Under NRS 125B, a parent with “primary physical custody” of a child has a right to child support payments. A parent has primary physical custody if the child lives with that parent at least 61% of the time. The other parent is known as a “non-custodial” parent. The non-custodial parent is the one who must usually pay child support. If each parent has the child at least 40% of the time the parents have “joint custody.” There is a special rule for child support in joint custody cases, as discussed below.

Child support has nothing to do with marriage. It is based solely on one’s status as a parent. Being a parent is not limited to married people. It is not even biology that determines whether you are a parent. Same-sex couples can be parents in Nevada. And in some cases, partners can agree to be parents. It is important to retain an experienced child support attorney in Nevada to help you navigate these issues.

Child support in Nevada varies depending on: How many children are receiving support, and The “non-custodial” parent’s gross monthly income.“ Gross monthly income” means the parent’s pre-tax income from all sources, including: Salary, Tips, Commissions, Bonuses, Royalties, Investment income, Rental income, Interest, and Alimony from a prior marriage. If the parent is self-employed, he or she can deduct legitimate business expenses from the calculation of gross income.

The court can increase the amount of child support a parent owes. It can do this if the parent with custody needs more for: Health insurance; Child care; Special educational needs; Special services that the parent with custody contributes; The costs of transporting the child to the other parent for visitation rights; Public assistance paid to support the child; or Any other necessary expenses for the benefit of the child. But both parents are equally responsible for health care expenses not reimbursed from another source. The exception is if there are extraordinary circumstances.

The court may order less child support than the statute calls for based on :A parent’s legal responsibility for the support of others; The amount of time the child spends with each parent; and/or The relative income of both parents.

Sometimes parents share joint custody of their children. Joint custody exists when each parent has physical custody of a child at least 40% of the time. When there is joint custody each parent must support the children. In the interest of fairness, the parent making more money must pay support to the parent making less. Nevada courts calculate this difference using a formula called the Wright v. Osburn offset. The calculation is straightforward. Simply take the amount each parent would owe if they did not have custody. Then subtract the smaller amount from the larger one. The parent who earns more must pay this difference to the one who earns less.

Once a court enters a child support order, it can be costly and difficult to change it. If you are the parent receiving support, a lawyer can help ensure you receive the maximum your child deserves. And if you are the one paying support, a lawyer can make sure you don’t pay more than you are legally required or willing to. An experienced Las Vegas child support lawyer can also help you: Obtain custody of your children or modify a child custody order, Enforce your visitation rights ,Get reimbursement for your child’s unpaid medical bills, or Enforce a court order for unpaid child support. Contact our team today for a free child support consultation and let us fight for your family and rights!