Simple Divorce Advice

By Stacy Rocheleau

Nevada law requires each parent provide for the care and financial needs of their children. The parent who is granted custody of the children will receive child support payments from the other parent. The obligor, who is the parent paying child support, will continue to pay the obligee until the child(ren) reaches the age of 18 or the age of 19 if the child remains in high school.

The court determines the amount of child support to be paid by looking at the parent’s ability to provide for the children as well as the child’s needs. The court will determine child support by comparing several factors including, but not limited to:
• The income of both parents
• How much time the child spends with each parent in their home
• How many children require support
• The amount of time the non-custodial parent spends with the children
• The needs of the child such as daycare

La Vegas courts make it possible for parents to agree on child support by entering into a stipulation. A stipulation is a contractual agreement by both parties that a certain amount of support will be paid. If the two of you agree on the amount, the court must approve it. Anything that is agreed upon between the two of you outside of the court’s order will not be enforceable.

Court ordered child support is a “debt” that does not go away. In the event the obligor is unable to pay, due to job loss or another unforeseen circumstance, the amount of court ordered support continues to be due and continues to accrue over time. This is also not a “debt” that can be discharged through bankruptcy.

Modifying Child Support

Although child support will be in effect until your child reaches the age of majority, it is possible to modify a child support order if a substantial need arises. In Las Vegas, Nevada, the court will typically review the child support order every three years. However, it is possible to request a modification if you can show there is a significant change in circumstances. One party may wish to either increase or decrease the amount of child support. The obligee may ask for an increase whereas the obligor could ask for a decrease. You must request a modification through the court that originally ordered the support. The court will review the obligor’s current ability to pay. To change the current order, a change in circumstance may include:
• Change in custody
• Shared Custody
• 20% increase or decrease in income
• Loss of work
• Unexpected educational or medical costs
• Availability of insurance
• Disabled child

If your life has significantly changed, you may be entitled to a modification in your support. It is important to understand that until the court grants the modification of child support, the obligor is still responsible for current payments due.

About the Author : Stacy Rocheleau is the owner of Rocheleau Law. Rocheleau Law practices primarily divorce and injury law. She graduated from Whittier College with a Bachelor’s Degree in Business Administration and received her Doctorate of Jurisprudence from the University of San Diego Law School. She is a member of the Clark County Bar Association, the Southern Nevada Association of Women Attorneys, and National Association of Women Business Owners and named a “Who’s Who” by In Business in 2006. Stacy can be reached at 702-914-0400 or www.rocheleaulaw.com.

View original: Child Support Obligations in Nevada

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