This is the next article in my series meant to help Las Vegas parents to better understand Nevada’s child custody laws. My last post discussed how child custody is determined in our state. Nevada is a state which presumes that parents should have joint custody of children. The Court, however, will vary from this presumption if doing so is in the best interest of the child. Establishing what is, and what is not, in the best interest of a child can involve complicated issues and it is suggested that you retain an experienced attorney. This article will discuss how child custody is determined after the establishment of custody. If you are in need of assistance then contact my office today to speak with a lawyer.
A Nevada child support award depends on the custody arrangement and income of each parent
The first step in determining a Nevada child support obligation is to determine the gross monthly income of each parent. This includes all income earned from wages, business profits, investment income, government payments, and more. Income does not have to be taxable for it to be included in this calculation. The second step in the process is to determine which party is considered as being responsible for paying support. If one parent has primary custody, then the custodial parent will be the paying party. If the parents share joint custody, then each party is considered to be responsible for payments and their respective child support obligations will be offset against each other. A party’s monthly obligations will be a percentage of their gross income. These percentages are as follows if the parties have one child in common:
- Sixteen percent of the first $6,000 of gross monthly income
- Eight percent of gross monthly income between $6,001 and $10,000
- Four percent of income in excess of $10,000
It is important to note that these percentages will change if the parties have more than one child. Also, the Court can grant a deviation from these percentages on several different grounds.
The foregoing is best explained by example. Suppose Jack and Jill have joint custody of their one child. Jill makes $5,000 per month and Jack makes $8,000 per month. The parties’ will have offset obligations since they share joint custody. Jill is responsible for paying $800 per month in support ($5,000 * 16%). Jack is responsible for paying $1,120 per month ($6,000 * 16% + $2,000 * 8%). This means that Jack must pay Jill $220 per month ($1,020 – $800). If, on the other hand, Jill has primary custody then Jack will have an obligation of $1,120. This is before any adjustments the Court may make for Jack having children from prior relationships, or other considerations.
Las Vegas Judges will impute income if they consider a parent to be “underemployed”
If a parent is intentionally taking actions which lower their income then the Court may consider them to be “underemployed.” If the Judge feels that the paying parent is earning less than their potential income then the Court may require them to pay child support as if they were earning that income. An example of this would be a parent who quits a high paying job to “take time off.” Under such a scenario, the Court may require that they continue to pay support as if they had not quit. Other examples can include a parent switching jobs for other reasons and taking a pay cut as a result. Whether or not the Court will consider a parent to be underemployed will depend on a wide range of factors. How the Court will decide the issue will always depend on the specifics of the case.
If you or a family member are in need of assistance then contact my office today to speak with a Las Vegas child support lawyer. I practice solely in the area of family law and I understand that time is of the essence in such matters. I look forward to speaking with you.