Child support obligation

Nevada law requires each parent to cover the care and financial needs of their children. The parent who is awarded custody of the children will receive support payments from the other parent. The obligor, which is the parent paying child support, will continue to pay the obligation until the child turns 18 or 19 if the child remains in high school.

The court determines the amount of child support to be paid based on the ability of the parents to support the children, as well as the needs of the children. The court will determine child support by comparing several factors including, but not limited to:

• The income of both parents

• How much time the child spends with each parent in your home

• How many children require support?

• The amount of time the non-custodial parent spends with the children

• The child’s needs, such as daycare.

Las Vegas courts make it possible for parents to agree to child support by entering into a stipulation. A stipulation is a contractual agreement between both parties that a certain amount of support will be paid. If you both agree on the amount, the court must approve it. Anything agreed upon between the two of you outside of the court order will not be enforceable.

Court ordered child support is a “debt” that does not go away. In the event that the obligor is unable to pay, due to job loss or other unforeseen circumstances, the amount of court-ordered support remains owed and continues to accumulate over time. This is also not a “debt” that can be discharged through bankruptcy.

Modification of the child support order

Although the child support order will be in effect until your child reaches the age of majority, it is possible to modify a child support order if a substantial need arises. In Las Vegas, Nevada, the court will normally review the support order every three years. However, it is possible to request a modification if you can show that there is a significant change in circumstances. One of the parties may wish to increase or decrease the amount of support. The obligee can ask for an increase, while the debtor can ask for a decrease. You must apply for a modification through the court that originally ordered the support. The court will review the debtor’s current ability to pay. To change the current order, a change in circumstances may include:

• Change of custody

• Shared custody

• 20% increase or decrease in income

• Loss of work

• Unexpected educational or medical costs

• Availability of insurance

• Disabled child

If your life has changed significantly, you may be entitled to a modification in your support. It is important to understand that until the court grants the child support modification, the obligee remains responsible for current payments due.

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