Legal Question in Family Law in Nevada

Child support when social security disability is involved

Hello-My ex husband has been paying child support ($200.00) off and on for our two children based on a union retirement income of about $1000.00 a month. Recently he was approved for social security disability and our two children will receive benefits. I am very thankful that my children will receive social security benefits but there are additional expenses (one child needs orthodontic work and the other is A.D.D.) that I think he should help be responsible for. He provides no insurance or any other type of support for the children (that includes gifts.) He has not seen the children for six years. My question is this: Is my ex-husband still responsible to pay the child support based on his union retirement income (not the social security)? Or since the children receive social security benefits, does that relieve him of all child support obligations? I do understand that he is not obligated to pay child support based on the social security but what about the union retirement. I did not want to pursue this in court unless I could find out if I have any legal grounds. I appreciate your help. Thank you. Sincerely,--name removed--


Asked on 9/17/00, 5:40 pm

1 Answer from Attorneys
Dorothy Bunce

Child support when receiving social security disability

I am not aware of any easy "hard and fast" rule on whether you might be able to obtain an increase in child support to 25% of your former spouse's income and assistance with medical bills under these circumstances. As you probably know, NRS 125B sets forth the criteria for deviating from the child support formula. There is always risk in pursuing any legal case and never any guarantee of success. The terms of the existing decree, the length of time since the decree was entered, and whether he has other children to support all will factor in to a judge's decision to alter the support order. You may be able to get free legal help from the office of the district attorney where you live in collecting the back child support - and they may or may not be able to pursue a request to increase the child support.

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Answered on 10/18/00, 9:51 am


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