your unemployment until and unless someone asks to modify it; support is not modified retroactively. So your choices are to file to modify once when unemployed, and again when re-employed, or to stipulate with your ex for a temporary modification, and then a permanent one once you have a different income level.... Read More

On consideration of spousal income, see the answer to that question I posted today on this site (if you don't see it, let me know). The question on time share and abatements is that abatements are disfavored, even during extended summer visitation, but if the total time share is 60/40 or closer, looked at over a whole year, you may fit under the revised opinion in the Rivero case for what constitutes "joint custody."  For details, see http://willicklawgroup.com/child-support/. As to the third child, you could ask of course -- but the likely response wold be to send the child somewhere else. Nevada courts do have the power to allocate tax exemptions, but generally the question is which parent is providing more than 50% of total case for the child.  In lots of cases, it makes sense to divide the exemptions when there is more than one child.... Read More