Legal Question in Family Law in Nevada
I was recently divorced in 2008, and am the non custodial parent. Due to my gross monthly income, I fall under the Presumptive Maximum Amount ($6,500 at that time). So during 200when my decree was signed that came to $697.00 a month. Since then my pay has been reduced due to furlough days (now $6,1195) and these Presumptive amounts have been lowered. I would now pay $550 a month.
My question is can the monthly child support amounts adjust with the presumptive amounts changing yearly, or is the amount set in stone with the decree? I realize it may be a formal process through the family court system and can work for both parties as it's based on the I realize this can work for both parties as it's based on the Consumer Price Index.
If it is adjusted yearly, can a informal documentation process occur between the parents each year?
2 Answers from Attorneys
I recommend filing a motion to modify child support based on changed circumstances. If your gmi is likely to go back up in a couple of months, however, it may not be worthwhile. Incidentally, I normally advise my clients to voluntarily raise their child support via the court when they make more money for the sake of establishing good will.
Mr. Wright is correct. For the current child support charts and presumptive maximums (and, by the way, support can be changed upon "changed circumstances" at any time), see http://www.willicklawgroup.com/child_support.
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