Legal Question in Family Law in Nevada
No Affidavit of Financial Condition Filed
There wasn't an Affidavit of Financial Condition filed during our NV divorce by either party. We were both represented by counsel, yet this was somehow overlooked by both attorneys and the judge. The divorce is final and there is still controversy over custody and child support. When the case is re-opened, can I ask that the decree be invalidated? How can I go about remedying this situation acknowledging the extreme differences in income by the parties? Isn't this Affidavit of Financial Condition a requirement of NV Family Law? I don't understand how this could have happened.
2 Answers from Attorneys
Re: No Affidavit of Financial Condition Filed
A case cam settle without either party filing an Affidavit of Financial Condition. If there is a dispute as to income for purposes of determining child support, the court can require the other party to produce their pay check stubs and/or tax return from the prior year. Alternately, if there is a pending matter before the court you can serve the opposing party with discovery requesting salary information.
Re: No Affidavit of Financial Condition Filed
Neither do I, unless there was an agreement by the parties as to custudy and child support amounts. A divorce is essentially about child custudy and child support issues. . These documents are filed prior to the 1st hearing.
I don't know how the decree got entered without these issues being addressed.
It is difficult to tell you exactly what to do becuase I don't know what the decree says or when it was entered.
You really have 2 option:
1) Assume the decree was valid and seek to modify it to reflect the current timeshare/income levels or
2) Move to set it aside and seek a retroractive modification and Child support award going back to the time the complaint was filed.
The best answer would depend on the circumstances of your case, which would be impossiblel to know without reading the decree, minute orders and historical timeshare