Recently, the state of Nevada made modifications to the child support law, specifically, child support calculations, support agreements between the parties, unemployment or underemployment circumstances and modifications to support orders. Nevada law imposes an obligation on the parents of a child to provide necessary support, health care, education, and maintenance. This duty exists for every child under age eighteen (18) or still in high school until the age of 19. Even if the parents agree on the amount of support, the agreement is subject to specific statutory and regulatory provisions and court review. To have an existing agreement reviewed by the court, or an agreement modified, there must be a significant change to a party’s financial circumstances, including a decrease or complete loss of income.
New Child Support Calculation
As of February 1, 2020, the regulations set revised guidelines for the calculation of a child support obligation. The calculation is presumed to meet the basic needs of a child, but the presumption may be rebutted by evidence.
These new law changes are changing the way in which child support payments are now calculated going forward. The new law removes the presumptive maximum child support amount, which capped child support awards, and decreases the amount of support for lower and middle-income earners
The new tiered calculations are based upon gross income up to $6,000, then up to $10,000, then all income over $10,000 per month. For example, one child would require a non-custodial parent to pay 16% of his gross income for the first $6,000 earned, an additional 8% on every dollar made between $6,000 and $10,000, and 4% on every dollar made above $10,000 without limitation. For parties with joint physical custody, child support is based upon the difference between the respective obligations of each party.
An important thing to note is that despite this new law change, child support modifications will still require either a change in custody or a 20% change in income. The child support regulations state that a support order “must be based on the payer’s earnings, income and other evidence of ability to pay.” For purposes of a child support obligation, the party with primary custody is the payee, and the other party is the payor.
Contact Petroni Law Group with any questions regarding the change in child support law or a modification to an agreement. We can be reached at 775-420-4221 or email@example.com.