A Nevada child support order is a court order that establishes the obligation of one parent to pay financial support for their child. This court order specifies the amount to be paid, the payment schedule, and other requirements such as medical support and child care expenses.
Legal Basis for Child Support Orders
Nevada law establishes that both parents have a legal duty to provide necessary maintenance, health care, education, and support for their children. This obligation applies regardless of whether the parents were married, and continues until the child reaches age eighteen or age nineteen if still enrolled in high school.
The obligation created by a child support order follows the child to the person who has lawful physical custody. This means that if custody changes, the person with physical custody becomes entitled to receive the support payments without needing a new court order.
Types of Child Support Orders
Nevada courts issue different types of child support orders depending on the circumstances. An initial order establishes support when no prior order existed. A modification order changes an existing support amount based on changed circumstances. An enforcement order addresses arrears or non-payment when a parent has failed to comply with an existing order.
Establishing a Nevada Child Support Order
Creating a child support order involves several steps that ensure both parents have the opportunity to participate and that the amount is calculated correctly according to Nevada guidelines.
When You Can File for Child Support
You can file for child support as long as the child physically lives with you, even without a formal custody order from the court. However, if you are seeking support from the child's father and you were not married to him, paternity must be established first.
For married or widowed parents, the husband is automatically considered the legal father. For unmarried parents, paternity can be established through a voluntary acknowledgment form signed by both parents and filed with the state, or through a court proceeding if the father contests paternity.
Who Can Apply for Services
Either parent can apply for child support services through the District Attorney Family Support Division. There is no fee to apply for these services. Parents do not need to be receiving public assistance to get help establishing or enforcing a child support order.
Public agencies that provide assistance to families can also initiate child support proceedings to recover costs of public assistance provided to the child. When someone receives public assistance, the court must determine this fact before issuing or modifying a child support order.
The Application Process
To establish a child support order, you must provide documentation proving legal parentage and a valid address for the non-custodial parent. The District Attorney Family Support Division can help locate missing parents and determine where they work.
The court order may be established through several processes. A stipulation or out-of-court agreement occurs when both parents agree on the support amount and terms. A court hearing takes place when either party requests one to present their case. A default order is entered when the non-custodial parent does not respond to the notice within the required timeframe.
How Nevada Calculates Child Support
Nevada uses specific guidelines to calculate child support amounts based on the paying parent's gross monthly income and the number of children requiring support.
The Tiered Percentage System
Nevada applies different percentages to different income brackets. For the first six thousand dollars of gross monthly income, one set of percentages applies. For income between six thousand and ten thousand dollars, lower percentages apply. For income above ten thousand dollars, even lower percentages apply.
For one child, the paying parent owes sixteen percent of the first six thousand dollars, eight percent of income from six thousand to ten thousand dollars, and four percent of income above ten thousand dollars. For two children, the percentages are twenty-two percent, eleven percent, and six percent respectively.
What Counts as Gross Monthly Income
Gross monthly income includes nearly all sources of income. This encompasses wages and salary including consistent overtime, interest and investment income, Social Security benefits, pension or annuity payments, workers compensation, unemployment insurance benefits, disability insurance payments, voluntary retirement contributions, military allowances and veterans benefits, compensation for lost wages, business profits if you control the entity, and alimony received from another case.
Certain payments are specifically excluded from gross monthly income. Child support received for other children does not count. Public assistance benefits, including food stamps, cash assistance, and Supplemental Security Income, are excluded. Foster care payments and personal injury awards are not intended to replace income; they also do not count toward gross monthly income.
Adjustments for Joint Physical Custody
When parents share physical custody with each parent having the child at least forty percent of the time, the calculation changes. Each parent's obligation is calculated as if the other parent had primary custody, and then these obligations are offset against each other. The parent who owes more pays the difference to the other parent.
For example, if Parent A owes eight hundred dollars based on their income and Parent B owes five hundred dollars, Parent A pays three hundred dollars to Parent B. This approach ensures the child benefits from both parents' incomes proportionally.
Additional Requirements in Child Support Orders
Beyond the basic support amount, Nevada child support orders must address several additional expenses and provisions.
Medical Support Requirements
Every child support order must include provisions for medical support. Courts are required to make an equitable division of the child's health insurance costs between the parents. Typically, one or both parents must provide health insurance if available at a reasonable cost.
