By law, a parent who does not have custody of a child (the “non-custodial” parent) must pay the parent who has custody of the child (the “custodial” parent) child support. The amount of child support that a non-custodial parent must pay per month is determined by gross monthly income, which is monthly income before taxes are deducted. In Nevada, a non-custodial parent obligated to pay child support must pay 18% of gross monthly income for one child, 25% for two children, 29% for three children, 31% for four children, and an additional 2% for each child thereafter. Furthermore, Nevada statutes contain guidelines for both a maximum and minimum monthly child support amount. The maximum amount varies depending on the obligated parent’s gross monthly income and the number of children while the minimum amount is $100 per child.
Once a child support order is in place, there are two ways that either parent can change the amount or modify the order. First, after three years have passed, either parent can request a review of the child support amount to determine whether it is still appropriate based on the parent’s current financial circumstances. Second, and most common, either parent can request a review of the amount if the obligor’s gross monthly income decreases or increases by 20%.
In today’s economy, problems arise when a parent gets laid off but must still pay child support. Ultimately, a parent may request a decrease in the monthly amount of child support owed based on a decrease in income by the requisite 20%. Inversely, if the non-obligated party can demonstrate an increase in the parent’s gross monthly income by 20%, the court may also increase the monthly amount that is owed.
There are several other important things to consider regarding child support. First, every child support order must contain a statement regarding health insurance for each child. A Nevada court will not sign a child support order that does not denote which parent is to provide health insurance. Second, each party must declare whether he or she is on welfare or is receiving any type of public assistance. If a parent is on welfare, and he or she has accrued child support arrears, the court cannot modify the child support amount without first notifying the welfare division. Finally, it is important for any person paying child support to understand that interest can be accrued on any delinquent child support amount. In addition, child support arrears can be reduced to judgment against any non-paying parent and a lien can be recorded against any of his or her real property. Thus, it is very important for a parent to always understand his or her rights and obligations regarding child support.
Amy M. Friedlander, Esq.
On Thursday, November 12, 2009, the Nevada Supreme Court gave its ruling in an international family law matter, commonly known as Ogawa v. Ogawa. This case involved three distinct issues effecting a child custody dispute and division of community property in a divorce action. Under the facts of this case, a now-Nevada resident was divorcing her spouse, who had returned to Japan with their three Japanese-born children.
When the parents of a child live in different states, and custody or support issues arise, you must take great care before hiring a lawyer to represent you in the case. Often, there are two or more possible states that may appear to have jurisdiction over the issues. These issues can be very complicated. Questions regarding jurisdiction are not subject to general rules but are instead fact specific and dependent on the application of complex statutes and rules.
In order to be divorced in Nevada, the state Court must first have “jurisdiction”. In Nevada, the state court has jurisdiction if either the Plaintiff or Defendant has ”resided” in Nevada for the six weeks leading up to the filing of a Complaint for Divorce. This six week requirement defines “residency” and is often times abused by individuals from other states with more stringent divorce laws. It is not unusual for an individual to come to Nevada and set up a sham residence in an attempt to meet the residency requirements necessary to obtain a divorce.
The most important issue that any litigant will face is a Court’s determination as it pertains to the custody rights of parents with regard to their children.
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