Parents have an obligation to contribute to their child’s support and upbringing. Nevada law sets out very specific guidelines regarding child support payments based on factors including, but not limited to, number of children, disposable income of each parent, and parenting time. If you are the non-custodial parent paying child support, don’t wait until the court holds you in contempt for failing to abide by the terms of your divorce settlement or court order. This is a time to be proactive. Reno child support lawyer Gloria Petroni helps clients throughout Nevada establish workable child support arrangements. Her firm also offers experienced legal counsel in modification and enforcement of standing orders of support. Contact us today at 775-420-4221 for a consultation.
Nevada Child Support Calculation
Child support in Nevada is governed by NRS 125B. Basically, the court must first determine the parties’ gross monthly income (pre-tax) and then set child support accordingly based on either a joint physical custody scenario or a primary physical custody scenario. If one parent has primary physical custody, the mathematical formula is based on the paying parent’s gross income. If the parents share joint physical custody, the formula is based upon the difference between the two child support percentages, and then the cap is applied. Joint physical custody requires the parent with less time to have at least 40% of the time or it will not be deemed joint custody. There are cases construing how the 40% is calculated. NRS 125B states:
“Gross monthly income” means the total amount of income received each month from any source of a person who is not self-employed or the gross income from any source of a self-employed person, after deduction of all legitimate business expenses, but without deduction for personal income taxes, contributions for retirement benefits, contributions to a pension or for any other personal expenses.
“Obligation for support” means the sum certain dollar amount determined according to the following schedule:
- For one child, 18 percent;
- For two children, 25 percent;
- For three children, 29 percent;
- For four children, 31 percent; and
- For each additional child, an additional 2 percent, of a parent’s gross monthly income. Nevada has caps for child support based upon the payor’s income.
This final calculation determines how much a non-custodial parent will be required to pay the custodial parent in child support. Calculating child support payments is difficult without a skilled and experienced Reno child support lawyer. Family Law Attorney Gloria Petroni will explain the child support guidelines, and how the process of paying and receiving child support works in Nevada. There are also factors which also allow for deviation up or down from the formula such as the cost of health insurance, day care expenses, tutoring child support payments for other children, special medical needs and extra curricular activity costs.
Failure to pay child support can impact your credit history, result in garnishment of wages, loss of your driver’s license and/or passport, and possibly even jail time. In extreme cases, the state may act to seize certain assets or property. Individuals who fail to pay child support run the risk of encountering legal and financial difficulty later.
In Reno, child support cases are handled by the Child Support Enforcement Program (CSE) through the Division of Welfare and Supportive Services. If you are eligible, you may be able to receive services which help you establish the paternity of your children. Establishing paternity is important. It can help a child from knowing the identity of his or her biological father. This can benefit a child for many reasons such as:
- Parent-child relationship
- Sense of identity
- Veterans, social security, inheritance, insurance benefits
- Medical history
- Financial support
Parents confronted with divorce need a knowledgeable Reno child support lawyer to help them navigate complex Nevada child support laws, and ensure support arrangements are fair based on income and need. Please contact attorney Gloria Petroni today at to discuss your child support questions. Attorney Petroni will help you understand the legal issues involved in your case.