Legal Question in Family Law in Nevada

I have a child support court order that needs to be re-addressed. Last child support modification took place March 2011. Last order stated 'Court will reserve retroactive jurisdiction to modify should defense uncover undisclosed income.'

Indeed there has been discovery of undisclosed income. I've asked the DA's child support division and the self help center about going back to court. Although both are aware of the current order, they each say that modifications can only be done every 3 yrs. I am aware of the rule but believe based on the verbiage of the order, this would be an exception.

Can I take this back to court (with discovery)? Can I do this on my own? What form would I fill out that would apply to this matter? I have read MANY of the self help forms and can not find the one that applies specifically to this matter of 'retroactive jurisdiction to modify'.

Please advise. Thank you,

Debbie


Asked on 7/04/11, 5:20 am

1 Answer from Attorneys
Marshal Willick Willick Law Group

I suggest skipping the DA/Master's court -- they are not really set up for such non-standard orders. The explicit reservation of jurisdiction, given the information you now have, should be all you need; forms may not be adequate, though; you might need to hire competent counsel who can coherently lay out the prior order, the trigger facts to current filing, the math, and a coherent request for relief. Meantime, see:

http://www.willicklawgroup.com/child_support

http://www.willicklawgroup.com/interest_penalties

http://www.willicklawgroup.com/marshal_law_arrearage_calculation_program

http://www.willicklawgroup.com/fees_and_costs

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Answered on 7/04/11, 3:50 pm


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