Legal Question in Family Law in Nevada
In regards to child support in Nevada: If the non-custodial parent is in jail at the time the divorce papers are filed, can the petitioner use the income that the other parent made, even though they had not worked there in almost a year and had not been able to hold a job due to incarceration?
1 Answer from Attorneys
The case law over the years has been rather mixed. Some cases have held that choosing to break the law and thus be in jail is "voluntary" and thus no decrease in support otherwise payable is appropriate, since voluntary underemployment or unemployment is not a basis for reducing child support. The situation may or may not be different if the incarceration is prior in time to establishing the initial support amount; the logic would be the same, but courts tend to focus on the reality of income, rather than the reason for it. A straight-faced argument could be made either way. See:
http://www.willicklawgroup.com/child_support.