Child support is ordered to be paid as a result of a divorce action or an action for paternity/custody between two unmarried parents. Denise A. Gallagher is a child support attorney.
Child support is determined pursuant to a formula set forth in the Nevada Revised Statutes. That formula is based upon the gross monthly income of the parent who is ordered to pay child support. Pursuant to the formula, a parent will pay 18 percent of their gross monthly income for the support of one child, 25 percent of their gross monthly income for two children, 29 percent of their gross monthly income for three children, 31 percent of their gross monthly income for four children and an additional 2 percent of their gross monthly income for each additional child over four children.
There is a maximum amount that a parent can be required to pay for each child which is set forth by the Nevada Legislature each year. That amount is based upon the changes to the cost of living from year to year. The presumptive maximums for 2017 are set forth at the end of this section.
The Court does have discretion to deviate upward or downward from the maximum amount in certain circumstances. Those circumstances include, but are not limited to: the parent who pays the cost of health insurance, child care expenses and the cost of transportation to effectuate visitation.
Most often, clients require legal assistance to enforce or modify their child support awards. So long as a child is a minor, a child support order may may be modified. Only future child support payments may be modified. There must be a showing of a substantial change in circumstances to modify an existing child support order. Pursuant to Nevada case law, a showing of a change of 20 percent in the gross monthly income of a parent ordered to pay child support is sufficient to meet the “substantial change in circumstances” requirement. Child support orders may also be reviewed every three years without the necessity of showing a substantial change of circumstances. A motion can be prepared and filed with the Court to have a child support order reviewed.
When an obligor parent is not paying their child support or is paying less than they are ordered to pay, a motion can be filed to hold them in contempt of court and to compel them to pay. The Court is required to add a 10 percent penalty for each missed payment as well as statutory interest to the outstanding child support balance.
If you or someone you know needs assistance in obtaining, modifying or enforcing a child support order, contact the knowledgeable family law attorneys at Gallagher Attorney Group.