Child support is the legal responsibility that both parents share to provide financial support for their children. Nevada law recognizes that parents have an equivalent duty to ensure their children's basic needs are met, including food, clothing, shelter, education, and healthcare. This obligation continues until the child reaches 18 years old, or 19 if they're still enrolled in high school.
Child support payments help the custodial parent or lower-earning parent cover the day-to-day expenses of raising the child. The amount is determined by state guidelines that consider each parent's income and the custody arrangement.
How Nevada Calculates Child Support
Nevada uses a tiered percentage formula to calculate the base child support obligation. This system applies different percentages to different portions of a parent's gross monthly income, rather than a flat percentage across all income.
The Three-Tier Income System
The calculation divides income into three brackets:
- First $6,000 of monthly income: Highest percentage applies
- Income between $6,001 and $10,000: Middle percentage applies
- Income above $10,000: Lowest percentage applies
Percentages Based on Number of Children
The specific percentages depend on how many children need support:
For one child:
- 16% of the first $6,000
- 8% of income between $6,000 and $10,000
- 4% of income above $10,000
For two children:
- 22% of the first $6,000
- 11% of income between $6,000 and $10,000
- 6% of income above $10,000
For three children:
- 26% of the first $6,000
- 13% of income between $6,000 and $10,000
- 6% of income above $10,000
For four children:
- 28% of the first $6,000
- 14% of income between $6,000 and $10,000
- 7% of income above $10,000
For each additional child beyond four:
- Add 2% to the first tier
- Add 1% to the second tier
- Add 0.5% to the third tier
Simple Calculation Example
If a parent earns $8,000 per month and has two children, the calculation would be:
- First $6,000 × 22% = $1,320
- Remaining $2,000 × 11% = $220
- Total monthly child support: $1,540
Gross Monthly Income
Gross monthly income includes nearly all sources of money a parent receives before taxes and deductions. Nevada defines this broadly to ensure children receive appropriate support based on their parents' actual financial resources.
What Counts as Income
- Wages and salaries, including consistent overtime
- Bonuses and commissions
- Self-employment income
- Investment and interest income
- Social Security disability and retirement benefits
- Pension and retirement payments
- Unemployment benefits
- Workers' compensation
- Military allowances and veterans' benefits
- Alimony received from another relationship
- Voluntary retirement contributions (like 401k deferrals)
What Doesn't Count as Income
- Child support received for other children
- Public assistance benefits (food stamps, welfare)
- Supplemental Security Income (SSI)
- Foster care or kinship care payments
- Personal injury awards not intended to replace income
Child Support and Custody Arrangements
The custody arrangement significantly affects how child support is calculated and who pays whom.
Primary Physical Custody
When one parent has the child more than 60% of the time, they have primary physical custody. In this situation, the non-custodial parent pays child support based solely on their income using the percentages described above.
Joint Physical Custody
When parents share time more equally (each having at least 40% of parenting time), both parents' child support obligations are calculated separately. Then these amounts are offset against each other. The parent with the higher obligation pays the difference to the other parent.
For example, if Parent A owes $1,200 and Parent B owes $800, Parent A pays Parent B $400 per month.
Split Custody
When parents have multiple children, and each parent has primary custody of at least one child, the court calculates each parent's obligation for the children living with the other parent, then offsets these amounts. The parent with the higher total obligation pays the difference.
Additional Child Support Costs
Beyond the base child support calculation, Nevada requires courts to address other important expenses.
Medical Support
Every child support order must include provisions for medical support. This typically means:
- Health insurance coverage for the child
- Vision and dental insurance, when available
- Equitable division of insurance premiums between parents
- Sharing of unreimbursed medical expenses (copays, prescriptions, medical costs not covered by insurance)
Courts generally divide unreimbursed medical expenses equally between parents, though the division can be adjusted based on each parent's income and circumstances.
