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