How to Modify Child Support in Nevada
Modifying child support is a discussion that can arise during divorce proceedings or a child custody decision in Nevada court. The amount of child support that is required can vary depending on the circumstances of each individual case. Child support amounts are not permanent and can be modified following one of the three following situations:
- A 20 percent or greater change in parent’s gross income
- The passing of three years since the initial child support order
- Custody changes
Change in Income
Nevada law allows a parent to request a modification of child support when the income of the parent that pays the child support has changed by 20 percent. This change can be a 20 percent increase in the parent’s income or a 20 percent decrease in income. This change in income only allows the modification of child support to be considered and does not necessarily mean that there will be a change in the child support amount.
Passing of Three Years
In Nevada, the courts allow parents to request a modification of child support every three years. In this circumstance, there does not have to have been a 20 percent change in income by either parent. A judge will likely review financial paystubs and monthly income to make a decision on whether or not the child support amount should be modified.
Change in Custody
Similar to a change in income, a change in custody of the child may be cause for a modification of child support. This usually occurs if there has been a change from joint physical to primary physical custody or from primary physical to joint physical custody.
Motion for Child Support Modification
The first way to attempt to modify child support would be to personally discuss the proposition with the other parent. If the other parent does not wish to modify child support, the parent can file a Motion for Child Support Modification. In this motion, the parent must show evidence of one of the three circumstances that allow for the modification to occur. Once the paperwork has been filed, the other parent must be served the paperwork in order to have the opportunity to reply to the motion. The other parent must reply to the motion after they have been served. Following the reply, the court will either schedule a hearing on the matter or decide on the ruling without a hearing. Typically, the court will schedule a hearing where a judge will review the evidence and make a decision in the hearing.
If you believe that your child support amount should be modified contact Carlson & Work of Reno, NV at 775-386-2226 for assistance from top family law attorneys.