Nevada Court Records
What is Child Support, and When does it Occur in Nevada?
Child support in Nevada is an ongoing payment that assists with children’s financial support. Typically, child support matters arise when a dissolution of marriage or divorce occurs between parents. According to state laws, the parents are required to cater for children through child support payments till they reach the age of majority. The primary requirements for child support in Nevada are the establishment of paternity and maternity, not marriage. Therefore, even unmarried parents can be entitled to child support.
These issues are governed by Child Support Laws and NAC 425 in Nevada. The state judiciary uses the formulas in these laws to calculate child support through the district court. The Nevada Department of Health and Human Services is the public agency tasked with enforcing child support obligations in Nevada.
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What is Nevada Child Support?
Child support in Nevada is based on an individual’s status as a parent. It is awarded to custodial parents to care for and protect the children’s standard of living after a divorce or separation. However, this payment is not based on marriage alone as parental status is not limited to married people.
According to state child support law, child support payments depend on the custody arrangement, gross income, and the number of children. However, child support payments are primarily awarded to parents with primary physical custody of the child. Parents that have primary custody are the individuals who live with the children for at least 60% of the time. Hence, in most cases, the non-residential parent who doesn’t spend as much time with the child usually pays child support. If the parents have joint custody, the parent with more gross income pays the child support.
What Does Child Support Cover in Nevada?
Nevada child support laws mandate that child support payments in Nevada should cover every expense incurred when addressing a child’s needs. As a result, it covers basic necessities such as housing, utilities, education, transportation, feeding, and extracurricular activities.
It also covers health care and medical expenses, but they are always allocated differently from other basic needs of the child. The court typically deducts a base support amount and then adds or removes the child’s reasonable healthcare expenses explicitly based on the child’s special needs, such as therapy, orthodontics, etc.
What is the Average Child Support Payment in Nevada?
In Nevada, the amount of child support paid in a family is determined by the child support formula defined in Nevada Revised Statute 125B.070. Based on this law, the non-custodial parent pays child support to the parent with custody. The formula determines these figures by combining the non-custodial parent’s gross income and the number of children involved. The gross income typically includes salary, bonuses, tips, royalties, wages, interest, investments, unemployment benefits, pensions, workers’ compensation, military and veterans’ benefits, commissions, etc.
Hence, the following percentages of the non-custodial parent’s income account for child support payments:
- One child = 18%
- Two children = 25%
- Three children = 29%
- Four children = 30%
- Each additional child = +2%
Although this is the standard means of determining child support payment, the amount may be more or less depending on the non-custodial parent’s income, the individual’s ability to pay, and if the children have any special needs.
How Do I Apply for Child Support in Nevada?
Before collecting child support in Nevada, interested and eligible parents must apply for child support through the Nevada child support office. They must download, print, and complete the Child Support application. After completing the application form, the parent must submit it to the child support office in person, via mail, or fax.
Interested parents are usually set up with caseworkers from the Nevada Department of Health and Human Services. These individuals guide the applicants through the process of obtaining a child support order, collecting child support payments, and even establishing paternity.
Unmarried parents or single mothers seeking child support are required to first establish paternity. To do this, they must provide information to locate the other parent and get them to conduct a DNA test.
For child support services rendered by the Nevada Department of Health and Human Services, applicants are required to pay $25 for filing. Other documents necessary to complete the filing process include:
- Valid photo identification such as driver’s r occupational license
- Proof of residency in Nevada such as rent receipt
- Children’s birth certificates
- Current locational information on the other parent
- Paternity results
- The social security information of parent and child
- Child support payment history if available.
- Divorce records etc.
The required documents may vary based on the circumstances surrounding the application.
How Do I Get Out of Paying Child Support in Nevada?
The only means of getting out of a child support order in Nevada is through a court order.
Legally, the child support payment can be terminated when the child is 18 years old, which the legal age of emancipation or majority in the state. However, if the child is still in high school at the time, the obligation may extend until the child graduates high school, reaches 19 years old.
Another means of getting out of child support is by modifying the court order. For example,
in situations where more than one child is included in the court order, the parents have to file a motion to modify the order when the oldest child reaches 18. The court order must then be adjusted only to include the unemancipated minors.
Additionally, parents can ask the court to modify an order if it has been in place for three years. The court will make these modifications to accommodate any change in income levels, state standards, or any other circumstances that directly impact the non-custodial parent’s ability to pay child support. This modification is necessary when a parent’s gross monthly income has changed by more than 20%.
Asides from emancipation, child support payments can cease legally when;
- Another family adopts the child
- The child receives considerable public assistance
- The emancipated child is no longer handicapped or disabled.
What is Back Child Support in Nevada?
Back child support in Nevada is the amount of child support that remains delinquent or unpaid by the non-custodial parent to the care-giver. It is also called child support arrears, and it is the portion of the court-ordered child support payment that is owed. When the non-custodial parent does not pay support, the Nevada Division of Welfare and Support Services collects the funds on behalf of the children and the custodial parent.
How do I Get Back Child Support Paid in Nevada?
A custodial parent in Nevada can get back child support from the non-custodial parent with the help of the state courts and the Child Support Enforcement Office. Nevada operates this office to help concerned parents establish, collect/enforce and pay child support orders, amongst other things.
According to state laws, paying child support is non-negotiable, and failure to oblige is a crime. Hence, if a non-custodial parent fails to pay child support, the individual is subject to state and federal child support enforcement measures. These include:
- Withholding child support from defaulting parent’s income.
- Intercepting income tax refunds.
- Reporting the defaulting parent to credit bureaus to reduce their credit score
- Revocation or suspension of driver’s, or occupational licenses.
- Denial or suspension of passport and applications.
In addition to the above, the custodial parent may file a contempt motion stating that the non-custodial parent has refused to make payment. Nevada Family Court Judges have zero tolerance for parents that refuse to pay court-ordered child support. Therefore, filing a contempt of court action may result in jail time.
The court will set a “show cause” hearing within four to six weeks, and the non-custodial parent will be required to appear. Failure to appear will cause the court to issue a warrant for their arrest. In cases where non-custodial parents live outside the state, they are legally required to make regular child support payments regardless of where they reside.
Is there a Nevada Statute of Limitations on Child Support?
According to Title 11 of the Nevada codes, the statute of limitation governs the time limit within which a custodial parent or care-giver can take legal action to collect a child support debt. If this limitation period expires, it becomes impossible to recover the debt through legal action.
Therefore, if a court in Nevada issues a child support order, there is no limitation on the time or period in which legal action can be taken. That is, provided there is a court order affirming child support for a child or children, the custodial parent can enforce payment on the child support amount’s arrearages and even seek reimbursement of public assistance funds for the child at any time. However, if the court order does not exist, child support arrears for a period of 4 years may be requested or enforced.