The amount of child support is set by statute, NRS § 125B.070. The amount is a sum certain corresponding to a percent of the parent’s gross monthly income:
This child support amount is limited by the presumption amounts set out in NRS § 125B.070(1)(b). In addition, the presumptive amount set forth in under NRS § 125B.070(1)(b) can be rebutted with evidence that the amount is not enough to meet the needs of that particular child. NRS § 125B.080(5). 12 specific factors which the court must consider to deviate from the formula are set forth in NRS § 125B.080(9). The factor most commonly used to deviate from the presumptive maximum amount is for the private school tuition (“educational expense”) of the child.
Modification of Child Support
A court order for child support can be modified once every three (3) years (NRS § 125B.145(1)) or at any time in the event of a “changed circumstance” (NRS § 125B.145(4)). A “changed circumstance” that may allow an upward modification of child support is an increase in the non-custodial spouse’s gross monthly income by twenty percent (20%) or more. The court will allow child support obligations to be modified without a finding of changed circumstances to comply with the statutory formula set forth in NRS § 125B.070(1)(b).
Enforcement of Child Support
Should a spouse become delinquent in payment of his/her child support obligation, the other spouse may reduce the amount of nonpayment to judgment and the court is required to award, in addition to the unpaid child support, the following:
i) Interest on the unpaid amount. NRS § 125B.140(2)(c);
ii) A ten percent (10%) penalty per year. NRS § 125B.095.
In addition, the court may award the spouse seeking recovery of unpaid child
support his/her attorneys’ fees and costs. NRS § 125B.140(2)(c), § 125.130(1),
and § 22.010(3).
Other Issues in Divorce and Family Law: