Nevada Child Support
In Nevada, parents of a child have a duty to support the child. Child support includes most expenses related to the child’s upbringing. Child support calculations are complex and take into account both parents’ income. Effective February 1, 2020, Nevada completely revised its child support guidelines.
Child support issues persist even after the judge issues an order or parents come to an agreement. Child support matters include enforcement and modification.
If you have children under 18 and have questions about Nevada child support, contact an experienced family law lawyer. An experienced lawyer can help you understand your child support rights and obligations. A lawyer can assist in child support calculations and enforcement. Anthem Divorce Lawyers are an experienced team of family law lawyers. Contact us today for a consultation.
What is Child Support?
Under Nevada law, every parent of a child under 18 has a duty to provide the child necessary maintenance, health care, education, and support. Parents must provide support for their children if they are under 18, or 19 if they are still in high school.
During the pendency of a child support case or divorce, a party may file a motion for temporary orders. The temporary orders are temporary and provide for child support during the pendency of the proceeding.
Child support is calculated based on a percentage of a parent’s gross monthly income. Calculating child support is a complex legal process. An experienced family law lawyer can advise you of your rights. If you are paying child support, an experienced lawyer can make sure you do not pay more than you are legally obligated to pay. If you are receiving child support, an experienced lawyer can make sure your child receives the maximum amount of support they deserve.
To calculate child support you will need financial information regarding your gross monthly income and the other parent’s gross monthly income.
Per Nevada Administrative Code (NAC) 425.025, gross income includes:
- Salary and wages, including, without limitation, money earned from overtime pay if such overtime pay is substantial, consistent and can be accurately determined.
- Interest and investment income, not including the principal.
- Social security disability benefits and old-age insurance benefits under federal law.
- Any periodic payment from a pension, retirement plan or annuity which is considered remuneration for employment.
- Net proceeds resulting from workers’ compensation or other personal injury awards intended to replace income.
- Unemployment insurance.
- Income continuation benefits.
- Voluntary contributions to a deferred compensation plan, employee contributions to an employee benefit or profit-sharing plan, and voluntary employee contributions to any pension or retirement account, regardless of whether the account provides for tax deferral or avoidance.
- Military allowances and veterans’ benefits.
- Compensation for lost wages.
- Undistributed income of a business entity in which a party has an ownership interest sufficient to individually exercise control over or access the earnings of the business, unless the income is included as an asset for the purposes of imputing income pursuant to NAC 425.125.
- Child care subsidy payments if a party is a child care provider.
Gross income does not include:
- Child support received.
- Foster care or kinship care payments.
- Benefits received under the federal Supplemental Nutrition Assistance Program (SNAP).
- Cash benefits paid by a county.
- Supplemental security income benefits and state supplemental payments.
- Payments made for social services or any other public assistance benefits.
- Compensation for losses, including, without limitation, both general and special damages, from personal injury awards not intended to replace income.
Child support calculations change if one parent’s gross monthly income exceeds $6,000. Additional rules apply if a parent’s monthly income exceeds $10,000.
Child support obligations are different for low-income parents. The Secretary of Health and Human Services sets a low-income schedule (based on the current federal poverty guidelines) for such parents.
To calculate child support, multiply a parent’s gross monthly income up to $6,000 by a percentage based on the number of children.
- One child = 16%
- Two children = 22%
- Three children = 26%
- Four children = 28%
- Each additional child = 2%
For a parent’s gross monthly income between $6,000 and $10,000, include an additional percentage based on the number of children.
- One child = 8%
- Two children = 11%
- Three children = 13%
- Four children = 14%
- Each additional child = 1%
For a parent’s gross monthly income above $10,000, include an additional percentage based on the number of children.
- One child = 4%
- Two children = 6%
- Three children = 6%
- Four children = 7%
- Each additional child = .5%
Before February 1, 2020, there was a cap on the monthly amount of child support. A cap meant that the monthly amount could not be more than a set monthly maximum level. After the rule change, there is no longer a cap.
If parents have joint custody:
- Calculate child support by subtracting the lower income parent’s child support obligation from the higher income parent’s child support obligation. The higher income parent pays the difference.
If a parent has primary or sole physical custody, the child support obligation is not the difference. Instead, child support is the amount calculated based on the obligor parent’s gross monthly income.
The State of Nevada provides an online Nevada Child Support Guidelines Calculator. A parent can use the calculator to estimate child support obligations under the new law effective February 1, 2020.
We understand that child support calculations can be confusing. Let the experts at Anthem Divorce Lawyers discuss your options with you. Contact us today for a consultation.
The court may adjust a child support obligation according to the specific needs of the child and the economic circumstances of the parties. Per NAC 425.150, the court bases adjustment upon the following factors and specific findings of fact:
- Any special educational needs of the child.
- The legal responsibility of the parties for the support of others.
- The value of services contributed by either party.
- Any public assistance paid to support the child.
- The cost of transportation of the child to and from visitation.
- The relative income of both households, so long as the adjustment does not exceed the total obligation of the other party.
- Any other necessary expenses for the benefit of the child.
- The obligor’s ability to pay.
Under NAC 425.130, “the court must consider the reasonable costs of child care paid by either or both parties and make an equitable division thereof."
Per NAC 425.135, every Nevada child support order must include a provision specifying:
- That medical support is required to be provided for the child.
- Any details relating to that requirement.
Medical support includes “the payment of a premium for accessible medical, vision or dental coverage under a plan of insurance.” This includes “a public plan such as Medicaid or a reduced-fee plan such as the Children’s Health Insurance Program, that is reasonable in cost.”
Parents may agree to a child support amount other than one calculated based on the Nevada child support guidelines. According to NAC 425.110(1), to be binding the stipulation must be in writing and:
- Set forth the current monthly gross income of each party.
- Specify what the child support obligation would be under the guidelines.
- Provide notice to both parties that, if either party seeks a review of the stipulated child support obligation for any authorized reason, the court will calculate the child support obligation in accordance with the child support guidelines in effect at the time of the review.
- Contain a certification by the obligee that he or she is not currently receiving public assistance and has not applied for public assistance.
- Certify that the basic needs of the child are met or exceeded by the stipulated child support obligation.
- Be approved and adopted as an order of the court.
Pursuant to NAC 425.110(2), the court may reject a stipulation if the court determines either of the following:
- That the stipulation is a product of coercion.
- The child support obligation does not meet the needs of the child.
Per NAC 425.170, unless otherwise authorized by law, “after a court has established a child support obligation any subsequent modification or adjustment of the child support obligation must be based upon a change in circumstances."
Once a court has issued a child support order, the failure to pay child support can have serious legal and criminal consequences. Past due child support payments accrue interest and penalties. An experienced family law attorney can assist you in enforcing a child support order.
Child support is an obligation of all parents. An experienced family law lawyer can help you navigate the complex process of calculating and enforcing child support obligations. Anthem Divorce Lawyers have the experience and knowledge necessary to handle your child support matters. Contact us today for a consultation.