Do You Need a Lawyer for a Nevada Child Support Case?
Child support laws and rules are extremely complicated. While you are not required to have a lawyer represent you in a Nevada child support case, legal representation can be beneficial in many situations. In the discussion that follows, Las Vegas child support lawyer Joseph Gersten explains the basic rules about child support and how an attorney might be able to help you. If you are entitled to receive or obligated to pay child support, you can schedule a free initial consultation to get a case evaluation from The Gersten Law Firm.
Nevada Child Support Law and Rules: The Basics
Laws in the State of Nevada impose an obligation on parents to provide equivalent financial support for a child until the child reaches the age of 18 years (19 years for a child still in high school). The support obligation is gender neutral and requires both parents to provide the child with the necessary financial means, healthcare, education, and support.
Generally, the amount of child support is based on the earnings, income, and other evidence of ability to pay for the person obligated to pay support. State regulations establish formulas that calculate amounts presumed to meet a child’s needs, which are reflected in a free online guideline calculator supported by The Nevada Division of Welfare and Supportive Services (DWSS).
These presumptive amounts can be rebutted by evidence that demonstrates that the calculated amount does not meet the needs of a particular child or that the calculated amount exceeds a child’s needs. Other factors — such as joint custody, or incarceration or unemployment of the person obligated to pay support — also may affect a child support obligation. If your situation includes any issues that should be taken into account in determining child support, representation by an experienced child support lawyer is strongly recommended. Collecting the necessary child support evidence and effectively presenting it to the court requires assistance from a knowledgeable attorney.
In addition, the statutes and guidelines establish presumptive maximum amounts of child support in connection with the obligation of low-income support payers. The amounts are based on the federal poverty guidelines and the number of children supported. Nevada courts update the amounts annually. The 2024 chart is currently available online.
Parental Agreement on Child Support
Nevada allows the parents of a child to enter into an agreement relating to the child support obligations of the paying parent. Negotiating an agreement is usually preferable to having support decided by a court in an adversary proceeding. However, it is essential for a parent considering a support agreement to consult with a child support attorney before consenting to a specific arrangement. A support agreement — also referred to as a stipulation — must be approved by the court and is required to meet specific guidelines in order to be valid. When the court approves a stipulation, the agreement is adopted as an order of the court.
A court may reject a proposed stipulation if it does not comply with the guidelines, or if the judge believes that the agreement is the result of coercion or does not meet the needs of the child. If the court does not approve a stipulation or the parties cannot agree, the judge determines the amount of support according to specific guidelines established by Nevada law and regulations.
Benefits of Legal Representation in a Nevada Child Support Case
Due to the complexity of the Nevada child support laws, regulations, and guidelines, a parent involved in a child support case substantially benefits from being represented by an experienced child support lawyer in a child support case.
Before you even get to the stage of presenting a support case to the court, your lawyer helps determine the appropriate level of support based on the myriad of legal requirements and all the important facts that apply to your specific situation. In circumstances where parents may be able to agree to support, your attorney helps negotiate with the other parent’s lawyer to secure an agreement with terms that fully protect your rights and interests, is as favorable to you as possible, and complies with the legal guidelines that apply to stipulations.
Whether parents can agree to the amount of child support or the court determines the support obligation, evidence presented to the court by each parent plays a significant role in the final decision of the court. Compilation and presentation of evidence in any court proceeding — and responding to evidence presented by the other parent — requires not only knowledge of the applicable legal requirements but also an understanding of the court rules that apply to evidence production. In both respects, an attorney has the necessary knowledge and skills.
Legal representation in a child support case gives you the best chance of ensuring that the court fully accounts for all the details of the circumstances in your case before making a decision. Most importantly, not having a lawyer can make a significant difference in the outcome of a child support case.
Schedule a Free Consultation With an Experienced Las Vegas Child Support Lawyer
At The Gersten Law Firm, we assist clients with all family law matters, including child support. Las Vegas family law attorney Joseph Gersten understands the sensitivity and emotional aspects of child support matters. He approaches every case with compassion and understanding, as well as dedication to protecting the interests and rights of the client.
The Gersten Law Firm does not charge for your initial consultation. We serve clients in Las Vegas, Henderson, and elsewhere in Clark County. Call us at 702.857.8777 or complete our online form to schedule an appointment.
