Legal Question in Family Law in Nevada
Burden of Proof
My ex is taking me to court for arrears for child support. She claims I owe more, but my records reflect something different. Some of my records are money orders and canceled checks, but I don't have the proof that I paid. Who has the burden of proof, and is it up to the judge?
Asked on 3/18/08, 5:59 pm
1 Answer from Attorneys
Jeffrey Cogan
Jeffrey A. Cogan, Esq., Ltd.
Re: Burden of Proof
You have the burden of proof and it is up to the judge. You may need to tell the judge that you will accept the amount she says subject to the proof that you provide later. It depends if you are in front of a family court judge or a child support collection hearing master. If the D.A. is representing your ex, then they will allow you to later prove your payments.
Answered on 3/18/08, 6:04 pm