Nevada Family Legal Questions

There is no requirement that the baby have the father's last name.  Some use hyphenated names. I find that most of the judges will order that a name be hyphenated if the dad acts quickly and asks that his name be put on the birth certificate.  But your daughter wiill have complete control over the birth certificate.  In order for BF's name to go on the birth certificate as father, mom and BF will need to sign an Affidavit of Paternity.  The hospital should have a form.  If not, it can be found on line.  ... Read Answer

Your problem is not gumption, I think, it is the "pro bono" part -- your position being "do this difficult, time-consuming, and (I claim) controversial thing without getting paid for it. That said, 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. Disclaimer: Of course, our providing information directly or by means of our web site does not create an attorney-client relationship or make us attorney of record in any case. It is our practice to have a written retainer agreement with every client we represent, so if we do not have such an agreement, you should presume that we are not (yet) your lawyers, and we are not providing legal advice, but only general legal information. Willick Law GroupA Domestic Relations & Family Law Firm Marshal S. Willick, Esq.3591 E. Bonanza Road, Ste. 200Las Vegas, NV 89110-2101ph. 702/438-4100 x 103fax 702/438-5311e-mail: marshal@willicklawgroup.commain website www.willicklawgroup.comQDRO website: www.qdromasters.com  ... Read Answer

Nevada law is a bit imprecise on the multiple-families situation.  I did write up a pretty comprehensive analysis of the possibilities, in legal note No. 32 How to Calculate Child Support with Multiple Families, posted at http://www.willicklawgroup.com/newsletters, and I would suggest that you start with that analysis.  Much of the rest, as to deviations from guideline support, is discretionary; I suggest a consultation with a family law expert. Disclaimer: Of course, our providing information directly or by means of our web site does not create an attorney-client relationship or make us attorney of record in any case. It is our practice to have a written retainer agreement with every client we represent, so if we do not have such an agreement, you should presume that we are not (yet) your lawyers, and we are not providing legal advice, but only general legal information. Willick Law GroupA Domestic Relations & Family Law Firm Marshal S. Willick, Esq.3591 E. Bonanza Road, Ste. 200Las Vegas, NV 89110-2101ph. 702/438-4100 x 103fax 702/438-5311e-mail: marshal@willicklawgroup.commain website www.willicklawgroup.comQDRO website: www.qdromasters.com  ... Read Answer

Short version:  no.  Military retirement division by percentage usually lasts for the duration of the joint lives of the parties.  But there are many, many complications to such cases, and from just the facts you have mentioned, at least the disability and "ten year rule" materials, discussed in the article "Divorcing the Military," should be carefully reviewed.  It is posted at http://www.willicklawgroup.com/military_retirement_benefits.   Disclaimer: Of course, our providing information directly or by means of our web site does not create an attorney-client relationship or make us attorney of record in any case. It is our practice to have a written retainer agreement with every client we represent, so if we do not have such an agreement, you should presume that we are not (yet) your lawyers, and we are not providing legal advice, but only general legal information. Willick Law GroupA Domestic Relations & Family Law Firm Marshal S. Willick, Esq.3591 E. Bonanza Road, Ste. 200Las Vegas, NV 89110-2101ph. 702/438-4100 x 103fax 702/438-5311e-mail: marshal@willicklawgroup.commain website www.willicklawgroup.comQDRO website: www.qdromasters.com  ... Read Answer

Under current law, signature on an acknowledgment of paternity has the same effect as a court order.  A child may only have two parents.  So, for the adoption to go forward, a termination of parental rights is required.  See: http://www.willicklawgroup.com/termination_of_parental_rights http://www.willicklawgroup.com/adoptionDisclaimer: Of course, our providing information directly or by means of our web site does not create an attorney-client relationship or make us attorney of record in any case. It is our practice to have a written retainer agreement with every client we represent, so if we do not have such an agreement, you should presume that we are not (yet) your lawyers, and we are not providing legal advice, but only general legal information. Willick Law GroupA Domestic Relations & Family Law Firm Marshal S. Willick, Esq.3591 E. Bonanza Road, Ste. 200Las Vegas, NV 89110-2101ph. 702/438-4100 x 103fax 702/438-5311e-mail: marshal@willicklawgroup.commain website www.willicklawgroup.comQDRO website: www.qdromasters.com    ... Read Answer

In Nevada, case law dictates that a party who is ordered to pay off a credit card and does not may be subject to further orders to reach the overall distribution of property and debts that was intended.  See ............................ Martin v. Martin, 108 Nev. 384, 832 P.2d 390 (1992) August, 1988 Decree ordered child support and for husband to pay two Visa credit card accounts. He filed bankruptcy in September, and had them discharged in April, 1989. Wife filed a motion for spousal support; after evidentiary hearing, court found debt payment terms "characterized as being in the nature of alimony, maintenance and support" and so ordered support in an amount sufficient to repay wife for credit debts now falling to her. Here, "hold harmless" provisions qualified as maintenance or support, since court found that without it "spouse would be inadequately supported." Here, husband's assumption of debt was tied to agreement for lower child support; when he breached agreement, he left her inadequately supported. While discharge was proper, he could not discharge obligations arising out of decree. [NOTE: Court apparently did not address timeliness question of how wife could file a motion for alimony nearly a year after divorce was final; there may be additional procedural facts not recited in opinion.]............................. The bankruptcy adds another wrinkle.  I'd suggest first contacting your bankruptcy lawyer to ensure you understand the effects of it on all aspect of property and debt orders from your divorce, and then speak to a family law attorney.... Read Answer