Nevada couples know what a painful and emotional experience a divorce is. If children are involved, child support complicates the situation even further.
Child support is a financial contribution by one parent to help support his or her child. In Nevada, child support is required until the child is emancipated. The normal emancipation age is 18, although if a child is still in high school emancipation may not occur until age 19.
The main factor when determining custody is the best interest of the child. Joint physical custody is granted if the court determines this is in the child's best interest. Once custody is determined, child support is calculated.
Nevada uses the "income shares" method when calculating child support. This means calculations are made based upon a parent's gross monthly income. Gross monthly income is the amount of income a parent earns before taxes and other deductions are withheld.
The minimum amount of child support that may be awarded is $100 per month per child. This amount is reduced only upon a written finding that the parent cannot pay the minimum amount.
There are different calculations for primary physical custody and joint physical custody. The primary physical custody calculation is as follows:
A two percent increase is imposed for each additional child. Joint physical custody is calculated in two steps:
The higher income parent pays the amount from step two. If necessary, the presumptive maximum is applied. The presumptive maximum is based on income and is adjusted on the first of July of each year.
Child support may be adjusted if a parent shows by clear and convincing evidence that the child's needs are not met by applying the standard formula. Several factors are considered when determining whether or not to adjust child support including:
Any other necessary expenses for the child are also considered. Additionally, any other legal responsibility parents have for support of others may be examined by the court.
Divorcing Nevada couples with children can benefit from an experienced family law attorney. The attorney can provide valuable information and assist with determining any child custody or support issues.