Legal Question in Family Law in Nevada

She makes 25000as a cocktail waitress a year he makes 65000 as a highway patrol man married 4 years one child whom is 5 years old. What should her monthly child support payment be?


Asked on 11/03/10, 5:39 pm

4 Answers from Attorneys

If he has primary physical custody, then she would pay him $375.00 which is equal to 18% of her gross monthly income (her income before taxes).

If she has primary physical custody, then he would pay her the "presumptive max" which is equal to $683.00.

This answer assumes that neither mom nor dad have children under 18 from a prior or subsequent relationship and does not take into account the cost of health insurance which could be another deviating factor along with travel expenses and/or time share.

Hope this basic info. helps.

Please contact me if you require additional info.

Greta Muirhead, Esq.

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Answered on 11/08/10, 6:34 pm
Anthony Wright The Wright Law Offices, PC

If they have joint custody, then support would be paid by dad in the amount of $308 unless there are deviating factors.

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Answered on 11/08/10, 7:43 pm
Marshal Willick Willick Law Group

Mr. Wright is correct that the answer depends on who has custody. If dad does, mom would pay 18% of total salary (you say $25k, which would be $2,083 per month, or $375 -- BUT, cocktail waitresses typically have far greater tip income, and child support is based on TOTAL income). If joint, support obligations offset, and if mom has primary custody (more than 60% of the total time share) dad would pay mom. For a full run down of the rules, statutes, relevant cases, and explanation, see http://www.willicklawgroup.com/child_support.

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Answered on 11/08/10, 7:50 pm
Anthony Wright The Wright Law Offices, PC

Actually, I should probably amend my answer on the obligation when there is joint custody. Father would actually be responsible for $600 per month. This would be calculated as follows (.18 x (65000/12))-(.18 x (25000/12))=600

I was using the presumptive maximum for the father in my last calculation, which would not apply here in a joint custody calculation until the end.

Greta's calculations for primary custody are correct.

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Answered on 11/09/10, 8:50 am


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