Deviating From The Child Support Formula In Nevada
In the state of Nevada, a statutory formula prescribes the amount of child support that either parent is required to pay. “Statutory” refers to a law that Nevada’s state legislature has made.
They are laws that attorneys and judges are required to follow. The formula for child support is contained in NRS 125B.070 (Nevada Revised Statute). Or the child supports an online calculator that our team of highly skilled divorce lawyers has created. However, sometimes it is necessary to alter child support.
It is assumed that the child support formula will be sufficient for the needs of children. However, under certain circumstances, a skilled divorce attorney can ask for the standard calculation to be changed. Judges only have limited abilities to change or “deviate” the support amount, from the provided child support guidelines. NRS 125B.080 details under which circumstances the standard calculation can be changed.
Typical Situations Where Deviating Child Support Occurs
There are a total of nine circumstances where a judge can decide to deviate from or make changes to Nevada’s standard child support formula. In those situations, deviations still are exceptions and not the rule. If you have a dedicated and experienced team of divorce lawyers, they can help you obtain these exceptions.
1. Health insurance costs
When a parent pays the health insurance premiums of their child, then the parent is able to deduct fifty percent of the premium at least from her or his payment. Both parents are required to cover their child’s medical expenses. Also, the amount of child support that you receive can be increased due to healthcare expenses.
2. Child care costs
Child care can be quite expensive. If the parent who pays support also pays for child care, then that amount can be deducted from their overall support obligation. On the other hand, if the parent who receives support pays for child care, then they might get a higher amount of support. However, judges don’t always consider a relative watching the children as a child care expense. It will depend on what the real out-out-of-pocket child care expenses are.
3. A child’s special needs
This reason is the most common one for asking for an increase in child support. Special needs children might need a special diet, transportation, medical care, therapy, equipment, or special schooling. The parent who cares for the child might also work reduced hours or miss a significant amount of time from work.
4. Others’ legal responsibilities
In these situations, the “other” children or “other” family can be a factor. If you have some other children, the court might or might not deviate. New family obligations are not the rule, but an exception to deviation. For example, when a parent has three children with three different other parents, then the monthly calculation for each of the children would be 19% of their total gross income. What if a parent remarries? In this situation, it might be considered by a judge. Our divorce lawyers have extensive experience dealing with situations where one of the parents doesn’t work due to the income of their new spouse.
5. Value of services that either parent contributes
For example, one of the parents might build a playground for their child. Or a parent might drive their child around to different activities. Another example would be when one of the parents watches the child which saves the other parent from having to pay daycare fees. The parent might be given a lower child support obligation in exchange for those services.
6. Public assistance paid to help support a child
Outside support is received by many parents for their children. When a parent receives assistance from the government, the amount of support might be reduced. One common example of this is a child who receives Social Security Disability payment. Military dependents also frequently receive public assistance payments.
7. Transportation costs
When a custodial parent who receives support moves out of the state with their child, travel expenses might be subtracted by the judge from the child support paid by the other parent. This is not applicable to travel expenses between North Las Vegas and Henderson. For example, a mother moves from Nevada to Wisconsin. The father’s child support might be reduced by the amount of the cost to fly their child back to Nevada for visits.
8. How much time a child spends with each of his or her parents
When a child spends a lot of time with the parent who does not have custody, that might be taken into consideration when reducing the child support amount. However, the court has said this factor does not hold as much weight compared to other criteria. How much time a parent is willing to spend with her or his children does not reduce the costs of their child-rearing expenses.
This factor involves two opposites: 1) Child support will not be increased by a court because a child is not willing to take advantage of their visitation schedule or is not willing to spend time with his or her child, and 2) A parent with joint custody who doesn’t take advantage of their visitation rights might pay more support. This is not done as a form of punishment, but due to the added expenses experienced by the custodial parent such as food and daycare due to the extra time involved.
9. The relative income of the two parents
If one parent has a higher income than the other, then the court might order more support to be paid by the wealthier parent.
Advice for Deviation
It has been ruled by the Nevada Supreme Court that child support laws should focus on the duty of a provide a fixed percentage of their income as child support. The child’s welfare should be the ultimate policy objective.
When a deviation is ordered by the court, either down or up, a finding of fact must be done. The court is required to provide written justification if there is any departure from the child support formula. Even when the monthly child support is agreed to by both parents, any deviation must be explained. If the amount that is agreed on differs from the standard formula, a reason why must be provided by the divorce attorneys. Any deviation must be based on the legal factors detailed in NRS 125B.080, or as discussed above.
For more information on how https://douglascrawfordlaw.com/ can help you with Deviating from Nevada’s Child Support Formula, please contact us at (702) 383-0090, or visit us here:
501 S 7th St, Las Vegas, NV 89101