The following is a summary of Nevada child support laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Nevada Code and/or consult with an attorney about how the law might apply to your particular situation.

How Child Support is Calculated Under Nevada Laws.

Child support in the state of Nevada is calculated by taking a percentage of the non-custodial parent’s gross income.

Gross monthly income” is defined as “the total amount of income received each month from any source of a person who is not self-employed, or the gross income from any source of a self-employed person, after deduction of all legitimate business expenses, but without deduction for personal income taxes, contributions for retirement benefits, contributions to a pension or for any other personal expenses.”

Gross income should be multiplied by the following percentages to determine the correct child support amount:

  1. For one child, 18 percent;
  2. For two children, 25 percent;
  3. For three children, 29 percent;
  4. For four children, 31 percent; and
  5. For each additional child, an additional 2 percent,

The minimum amount of support that may be awarded by a court in any case is $100 per month per child, unless the court makes a written finding that the obligor is unable to pay the minimum amount. Willful underemployment or unemployment is not a sufficient cause to deviate from the awarding of at least the minimum amount.

However, there is also a presumptive maximum amount of child support the court can order. The presumptive maximum amount is adjusted annually, and you can view the current presumptive amounts here.

-From the Nevada Revised Statutes 125B.070

Deviating from the Child Support Guidelines.

It is presumed that the basic needs of a child are met by the formulas, unless sufficient evidence can be shown to prove otherwise. If one or both parties believe sufficient evidence exists to deviate from the child support formula, they must stipulate those facts in writing. Factors for deviation from the child support formula include:

  1. The cost of health insurance;
  2. The cost of child care;
  3. Any special educational needs of the child;
  4. The age of the child;
  5. The legal responsibility of the parents for the support of others;
  6. The value of services contributed by either parent;
  7. Any public assistance paid to support the child;
  8. Any expenses reasonably related to the mother’s pregnancy and confinement;
  9. The cost of transportation of the child to and from visitation if the custodial parent moved with the child from the jurisdiction of the court which ordered the support and the noncustodial parent remained;
  10. The amount of time the child spends with each parent;
  11. Any other necessary expenses for the benefit of the child; and
  12. The relative income of both parents.

-From the Nevada Revised Statutes 125B.080

Additional Information

Dispute over income.

If the parties disagree as to the amount of the gross monthly income of the other party, the court shall determine the amount and may direct either party to furnish financial information or other records, including income tax returns for the preceding 3 years.

Health care.

Expenses for health care which are not reimbursed, including expenses for medical, surgical, dental, orthodontic and optical expenses, must be borne equally by both parents in the absence of extraordinary circumstances.

Willful unemployment or underemployment.

If a parent who has an obligation for support is willfully underemployed or unemployed to avoid an obligation for support of a child, that obligation must be based upon the parent’s true potential earning capacity.

-From the Nevada Revised Statutes 125B.080

Links.

Nevada Child Support Enforcement

 

This information has been summarized from the Nevada statutes. You can find the full-text version of these and other Nevada divorce statutes online here: Nevada Divorce Laws.

LEARN MORE ABOUT GENERAL CHILD SUPPORT LAWS.

GO TO ANOTHER DIVORCE ARTICLE.

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.

 

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