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Child support for dummies and for smart people who need help

In Nevada, child support is pretty much set in stone, except for a few court-allowed deviations. You never have to scratch your head too much on how much childchild support in Nevada support has to be paid.

Essentially, it goes like this:

  • 18% of your gross income for child support for 1 child
  • 25% of your gross income for 2 children
  • 29% of your gross income for 3 children
  • and 2% more of your gross income for each additional child if you have more than 3 children.

Child support is paid to the primary physical custodian from the other parent’s wages, salary or other income.

However, if the parties have a 40/60, 60/40 or 50/50 time share of physical custody, then the Court will take a look at both parents’ incomes and figure out child support as follows:

If one parent makes $2,000 a month and the other parent makes $4,000 a month and they have 2 children, then the parent who makes $2000 per month pays the other parent $500 per month, and the parent who makes $4000 per month pays the other parent $1,000 a month. The Court subtracts the lower amount from the higher amount so that the parent who makes $4000 per month pays to the parent who makes $2000 a month $500 a month in child support. Confusing?

The example below, which you can also find at http://nevadadivorce.org/divorce_with_children.html along with the deviations for child support, should help:

John and Jane have one child and no reason to deviate from the Nevada statutory guidelines on child support. John’s gross monthly salary is 1000 per month, so his obligation to Jane for child support is $180 per month. Jane’s gross monthly salary is 800 per month, so she is obligated to John for $144 monthly for child support. Difference between $180 and $144 is $36, so John pays Jane $36 per month.

Aside from child support the parents must maintain medical insurance from the children. The custom and practice in Nevada is to divide any out of pocket medical deductibles, premiums, co-pays are non-covered items equally.

The parent who incurred the expense has 30 days to submit the medical provider’s bill to the other parent, who then has 30 days to pay his or her half share.

Facts you should note about child support:

  • it is not tax deductible to the parent paying it.
  • child support in Nevada is paid up to the time the child either graduates from high school at 18 or until the child has reached the age of 19 if the child has not graduated from high school.
  • There is no legal obligation for a parent to pay for college, although the parties can contract for that in a child support agreement.
  • The minimum amount of child support in Nevada is $100 a month per child
  • The Court is able to deviate both upward and downward on the child support obligation but it’s discretion is limited, and the Court has to make specific findings for the deviation.
  • Even if the parents make the same amount of money and share legal and physical custody equally, the Court still wants the amount of the child support obligation of each parent in the Decree of Divorce or Child Custody Agreement.

This is so that the District Attorney’s Child Support Agreement will have something to enforce in case one parent leaves the children with the other parent full-time and does not start to make child support payments.

  • Child support is reviewed at least every 3 years. If there is an increase in income of more than 20% or a decrease in income of more than 20%,  then child support can be reviewed at any other time.
  • Willfully under-employment or unemployment is not eligible for a decrease in child support.
  • Child support must be paid even when the spouse who has physical custody refuses to allow  child visitation.
  • Being late 30 days will allow a wage garnishment on your wages or salary to occur.
  • Additional remedies for non-payment of child support include seizing tax returns, suspending professional  and drivers’ licenses, denying issue of a passport and possible jail time.
  • If a party gets re-married, has another child and get divorced again, child support to the first child will continue as is while additional child support to the second child will be ordered, though it will be modified due to the first obligation.

 

How To Figure Out Your Nevada Child Support Obligation

child support in NevadaBelow is the child support guideline table for Nevada (as per Nevada Revised Statutes). To better explain the table, which seems to confuse many people if the calls to our office are any indication, we will look at two very simple examples. Look at the table first, then read the examples and things should become clearer for you. Note that there are allowable deviations from these child support guidelines and you’ll see a list of them a little lower in this article.
Click Here for : CHILD SUPPORT GUIDELINES TABLE:
Statutory Percentages for Child Support in Nevada – NRS 125B.070 (1)(B):
One (1) child: 18%
Two (2) children: 25%
Three (3) children: 29%
Four (4) children: 31%
Five (5) or more children: 2% more over amount for four (4) children for each additional child.

Example 1: John and Jane have one child who lives with Jane full time and spends two weekends per month with John, as well as two weeks in the summer and some holidays:
1. John’s gross monthly salary is $4,235.
2. Child support for one child is set at 18%, and 18% of $4,235 is $762.30, HOWEVER
3. Maximum child support per child for the range of $0 to $4235 is $604 per month, therefore
4. John will pay $604 per month in child support to Jane.

Example 2: John and Jane share physical custody (one week with John, one week with Jane or some other equal-time arrangement)
1. John makes $4,235 per month, so must pay $604 to Jane as child support
2. Jane makes $3,000 per month, so must pay $540 to John as child support.
3. Difference between $604 and $540 is $64, so John pays Jane $64 per month.

In any deviation from the above table (higher or lower amount), the Court takes into consideration the following factors (NRS 125B.080):

more than less than Maximum
$0$4,235$6,351$8,467

$10,585

$12,701

$14,816

$4,235$6,351$8,467$10,585

$12,701

$14,816

no limit 

$604

$664

$726

$785

$846

$906

$968

How to collect on unpaid Child Support Obligation:
In Nevada, once you have a Decree of Divorce, if your spouse does not make the child support payments as ordered in the decree, you may contact Child Support Enforcement in the county where you reside. The District Attorney’s Office will take legal measures to collect the child support through any means available to them, including wage garnishment, and bank account garnishment.

Child Support Offices in Nevada:

Washoe County Residents– Child Support Enforcement
300 E 2nd St, Ste 1200 Reno, NV 89501
(775) 448-5150 (775) 448-5199 (fax)
Washoe County Child Support Collection

Churchill County Residents
Churchill County District Attorney 165 North ADA Street Fallon, NV 89406
(775) 423-8423 (775) 428-6571 (fax)
Churchill County DA Child Support Division Web Site

Clark County Residents
Clark County District Attorney
Family Support Division
1900 E Flamingo Rd, Ste 100
Las Vegas, NV 89119
(702) 671-9200 (702) 366-2400 (fax)
Clark County Child Support Collection

Of course Nevada Divorce.org (Conexa, LLC) can help you with any divorce in Nevada with children needs.

 

Author: Attorney James E. Smith — http://nevadadivorce.org/about_nevada_divorce.htm

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