How Does a Court Determine Child Support in Las Vegas?
The State of Nevada requires both parents of a child under the age of 18 years to provide support for the child’s necessary needs, including health care, education, maintenance. Complex laws and regulations govern determination of the amount of support. If you are a parent entitled to support or a parent obligated to pay support, retaining an experienced child support lawyer can make a significant difference in the amount of child support a Las Vegas court determines to be appropriate, due to the wide range of factors that apply.
Nevada Child Support Guidelines
Effective February 1, 2020, Nevada implemented new regulations, called the Nevada Child Support Guidelines, for determining the amount of a parent’s child support obligation. The guidelines provide a mathematical calculation based on a parent’s gross income, which is presumed to meet the basic needs of a child. However, the presumption can be rebutted by presenting evidence to the court that establishes the need for a different amount of child support.
For the base calculation, the guidelines set up a schedule of percentages based on the number of children, which are applied to a parent’s monthly gross income to determine the amount of support. Monthly gross income is defined in the guidelines in expansive detail, with specification of what is and is not included in monthly gross income for purposes of calculating support. Our previous blog post, What Counts as Income Under the 2020 Nevada Child Support Rules?, explains the definition in detail.
The support guidelines recognize that the calculation alone does not provide the right amount of child support in all circumstances. The guidelines allow a party to rebut the base support amount by presenting evidence demonstrating that the amount determined by applying the guidelines does not meet a specific child’s needs. A court can adjust the amount of the child support obligation based on the economic circumstances of the parties and the specific needs of a child.
The guidelines also address the role of custody in the child support obligation. Whether one parent has physical custody or the parents have joint physical custody, the guidelines govern how custody affects the final support obligation.
Deviations From the Child Support Calculation
In determining the amount of child support in a particular case, a court begins with the base calculation, but the judge has authority to deviate from the standard support amount when it does not meet a child’s needs. To support or oppose deviations, one or both parents may provide facts and evidence for the judge’s review and consideration. Obtaining or opposing deviations are among the important reasons that a parent should have legal representation in a child support proceeding.
The enumerated criteria for a judge to use in deviating from the standard support guidelines include:
- Special education needs of the child
- Legal responsibility of the parties to support others
- Value of services contributed by either party
- Public assistance paid to support the child
- Transportation costs of the child for visitation
- Relative income of both households
- Other necessary expenses that benefit the child
- The obligor’s ability to pay
The judge may utilize any of these factors to increase or decrease the support obligation amount. If the judge changes the support amount, the court must provide findings of fact that include the child support obligation that would have been set under the guidelines and the basis for deviation from the guidelines. Evidence presented to the court by the parties is a critical element of supporting a deviation.
Child Support Agreement Between the Parents
Parents of a child may be able to agree on the amount of child support, but the agreement must be in writing and comply with specific requirements in the guidelines. The stipulation must be submitted to the court for approval and adopted as an order of the court.
When the parties present a child support agreement to the court, the judge is not required to approve the agreement. If the court determines that the agreement does not meet the needs of the child or was coerced, the support obligation may be determined by the judge in accordance with the guidelines and evidence presented in court.
When a court considers the issue of child support, a parent benefits significantly from having a lawyer help with navigating the complex statutory provisions on child support and the child support guidelines, whether the parent is the party receiving or paying support. Having legal representation makes certain that the rights and interests of the parent are protected throughout the process, ensures that a child support agreement complies with the guidelines, and substantially improves the chances of securing court approval of an agreement.
Schedule a Free Consultation with an Experienced Las Vegas Child Support Attorney
If you face child support issues in Las Vegas, Henderson, or elsewhere in Clark County, Las Vegas family law attorney Joseph Gersten is here to help. Attorney Gersten understands the difficulty and emotional stress that accompanies any legal matter relating to children. He evaluates your case based on his extensive experience and protects your rights and interests throughout the legal process.
Your initial consultation is always free at The Gersten Law Firm. Call 702.857.8777 or complete our online form to schedule an appointment.
