Legal Question in Family Law in Nevada

What can I do.!!!!!!!!!

About 12 years ago I re-married and we had a son.

Sence we have divorced , She has sole-custidy and I pay $200.00 per month and have moved to Wi.

I have gotten behind a fews ago , But sence about 1994 or 96 have made these payments . I understand that I am liable for the back payments , And now The ex-wife has now taken me to court for this .

I have a lawyer , But I would like some other input to this . He has contacted her and I can have visitation if I pay for her and our sons ticket to fly to Wi. and back to Nv. . But I can-not aford this type of expence , And We have mentioned about moving closer to Nv. so that I could see the son.She states that she will not budge on lowering support ! and that she has a statement of other concerns and has almost, But not comming right out and stating that she will use this against me . In other words Don't fight this , You can't see your son and I'm holding all the cards. I feel that I have been threatened and there is exstorsion somewhere in this .

I' Stumped!!!!!!!


Asked on 5/07/99, 7:38 pm

1 Answer from Attorneys
Dorothy Bunce

Re: What can I do.!!!!!!!!!

It sounds like you have some mixed up ideas -

Visits and paying child support have always been separate issues. One has never been the condition for the other. So even though you've missed some child support payments, you are still entitled to have your visitation rights.

I don't know why your "ex" would need to fly with the children for the visit unless there is some special needs, such as a medical condition the airline staff can't handle. Mom doesn't get to supervise your visits either;,unless the decree specifically states this. And it wouldn't unless you have had serious problems in the past - such as being charged with child abuse or alcohol or drug problems.

But if you haven't seen the boys in a while, they may be nervious about the trip and meeting you again. Maybe for the first visit you could fly out here for your vacation. Certainly, you want to get to know them before you bring them out at a huge expense. I hope you talk to them regularly - that is one of the best ways of keepinging up frequent and meaningful contact. Also e-mail and private chats are available.

It sounds like the child support you pay is far below the amount required by law - 25% of your gross (before taxes) income for 2 kids, 29% for 3, 31% for 4. If you are paying in line with these rates, the court order can be altered to allow you to take off the cost of transportation for visitation from the child support. BUT THE COURT ORDER MUST SPECIFICALLY SAY THIS.

Look at your decree, and if you decide to retain an attorney in Las Vegas, I hope you will consider me.

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Answered on 5/08/99, 10:48 am


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