We are happy to announce the launch of our new website! With a fresh new look and easy navigation, we hope to provide you with the information you need quickly and easily. Browse our site to find out more about our firm, our services and what makes us different. Check back soon for our latest blog posts on industry related topics and events. If you cannot find something or have suggestions on new information or blog topics, please share your →
Child and Custody Support
Child and Custody Support
When determining child custody issues, the Court takes into account what is in the best interest of the child above all else. Some factors taken into account in making this decision include, but are not limited to, stability and environment of the household, prior domestic violence and other criminal convictions, and drug or alcohol abuse. Each parent may be evaluated by the Court in order to make this determination.
Generally, child support is at least $100 with a scaled maximum based upon income, per child per month awarded to the parent who has primary physical custody of the minor child. However, the courts usually follow the formula below to determine the exact entitlement of the custodial parent (subject to a presumed statutory cap).
- 1 child: 18% of the non-custodial parent’s gross monthly income
- 2 children: 25% of the non-custodial parent’s gross monthly income
- 3 children: 29% of the non-custodial parent’s gross monthly income
- add 2% for each additional child.
The Court does have the authority to change the above amounts to allow for other financial considerations of the non-custodial parent, i.e., daycare costs, insurance, support of other children, etc., but the Court must provide rationale for this change in its order.
Nevada Courts will review and adjust (if needed) your Child Support Agreement at least every three years at your request, or sooner if significant changes occur in your life or the life of your child or ex-spouse.
If there is a question as to who the father of a minor child is, then a paternity suit may be brought by the child, the child’s natural mother, or “an interested third party” (such as a guardian) to declare the existence or nonexistence of the father-child relationship.
A court may terminate parental rights for the following reasons: abandonment of the child; neglect of the child; unfitness of the parent; failure of parental adjustment; or risk of serious physical, mental or emotional injury to the child. A court may also terminate parental rights if the parent exhibits only “token efforts” to support, communicate with, prevent neglect to, or eliminate the risk of physical, mental or emotional injury to the child. The primary consideration in determining whether to terminate parental rights is “whether the best interests of the child will be served by the termination.”
If you are an abused spouse going through a divorce, a court can place a restraining order or an injunction upon the parties which essentially orders those parties not to interfere with each other, nor to interfere with the custody or visitation rights of either of the parties.
If you have an award of child support issued from any state other than Nevada, you may pursue the enforcement of your award through a government child support enforcement office whether across state lines or locally, for a minimal fee. Nevada’s child support enforcement office can be reached through the Family Support Division of your local District Attorney’s office.
While entitlement to Spousal Support is not specifically outlined in the Nevada Statutes, the Court will make a determination regarding entitlement
based on several factors: the length of marriage, the earning capacity of each spouse with or without education, how long the requestor has been out of the work force, etc. You may be entitled to temporary spousal support during the pendency of your divorce case.
Whether it is a contested divorce, uncontested divorce, child custody, child support, or any other kind of family law issue you are facing, the experienced attorneys at Jeffrey S. Posin and Associates will fight for your rights. Call Jeffrey S. Posin and Associates and talk to an attorney before you take any action that may compromise your rights.