Child Care Expenses
When a parent pays for work-related child care, the court must consider these costs and divide them equitably between both parents. This includes:
- Daycare expenses
- Before and after school care
- Summer camp costs when needed for work
- Babysitter fees during working hours
The court adds each parent's share of child care costs to the base child support amount to determine the total child support obligation.
Special Circumstances and Adjustments
Nevada law recognizes that the standard formula doesn't fit every situation. Courts can adjust the child support amount based on specific factors.
When Adjustments May Apply
- Special educational needs: Tutoring, special education programs, or private school for learning disabilities
- Transportation costs: Significant travel expenses for visitation, especially if parents live far apart
- Support of other children: Legal responsibility to support children from other relationships
- Relative income of households: When there's a large income disparity between parents
- Public assistance: Any government assistance received for the child
- Other necessary expenses: Any reasonable costs that benefit the child
Low-Income Parents
For parents with very limited income, Nevada uses a low-income schedule based on federal poverty guidelines. This ensures that parents with minimal earning capacity aren't burdened with child support obligations they cannot reasonably pay. The court balances the parent's need for self-support against the obligation to support the child.
Unemployment and Underemployment
If a parent is voluntarily unemployed or working below their capacity without good reason, the court can impute income. This means the court assigns an income level based on what the parent could reasonably earn given their:
- Work history and skills
- Education and training
- Physical and mental health
- Local job market and wage levels
- Available job opportunities
However, incarceration for 180 days or more is not treated as voluntary unemployment, and income typically isn't imputed during this time.
Establishing Paternity for Child Support
Before child support can be ordered, legal paternity must be established. For married parents, the husband is automatically presumed to be the father. For unmarried parents, paternity can be established through:
- Voluntary Declaration of Paternity: Both parents sign a form, usually at the hospital when the child is born
- Court Order: If the father disputes paternity, the court can order DNA testing to establish biological fatherhood
Once paternity is established, child support proceedings can move forward.
Modifying Child Support Orders
Child support orders aren't permanent and can be modified when circumstances change.
When You Can Request a Modification
- Every three years, either parent can request a review without showing changed circumstances
- 20% income change. A change of 20% or more in either parent's gross monthly income
- Changed custody arrangement. If the parenting schedule significantly changes
- Other substantial changes affecting the child's needs or the parent's ability to pay
Filing a Motion to Modify
To change child support, you must file a motion to modify with the court. The modification generally takes effect from the date you file the motion, not retroactively. This means if your income drops significantly, you should file immediately rather than waiting—you'll still owe the full amount for any months before filing.
Making and Receiving Child Support Payments
Nevada has established systems to help ensure child support payments are made and received efficiently.
Payment Methods
Parents can pay child support through:
- Income withholding: Most common method where the employer automatically deducts child support from paychecks
- Online payments: Through the state's payment portal using debit or credit cards
- By phone: Calling the State Collection and Disbursement Unit
- By mail: Sending cashier's checks or money orders
- In person: At kiosk locations in some courthouses
How Parents Receive Payments
The state's Division of Welfare and Supportive Services processes payments and distributes them to the receiving parent through:
- Direct deposit to a bank account
- Nevada Child Support Debit Card
Child Support Enforcement
When a parent fails to pay court-ordered child support, Nevada has strong enforcement tools available.
Enforcement Actions Include
- Wage garnishment: Automatic deduction from paychecks and unemployment benefits
- License suspension: Driver's licenses and professional licenses can be suspended
- Tax refund interception: Federal and state tax refunds can be seized
- Credit reporting: Unpaid support is reported to credit bureaus, damaging credit scores
- Contempt of court: Can result in fines and jail time for willful non-payment
- Property liens: Liens placed on real estate to secure payment
The Nevada Child Support Enforcement Program assists parents in collecting unpaid support at no cost. You don't need to be receiving public assistance to access these services.
Remember that child support orders can be modified when circumstances change, and Nevada provides robust enforcement mechanisms to collect unpaid support. Whether you're establishing a new order or dealing with an existing one, knowing your rights and responsibilities helps you navigate the system effectively and prioritize your children's well-being.