The order specifies who will maintain health insurance coverage for the child, how uninsured medical expenses will be divided, and what constitutes reasonable health insurance costs. Parents often share uninsured medical expenses proportionally based on their incomes.
Child Care Expenses
Courts must consider reasonable work-related child care costs paid by either parent and divide these costs equitably. These expenses include daycare while parents work, after-school care programs, and summer camp costs that allow parents to maintain employment.
The court adds the allocated child care costs to the base child support amount to create the total child support obligation. For instance, if base support is five hundred dollars and the paying parent's share of child care is one hundred fifty dollars, the total order would be six hundred fifty dollars monthly.
Income Withholding Orders
Most Nevada child support orders include automatic income withholding provisions. This means the paying parent's employer receives an order to withhold the support amount from wages and send it directly to the state child support enforcement office, which then distributes it to the custodial parent.
Income withholding ensures consistent payment and reduces disputes about whether payments were made. The withholding occurs automatically unless the court finds good cause to postpone it or both parties agree to an alternative arrangement.
Enforcing a Nevada Child Support Order
When a parent fails to pay child support as ordered, Nevada provides multiple enforcement mechanisms to collect the owed support.
Child Support Enforcement Services
The Nevada Child Support Enforcement Program assists parents in collecting unpaid support. This state program can locate non-custodial parents who have moved, determine where they work, establish paternity if needed, establish support orders, enforce existing orders, and modify orders when circumstances change.
Services include wage garnishment from the parent's employer, interception of IRS tax refunds to pay child support arrears, suspension of driver's licenses when a parent owes substantial arrears, suspension of professional licenses for serious delinquency, and requesting court orders for jail time for willful non-payment.
How Arrears Accumulate
When a parent fails to make ordered support payments, the unpaid amounts accumulate as arrears. These arrears represent a judgment by operation of law that cannot be retroactively modified. Interest accrues on arrears at the statutory rate, substantially increasing the total debt over time.
A parent who owes arrears must continue making payments until the full debt is paid, even after the child becomes emancipated. The obligation to pay arrears survives the child reaching adulthood and must be satisfied in full.
Liens on Property
If a parent is in arrears, the child support order can be recorded as a lien against all real and personal property owned by that parent in any Nevada county. From the time of recordation, the order becomes a lien on all property the parent owns or later acquires in that county.
The person seeking to enforce the lien must send notice to the responsible parent specifying the court, the amount of arrears, and explaining their right to request a hearing. Once the lien is established, it continues until the arrears are fully satisfied.
Other Enforcement Actions
Nevada can report child support debts to credit bureaus, negatively affecting the paying parent's credit score. The state can seize bank accounts containing funds belonging to the delinquent parent. Federal and state tax refunds can be intercepted and applied to child support debt.
For serious cases of willful non-payment, the court can hold the parent in contempt, which can result in fines or jail time. These enforcement mechanisms apply progressively depending on the severity and duration of non-payment.
Modifying a Nevada Child Support Order
Child support orders can be modified when circumstances change significantly, ensuring the order remains appropriate for current conditions.
When Modification Is Allowed
Nevada law requires that child support orders be reviewed every three years upon request by either parent or the child support enforcement agency. This tri-annual review ensures support amounts stay current with incomes and needs.
Beyond the three-year review period, modification can be requested any time based on changed circumstances. A change of twenty percent or more in the gross monthly income of either parent constitutes changed circumstances requiring review. Other changes include significant custody arrangement changes, changes in the child's needs, or changes in either parent's ability to pay.
The Modification Process
To modify a child support order, a parent must file a motion with the court that issued the original order. The motion should explain what circumstances have changed and why modification is warranted. Both parents receive notice and opportunity to respond.
The court applies current child support guidelines to the new circumstances, recalculating the appropriate support amount. If modification is granted, it typically becomes effective from the date the modification motion was filed, not retroactively to some earlier date.
Limitations on Modification
Courts cannot retroactively modify support payments that have already accrued. If you experienced a reduction in income but waited six months to file for modification, you still owe the full amount for those six months. The modification only affects future payments from the filing date forward.
This rule emphasizes the importance of filing modification requests promptly when circumstances change. Delaying the filing does not excuse the obligation to pay under the existing order.
