Trying to navigate or revise a child support agreement? Choose Richard P. Davies, an experienced, compassionate child support attorney.
Child support negotiations can be complex, as they require detailed evaluations and calculations of both parents’ incomes and their child’s needs. Richard P. Davies, Esq. has been practicing law for nearly 20 years and aims to provide families with approachable and energetic legal guidance.
We can help you estimate the potential support amount, whether you are the paying or receiving parent, as well as help you petition for an adjustment of the amount. We have your best interests in mind and will advocate firmly for your goals and needs in your child support case.
Child support agreements are also affected by which parent has custody, and what kind of custody. Click here for more information on child custody in Nevada.
Child Support FAQ
In Nevada, both parents are expected to cover the costs involved in raising their child, which may be in the form of support payments, healthcare, and education expenses. However usually only one parent, the noncustodial parent, makes actual child support payments, as it is presumed that the custodial parent spends at least a similar or appropriate amount of money on caring for their child day-to-day.
In situations where the parents share joint custody, the parent with more income pays support. Keep in mind that child support isn't meant to impose a hardship on the higher-earning parent; it simply aims to preserve the child's standard of living after a divorce or separation.
Generally, there are three main factors in calculating the amount of child support:
Gross monthly income is all income received each month, including salary, wages, bonuses, and commissions from employment, as well as any pension or severance pay. For self-employed individuals, gross income is all their income before taxes or contributions to retirement, a pension, or personal expenses minus all legitimate business expenses.
Gross monthly income could also be money that comes from any royalties, dividends, or a trust, as well as from Social Security benefits, workers' compensation, unemployment, veteran’s benefits, or disability benefits.
The state specifies percentages of gross monthly income required for child support, such as 18% for one child, 25% for two children, and 29% for three children. Note that the numbers may vary slightly year to year, so it is best to consult an attorney for the most updated information.
Note: The court also has the authority to impute income to a parent who is voluntarily unemployed or underemployed. For example, if a parent attempts to avoid child support payments by refusing to work, the court can assign a potential income to them to calculate a child support payment. However, if they have a reasonable excuse, such as if the parent has a disability that prevents employment, they won't be held responsible for additional income.
While the above child support calculation income guideline will set a specific payment amounts, either parent has the right to ask for an adjustment of the calculated amount before finalizing the child support order.
To approve or deny an adjustment, the court will review the following factors to change the amount either up or down, according to NRS 125B.080:
If 3 years has elapsed since a child support order has been issued, it is possible to ask the court for modification of the order. The petitioning parent can request this modification based on their current income levels and the state's current standards.
Alternatively, if it has been less than 3 years since the court issued or modified the order, a parent may still request a modification if they can show a change in circumstances that impacts the ability to pay support. Such a change in circumstances could be that the paying parent's gross monthly income has increased or decreased by 20% or more, such as a parent loses their job.
If you have legal questions about negotiating child support or modifying an order, do not hesitate to contact the legal team at Richard P. Davies, Esq. for legal support. Our firm can take a look at your financial circumstances to help you advocate for a favorable arrangement, whether you anticipate being the paying parent or supported parent.