Legal Question in Family Law in Nevada

Child Support Arrears Situation

How many times can my ex husband (noncustodial parent) contest the child support arrears owed since 1995? I finally filed for child support in January 2004 and since then, have had prior audits conducted and he is still not satisfifed and now request a hearing. I was not informed on how everything was calcualted until I was sent the 20 page audit spreadsheet in December 2008. Since the District Attorney are the individuals that make the decision on how much I should have recieved on the approved arrears amount. Do I need to hire an attorney to stop this nonsense? The exhusband is finding excuses to lower the payment or not pay anything.


Asked on 4/20/09, 6:08 pm

1 Answer from Attorneys

Re: Child Support Arrears Situation

There should still be an order in place for current support, which, hopefully, the DA is succesfully collecting.

Payment on the arrears, per NV law, is usally 10% of the current amount of support. For example if your ex's support obligation is $500.00 per mo, his payment on arrears would normally be $50.00. Unpaid arrears continue to accrue interest and penalties until paid in full. Current support is collected first and any left over money is applied to arrears.

If the Child Support Hearing Master, in part based upon the recommendation of the DA, believes that your ex has had sufficient opportunity to contest the arrears, then the Hearing Master may reduce the arrears to judgment and determine that the issue of arrears adjudication is closed.

If your ex continues to drag the arrears issue out, you may benefit from legal counsel. The DA doesn't represent you, he represents the "people of the State of Nevada".

For the past 7 years, I have been a part time Child Support Hearing Master in Las Vegas. It is up to your ex to prove he made the payments during the stated arrears period. He has the burden of proof.

I am now handling child support cases in private practice. You may contact me if you have further questions.

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Answered on 4/20/09, 7:31 pm


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