Child Support in Nevada
When parents separate, each parent has an obligation to financially support their child.
Commonly a child lives with the primary caregiver. To balance the time and effort set forth by
the primary caregiver the noncustodial parent will provide financial restitution in the form of
child support. Child support is used primarily for the health and education of the child. Child
support calculations are based on the noncustodial parent’s monthly gross income. The outlines
for obligation regarding child support may be found in the Nevada Revised Statutes (NRS)
section 125. There are always variations and exceptions that may be seen in recent case law.
In the case of
Rivero v. Rivero there was no agreement for child support in the original
divorce decree. Here we see Ms. Rivero appeal to the court for child support because she felt as
though Mr. Rivero was not spending an adequate amount of time with their child. The court
declined to modify the original agreement since there was no evidence to support Ms. Rivero’s
claims.
Additional circumstances will occasionally warrant a decision to be overturned or a child
support agreement to be amended. One example of this is if payments were not calculated using
the provisions in NRS 125B.070. In Khaldy v. Khaldy a child support agreement was changed to
adhere to the correct statutory guidelines. Here we see payments recalculated because they were
not in line with the statutory guidelines set forth.
Calculation of child support under NRS 125B.070 states: "(b) `Obligation of support'
means the amount determined according to the following schedule: (1) For one child, 18 percent
... of a parent's gross monthly income." The amount varies based on the age of the child, the
number of children requiring support and the parent’s gross monthly income. If a parent’s
circumstances change, they may file a request for review. Subsequently, child support
calculations are reviewed every three years.
Factors taken into consideration are set forth under NRS 125B.080(9). These factors are
listed as health insurance, child care, educational needs, age, the responsibility of the parents for
the support of others, services contributed by either parent, public assistance payments,
expenses related to pregnancy, transportation costs, time spent with each parent, any other
necessary expenses; and the relative income of both parents. Using these guidelines Nevada
courts calculate payments awarded to a custodial parent. Although payments are sometimes
abused it is assumed that they are being used for the best interest of the child.
- Sarah Hart