Child Support Lawyer in Las Vegas
Parents have a financial obligation to their children that can continue even if the parent no longer resides with them. In Nevada, NRS 125B – Obligation of Support is the statute used to determine child support obligations in situations involving divorce and paternity. A child support lawyer in Las Vegas can help to educate you in this extremely complex yet highly important area of the law and provide legal representation to ensure your rights are protected.
Areas in Which a Child Support Lawyer Can Assist You
- Obtaining an initial child support order — If you believe the parent of your child is obligated to make child support payments to you, an attorney can help you with the filing process. In Las Vegas, this means filing a Motion for Paternity and Custody, if the parents are not married. If the parents are married, child custody will be handled through the divorce process.
- Calculating payments — The amount of child support payment is calculated based on a rather complicated support formula that considers a variety of factors such as the number of children, type of child custody arrangement and gross income. Your child support lawyer can help you with the calculation and ensure the judge in your case has performed the calculation correctly should your case go to trial.
- Modifying payments — Financial circumstances can change: a job change or health issues can have a significant impact on the ability of you or the other parent to make support payments. Your child support attorney can guide you through the process of petitioning the court to modify an existing child support agreement.
- Enforcement and collection — If the other parent is refusing to fulfill his/her financial obligation or has fallen behind on court-mandated child support payments, your child support lawyer can help you take the appropriate legal steps to ensure the agreement is enforced. You may also choose to submit an application with the Clark County Child Support Enforcement division of the Office of the Clark County District Attorney.
Custody Issues Which May Impact Your Case
Family law in Nevada is subject to change, and these changes can have a significant impact on child support and child custody in Las Vegas. Your attorney can educate you regarding recent important rulings such as:
- Rivero v. Rivero — Stipulates that joint physical custody applies when the parents time share is no greater than 60/40 time share basis. If either parent has 60% or more time share then the courts have determined that parent has joint custody.
- Wright v. Osburn — Mandates that in joint custody situations, the child support formula will be calculated by offsetting the incomes of the parents. For example, in a primary custody situation with one child, the parent who doesn't have primary custody will pay 18% of their gross income as child support. If the situation was joint custody, child support would be calculated which each parent calculating 18% of their gross income, and the higher-earning parent pays the difference to the other parent.