Child Support Determinations Can Be Complex In High Asset Divorces


Child support payments are intended to provide funds to help the non-custodial parent financially care for a couple's children when the couple is separated or divorced, because the non-custodial parent typically incurs more of the child care expenses.

In a divorce proceeding for a low- or middle-income family, child support decisions are largely standard mathematical calculations; Nevada statutes establish presumptive minimum and maximum amounts, and provide a schedule for what percentage of the non-custodial parent's income will be paid in child support. The standard percentage changes, depending on the number of children being supported.

In high net worth divorces, however, the standard formulaic approach doesn't work well, so additional factors need to be considered. When a child is used to a certain standard of living, the courts will look at whether a proposed child support payment will be sufficient to allow for the continuation of that standard. Another consideration in high net worth divorces is that the parents often pay additional expenses for their children, including things like the cost of tuition for private education, life and health insurance, medical and dental care, and often plan to pay for their children's college education.

When reviewing a request to deviate from statutory child support payments, courts will assess whether the proposed payment amount is fair and makes a reasonable allocation of the children's expenses between the parents.

In the event the non-custodial parent does not comply with the support order, the custodial parent can ask the courts to enforce the order. Of course, Nevada law recognizes that situations can change after a child support order has been entered. Support orders are not carved in stone, and couples often work with lawyers to modify the orders if doing so is necessary or otherwise appropriate based on changed circumstances for the parents.

Child support in Nevada can be particularly complex in high asset divorce situations, so the parties should consult with experienced legal counsel to protect their interests, and their children's interests.


Share To: