How Can a Family Law Attorney Help With Child Support Issues?

Laws and regulations in the State of Nevada impose a legal obligation on both parents to provide support for a child under the age of 18, or under the age of 19 for a child still in high school. The obligation is gender neutral and requires both parents to provide the necessary financial means, healthcare, education, and support for the child. The support rules are extremely complex. If you are a parent entitled to receive child support or obligated to pay child support, you can benefit significantly from legal representation by an experienced Nevada child support lawyer.

Summary of Nevada Child Support Law and Regulations

State law and regulations require parents to provide equivalent financial support for a child.  The amount of support is based on the earnings, income, and other evidence of ability to pay of the person obligated to pay support. The regulations establish mathematical formulas that are used to calculate amounts presumed to meet a child’s financial needs.

However, the calculated presumptive amount can be rebutted by evidence that proves that the calculated amount exceeds the needs of a particular child or does not meet the child’s needs. Assistance from knowledgeable legal counsel is essential to overcome the calculated support amounts, since the evidence must be compiled and presented to a court in order to request a change in the support amount.

Representation by a lawyer gives a parent the best chance of making certain that a judge fully takes into account all the circumstances and details of the case before making a decision on the amount of child support. If a parent does not have legal counsel, the lack of representation can make a significant difference in the outcome of a child support case.

Deviations From the Child Support Calculation

When a Nevada court determines the amount of child support in a specific case, the judge starts with the base mathematical calculation. However, the judge has the authority to deviate from the standard support amount if it does not meet the child’s needs.

To request or oppose deviations to the calculated amount of support, one or both parents may provide facts and evidence for the judge’s consideration. Collection and presentation of this type of evidence is one of the most important roles of a lawyer representing a parent in a child support proceeding.

Under the laws and guidelines, there are specific criteria for a court to use in determining whether to deviate from the standard child support calculation, which may include, but are not limited to:

• Cost of health insurance
•  Cost of child care
• Special educational needs of the child
• Age of the child
• Value of services contributed by either parent
• Responsibility of the parents for supporting others
• Public assistance paid to support the child
• Transportation costs for the child to and from visitation
• The relative income of both parents

Other factors, such as custody arrangements, incarceration, or unemployment, may also affect the child support amount in some cases.

Child Support Agreement Between the Parents

Nevada allows the parents of a child to enter into an agreement that specifies the amount of the child support obligation of the paying parent. In many cases, negotiating an agreement is preferable to having a judge decide child support in an adversary proceeding in court. However, a parent considering a child support agreement should consult with a child support attorney before making an agreement with the other parent. The legal representatives of the parents should be involved in negotiation of the agreement.

A child support agreement (or stipulation) must be approved by the court and must meet specific guidelines in order to be valid. If the stipulation does not meet the guidelines, or the judge believes that it does not meet the needs of the child or is the result of coercion, the court may reject a proposed child support agreement. If the court does not approve the agreement, and the parents cannot reach an agreement, the judge will determine the amount of support based on the guidelines in Nevada law and regulations.

Having legal counsel in a child support case ensures that a parent has the best chance of presenting all the relevant evidence to the court and effectively responding to evidence and claims presented by the other parent. Whether a parent is entitled to receive support or pay support, representation by legal counsel is the best approach for getting a result that takes all the important information into account.

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 approaches every case with compassion and understanding. He is always dedicated 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 contact us to schedule an appointment.