I need to calculate child support. Let’s see. First, we find the percentage based on number of children. I multiply my gross income by this percentage. Is gross before taxes or after? Then, we minus this number from the mother’s gross income. Yeah, like she really shares the real number. Then we find the common denominator, carry the one, and multiply everything by the square root of “Enough”!
This is the typical client trying to calculate child support. The math is too much. In today’s tech driven world, where we can print a car, can’t someone create a simple calculator? Yes, they can. And yes, we have.
Right Lawyers is here to save your brain cells and has a simple, easy to use child support calculator. It includes all of Nevada’s percentages, and monthly maximums. No more needing algebra or scientific calculators to figure out how much to pay, or to receive.
Now that we have the math out of the way, let’s answer some of the other most commonly asked questions about child support.
How often can the current child support amount be updated?
According to NRS 125B.145 you can request a modification in child support when there has been a change in gross monthly income of at least 20%. Either parent can ask for the review. The review, and possible change is not automatic. You have to ask the court for the review and provide documentation to support the request. Also, under the statute you get to request a review every three years, whether there has been a change in income or not.
What if I don’t know the father’s income?
Child support is either calculated during a divorce proceeding, during a child custody only proceeding, or by the Child Support Enforcement Division. In whichever situation the mother and father will need to show proof of income to calculate the amount of monthly support. If the father doesn’t provide proof, the court can impute (a legal word for guess), monthly income or order child support to be a minimum $100 a month.
I have other children, will the court reduce my monthly amount?
The court may, but doesn’t have to reduce your child support because you pay support for other children. The Court may consider the deviation factors set under NRS 125B.080 when setting child support, such as transportation costs, costs of monthly health insurance premiums, child care expenses, etc. A sad case to review is former NFL running back, Clinton Portis. He owes over 5 million dollars in child support to 6 different women he had children with. Each mother is entitled to at least 19% of his gross income. Doing some quick math, 19 times 6, you realize this is more than 100% of Clinton’s income.
The mom and I have never been to court. Do I still need to pay child support?
Both parents have a legal obligation to financially support their children. If you don’t have a court order detailing how much to pay then the mother could come to court years later and request back child support. Whether you helped her financially or not during those years. Our recommendation is to file a child support motion in court so the child support figure is in black and white.
I have the children just as much as she does. Do I still need to pay child support?
Having primary custody means you would receive child support. Having joint custody creates the interesting “offset” calculation. If you have the children as much as she does, then you should have joint custody. Use our child support calculator to figure out the amount you should be paying or receiving. If it’s different then call a child support attorney to see how to modify the amount.
My income went down. Can I have the amount reduced?
If your gross monthly income has declined at least 20%, you are entitled to a review of your child support obligation. You will need to request a modification from the court and provide documentation proving your new income. We should note, you can’t willfully reduce your income by quitting your job, or taking a demotion. The judges have seen this trick before.
Is child support taxable?
No, the federal government let’s this one slide. The income isn’t taxable and the expense of child support is not deductible. Nevada doesn’t have income taxes, so Nevadans are zero on the state tax.
Can she stop me from seeing the kids if I don’t pay child support?
No, she cannot suspend your visitation with the children because you aren’t paying child support. The Nevada courts are not fond of the “pay to play” theory of withholding child visitation in exchange for support. Although, we would suggest you do everything possible to make good on the payments. If you don’t agree with the amount then go back to court.
Is child support paid until the child is 18?
In Nevada, child support is paid until the child is 18 or graduated from high school, whichever is greater. If your child has medical or mental disabilities the child support can be extended.
About Author:
Stacy Rocheleau, Esq., is owner and managing partner of Right Lawyers in Las Vegas, Nevada, Stacy specializes in family law, divorce, and child custody law.