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.