Special Considerations in Nevada Child Support
Certain situations create unique considerations for child support orders that parents should understand.
Low-Income Obligors
For parents with very low incomes, Nevada ties minimum support obligations to federal poverty guidelines rather than imposing an arbitrary minimum. If a parent's income is at or below the poverty level, the required support may be quite low or possibly zero in cases of truly no income.
If a parent is incarcerated for six months or more, that status cannot be treated as voluntary unemployment. This means incarcerated parents generally will not have support continue accruing during imprisonment unless they have other income sources. This prevents impossible debt accumulation when parents genuinely cannot work.
Support for Children with Disabilities
Parents must support a child with a disability beyond age eighteen until the child is no longer disabled or becomes self-supporting. The disability must have occurred before the child reached majority for this extended obligation to apply.
A child is considered self-supporting if they receive public assistance that sufficiently meets their needs. This provision ensures that parents continue supporting children who cannot support themselves due to disabilities, while recognizing that public assistance programs can fulfill this need.
Multiple Family Situations
When a parent has children with more than one partner, calculating support becomes more complex. The parents' total support obligation is divided among all children they have a duty to support. Courts can deviate from standard guidelines based on the parents' legal responsibility to support other children.
This prevents one set of children from receiving disproportionate support while others go without. However, the calculation methods for serial parents remain an area where Nevada law continues to develop clearer guidelines.
Receiving Child Support Payments
Understanding how payments are processed and distributed helps custodial parents track support and address problems promptly.
Payment Processing
The Nevada Child Support Enforcement Program collects and distributes child support payments. When income withholding is in place, employers send payments directly to the state program. The program then distributes payments to custodial parents.
Parents receiving support can access their payment information through the Child Support Customer Service Portal. This online system allows parents to view payment history, update contact information, and communicate with the child support office.
Payment Methods
Support payments are typically distributed via prepaid debit card or direct deposit to a bank account. The state previously used the US Bank ReliaCard but switched to the Way2Go Card for debit card distributions. Parents can also request direct deposit to their own bank account for faster access to funds.
Direct payment from one parent to another without going through the state system is risky. Without official documentation through the child support enforcement system, the paying parent may have difficulty proving payments were made if disputes arise.
When Custody Changes
If the person with physical custody of the child changes, the obligation for support automatically transfers to follow the child. The new custodial parent becomes entitled to receive support payments without needing to petition for a new order.
The new custodial parent must provide a written declaration to the child support enforcement office and notify the paying parent of the custody change. This ensures payments are redirected to the correct person and that all parties are informed of the change.
Rights and Responsibilities Under Child Support Orders
Both custodial parents and paying parents have specific rights and responsibilities under the Nevada child support law.
Paying Parent Responsibilities
The paying parent must make all ordered support payments on time and in full. They must notify the court and child support enforcement office if they change address, employment, or phone number. If they experience financial hardship, making payment difficult, they should file for modification rather than simply stopping payment.
The paying parent retains the right to request modification when circumstances change, to receive credit for all payments made, and to clear and accurate accounting of any arrears. They also have the right to spend time with their children as ordered, as visitation and support are separate issues.
Custodial Parent Responsibilities
The custodial parent must use support payments for the child's benefit, including housing, food, clothing, education, and other needs. They must report address changes to the child support office and cooperate with enforcement efforts.
The custodial parent has the right to receive all ordered support payments consistently. They can request enforcement assistance when payments are missed. They must allow court-ordered visitation to occur, as child support and visitation are legally separate issues that do not depend on each other.
Before You File a Divorce in Nevada
The Nevada Child Support Enforcement Program provides valuable services for establishing orders, locating parents, and enforcing payment through wage garnishment, tax refund interception, driver's license suspension, and other mechanisms. These enforcement tools ensure that children receive the support to which they are entitled.
Child support orders can be modified when circumstances change significantly, but parents must act promptly by filing modification requests when changes occur. Support payments that have already accrued cannot be retroactively modified, emphasizing the importance of timely action.
Whether you need to establish a child support order, enforce an existing order, or modify support based on changed circumstances, understanding Nevada's child support system helps you navigate the process effectively. Working with the child support enforcement office or consulting with a family law attorney ensures your rights are protected and your children receive appropriate support.