YOU NEED TO KNOW HOW WILLFUL UNDEREMPLOYMENT AFFECTS CHILD SUPPORT IN LAS VEGAS
It’s always best if things work out equitably between people, but the world doesn’t always work that way, unfortunately. There are many deceptive tactics former partners can try to keep you from getting full justice, especially if children are involved. If you’re going through a divorce or separation, there are lots of tricks people will try to make any settlement less than it should be. It’s essential to understand how willful underemployment affects child support in Las Vegas. You need an attorney who can see through these ruses and will help to get what you and your family deserve.
You need The Law.
Willful underemployment in has its own section in the Nevada Revised Statutes (NRS) and occurs mostly when a parent purposefully takes a job that pays less to avoid paying child support. Two cases in Nevada law deal specifically with it, Rosenbaum v. Rosenbaum and Minnear v. Minnear. These cases set what we call a precedent, which will help us to defend or try your case.
One of the hallmarks of willful underemployment is the idea of “good faith.” Whichever side of this issue you may fall on, we will work for or against the case by this idea. “Good faith” simply means that if you or your former partner took a new job that paid less, you had a good reason for that choice. It’s possible you may have recently moved to Nevada and make less than you did where you lived before. It may be that the job market in your field was not strong enough for you to begin at the level you were at when you moved. We will look at every scenario and make our decision on how to proceed on a case-by-case basis.
Several possible scenarios for proving or disproving willful underemployment exist:
- the paying obligator parent loses or is terminated from a job
- the paying obligator parent chooses an employment change
- the paying obligator parent stops working to pursue further education
- the paying obligator parent gets incarcerated in prison or jail
- the paying obligator parent stops working because of martial responsibilities or to care for or raise minor children.
Like the two cases listed above, a solid body of Nevada case law exists. I know these cases well and can use them to maximize your award.
There are legal minimums established by the NRS that we can get for you, starting at $100 per month per child. Even if your former partner is choosing to pursue willful underemployment as a strategy to pay less, I know how willful underemployment affects child support in Las Vegas and we protect your rights and the rights of your children. Judges can award money above a person’s income level if we can prove willful underemployment. There are plenty of cases I can show you of people who have gone through this before you and won.
If your former partner is not acting in “good faith” and wants for his or her own selfish motives to deny your kids enough money for a decent life, you need an attorney who will get you the judgment you and your children deserve.