If you live in Nevada and are separated from your child’s other parent, then the issue of child support is abundantly important. While everyone can agree that children need to be financially supported, the actual monthly payments from one parent to another causes an unbelievable amount of tension on both sides. We find that fully informing our clients of their legal rights helps a great deal in easing some of this tension and setting expectations regarding child support.
- Who Has to Pay Child Support?
Technically, both parents have a legal duty to financially support their children. However, when it comes to child support payments, it is assumed that a parent who has primary physical custody of the child pays their due during their care for the child. It is, therefore, the noncustodial parent who is generally responsible for making child support payments to the custodial parent.
- How Much Does a Parent Have to Pay?
Nevada has child support guidelines that dictate how courts calculate a parent’s child support obligation. Child custody orders look primarily at the gross monthly income of the child’s parents, the number of children, and the child custody order in place. Determining what each parent’s gross monthly income actually is can be a hotly contested issue. In addition, in certain circumstances, the court may deviate the child support award.
- What Does a Court Consider Income?
Nevada has an extremely broad definition of income that encompasses almost all sources of funds, with certain exeptions. It is important to know what is and is not considered income.
- Does Either Parent Pay When Sharing Joint Custody?
If parents have a joint custody order—a roughly 50/50 split time with the child—then the higher income parent will generally have to pay child support to the parent with lower income. The amount is generally the difference between each parent’s respective child support obligation. So if one parent’s obligation is $500 per month, while the other parent’s obligation is calculated at $250 per month, then the higher income parent will be responsible for paying the difference ($250) per month to the other parent.
- Do Courts Always Stick to the Guideline Amounts?
No. Courts have the discretion to deviate from the guidelines. However, any deviation from the guideline amount must be justified by the court—which is required to make its findings in writing in the child support order. Some reasons for a deviation may include health care expenses, health insurance, child care costs, educational needs, a parent’s obligation to other children, cost of visitation and transport, and the relative income of the parents.
Family Law Attorneys at Viloria, Oliphant, Oster & Aman L.L.P.
At Viloria, Oliphant, Oster & Aman, L.L.P., we have always strived to provide top-class family law representation to our clients. When it comes to issues of children and property, you want to make good decisions. Our attorneys are intelligent, driven, and pride ourselves in building strong attorney client relationships. If you want someone to stand with you, call us. Contact Viloria, Oliphant, Oster & Aman L.L.P. at (775) 227-2280 to schedule a consultation or contact our office through our website.