Las Vegas Child Support Lawyer
Relentless Clark County Child Support Attorneys Protecting the Well-Being of Your Children After Divorce
Divorce can make life uncertain. You may not know where you're going to live or how you're going to pay your bills, let alone how you're going to support your child/children. Thankfully, Nevada's child support laws can ensure that your child receives all the financial support they need to live a happy, healthy life.
The Las Vegas child support attorneys at Roberts Stoffel Family Law Group have earned an incomparable reputation as experienced and compassionate litigators, helping clients in Clark County for over 10 years. You can count on our child support law firm to fight for the best interests of you and your child in support and custody proceedings.
On this page:
- How is Child Support Calculated in Nevada?
- How Long Does Child Support Last?
- Can Child Support Be Modified?
- Can I Enforce a Child Custody Order?
How is Child Support Calculated in Nevada?
On February 1, 2020, the State of Nevada changed child support laws. The most significant change is that there is a tiered calculation based on income, and there are no longer any caps per child.
Gross Monthly Income
The first step to calculating child support is to calculate each parent’s gross monthly income. Gross monthly income means salary and wages, overtime if it is “substantial, consistent and can be accurately determined”, interest and investment income, Social Security benefits, periodic payments from retirement, proceeds from worker’s compensation or personal injury awards, unemployment insurance, and more.
Physical Custody Arrangement
Once the gross monthly income is calculated, the second step is determining the physical custodial arrangement. The physical custody arrangement determines who will pay child support.
- In a primary physical custody arrangement, the “non-custodial” parent pays child support based on the formula.
- A joint physical custody arrangement calculates child support for both parents. Then an offset is applied based on the difference between the income of the higher-income and the lower-income parent.
Number of Children
After each spouse's gross monthly income and custody arrangement have been determined, the final element of Nevada's child support calculator is the number of children from the marriage.
- The first $6,000.00 of a parent’s gross monthly income is calculated at 16%,
- The next $4,000.00 of a parent’s gross monthly income is calculated at 8%, and
- Anything over $10,000.00 in gross monthly income is calculated at 4%.
- The first $6,000.00 of a parent’s gross monthly income is calculated at 22%,
- The next $4,000.00 of a parent’s gross monthly income is calculated at 11%, and
- Anything over $10,000.00 in gross monthly income is calculated at 6%.
- The first $6,000.00 of a parent’s gross monthly income is calculated at 26%,
- The next $4,000.00 of a parent’s gross monthly income is calculated at 13%, and
- Anything over $10,000.00 in gross monthly income is calculated at 6%.
- The first $6,000.00 of a parent’s gross monthly income is calculated at 28%,
- The next $4,000.00 of a parent’s gross monthly income is calculated at 14%, and
- Anything over $10,000.00 in gross monthly income is calculated at 7%.
Any number above four children:
- The first $6,000.00 of a parent’s gross monthly income is calculated at 28% plus 2% for each additional child,
- The next $4,000.00 of a parent’s gross monthly income is calculated at 14% plus 1% for each additional child, and
- Anything over $10,000.00 in gross monthly income is calculated at 7% plus ½ a percent for each additional child.
Besides the basic calculation, there are also deviation or modification factors that the court can consider. The experienced Las Vegas child support attorneys at Roberts Stoffel Family Law Group can help you calculate your potential child support and determine any deviations or modifications that may apply to your unique situation.
How Long Does Child Support Last in Nevada?
If a parent has been ordered to pay child support in Nevada, they will be responsible for payments until the child turns 18. If the child is still in high school, the duration can be extended to 19 or until graduation.
If the child is disabled and cannot become financially independent, the court may order payments to continue indefinitely.
However, child support payments may end prematurely if the child becomes emancipated. Emancipation is the legal process in which a minor declares freedom from their parents, essentially stripping them from financial responsibilities. Common examples of emancipation include marriage and joining the military.
Can Child Support be Modified in Nevada?
To request a modification of existing child support orders, you must prove that a change in circumstances has occurred and impacted your ability to pay. Examples of these circumstances may include the loss of a job, an injury that has left you disabled, or an emergency expense that has crippled your finances. Regardless of the reason, there are also laws Nevada has put into place which control how support is modified:
- You may only request a modification if the change of income totals at least 20%
- All child support orders are reviewable after three years
- Child support orders may be altered if new children are born or remarriage has occurred
- Payments may be stopped indefinitely if the custodial parent relocates
Enforcing Child Support in Las Vegas
The non-custodial parent is legally obligated to pay child support when there is an official child support order. But what do you do if your co-parent has ceased making these payments? It's important to know that you are not without legal rights or support. The State of Nevada has official channels so that you can request enforcement of child support payments.
The District Attorney Family Support Division in Nevada handles all matters related to enforcing child support orders and collecting any past payments.
When you file a case with the DAFS, they can help you by:
- Locating the parent (if missing) and identifying their place of employment
- Collecting child support payments by withholding wages from their employer
- Taking IRS tax returns to pay past child support
- Suspending the parent's driver's license or professional license if past child support has reached a certain amount
- Imposing jail time on the parent until they pay past child support
Child support enforcement is not located at the Family Courthouse, it is located at the Greystone Building at 1900 E. Flamingo, Suite 100, Las Vegas, Nevada, 89119.
Turn to An Experienced Las Vegas Child Support Lawyer Today
Child support is one of the most important aspects of your divorce. Even though Nevada uses a standard calculation when determining child support, there are a number of ways that a noncustodial parent can get out of their obligation to provide the financial support your child deserves. For over 10 years, our dedicated Las Vegas child support attorneys at Roberts Stoffel Family Law Group have been proud to serve Clark County, Nevada and fight for your child's best interests, helping them secure the financial support they need to live a full life. We will be happy to fight for you and your child's best interest.
Call us at (702) 766-5566 for a free initial consultation and to speak with our Las Vegas child support attorney.
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