Legal Question in Family Law in Nevada
My Ex still wants child support even though the child lives with me
My ex wife (lives in Reno) will not sign off on child support even though my 15 year old daughter lives with me. I have a request for modification to file in Washoe County. Can I file it in Clark County? I want to change custody also. My daughter lived with her maternal grandmother for 8 years. My ex wife collected and cashed the support checks and did not use the money for our daughter. She rarely saw her. Any recourse? The money is being garnished from my check and I would like to stop it ASAP.
2 Answers from Attorneys
Re: My Ex still wants child support even though the child lives with me
If you were divorced in Reno, the case should stay in Reno as long as your ex still lives there. Once she moves from Reno, you can get the case to Clark County. You should not have to paid child support while your daughter lives with you.
You will need to get a change of custody to stop the garnishment. You may have waived your right to object to how she spent your money if it has been a few years and you knew about it.
Re: My Ex still wants child support even though the child lives with me
In Nevada, the only two ways your ex could assert that he is entitled to child support is if there is an order stating he has custody and gets child support that has never been corrected since you now have the child. Alternately, if you share 50/50 custody, he could be entitled to child support if you earn more money than he does. If neither one applies, I cannot imagine why he thinks he should get ongoing child support.