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What is Wrongful Termination and Retaliation in Nevada?

Do you believe you’ve been wrongfully terminated due to retaliation? You will want to check out what qualifies for wrongful termination and what you can do about it. When it comes to your employer terminating you, you should know that you cannot get fired over discriminatory reasons such as the following:

  • Age
  • Disability
  • Gender
  • Genetic Information
  • Race
  • Religion

Discrimination in the workplace is illegal under Nevada state laws and federal law, even if you are in an “at-will” employment state.

Yet, what many employee’s fail to realize there is another thing that can easily get your employer in trouble and be another reason for a wrongful termination case, retaliation.

That’s what we are going to talk about today. We are going to answer your questions about what exactly retaliatory firing is and what you can do if you feel like that happened to you.

What are the Main Protected Activities?

Under law, employees can be protected under these two broad types of activities. These activities will ALWAYS protect you not to lose your job, even if the employer thinks otherwise.

Reporting Potentially Unlawful Behavior or Unlawful Behavior

As an employee, if you report your employers illegal or potentially illegal behavior, you will be protected against any retaliation or termination. However, you will need to have reported this in good faith and not to retaliation to the employer. You should note that when you report to state or federal law enforcement agencies are protected even internal reporting as well.

Partaking in an Investigation

Did you know that your employer cannot fire you or even retaliate against you, if you are involved in an investigation, hearing, or lawsuit that involves the illegal activities of your employer?

Yup, you read that right. If you were asked or subpoenaed to testify during the case, your employer cannot retaliate against you or fire you for that reason.

Examples of Things You Can Do That Won’t Result in Retaliation Firing

Now, that we discussed the broad two types of things that you can do without being retaliated against, but let’s really sit down and discuss what that means. For instance, what type of activities can you partake in. Below are the approved activities that will fit into one of the above categories:

Reporting Unlawful Conduct

  • Reporting Environmental, safety, and health hazards
  • Reporting harassment and/or discrimination
  • Reporting any USERRA violations including refusal to reinstate or refuse to grant leave, or military discrimination
  • Reporting hour and wage violations

Exercising Employee Rights

  • Using your medical and sick leave rights
  • Taking the time off to serve on a jury or vote
  • Filing your workers’ compensation claim
  • Requesting accommodations for religious and disabilities
  • Refusing to follow through an order that could be assumed as discriminatory

Proving Wrongful Termination and Retaliation in Nevada

When you are trying to prove wrongful termination and retaliation in Nevada, there are three vital steps you will have to follow. These steps are listed below.

  1. You as the employee will need to have proof that you were involved in a protected activity that is labeled above.
  2. You as the employee would have had to have been punished in some way in the workplace meaning losing benefits or a promotion, being fired, or being demoted.
  3. You as the employee will be required to show proof of the punishment you received that was in DIRECT result of your involvement in that protected activity.

It is going to be vital that you demonstrate the connection between the protected activity you were involved in and what punishment resulted because of that activity. The law requires this connection to be established by presenting circumstantial and direct evidence.

Direct evidence would include verbal and written statements that the employee was let go for being involved in such protected activity.

Circumstantial evidence would include inferring that your punishment or firing was a result of your involvement in that protected activity.

Do I Need a Lawyer?

This can sound like a daunting task, especially if you are trying to figure out if what you did was under one of the above-protected activities.

If you feel as if your employer has fired you or punished you and you don’t know where to start with your case, it is best to contact an employment lawyer in Las Vegas for some much-needed help.

This type of case can be very tedious, especially gathering both your direct and circumstantial evidence for your labor board complaint.

When in doubt, contact an employment lawyer for your case, if you do not feel if you can represent yourself in the courtroom.

Medicare in Nevada: Supplement Plans

Trying to figure out what supplement plans you should have when you have Medicare in Nevada? We’ve brought to you the complete supplement plans guide. Last year in 2018, nearly 498,000 Nevada residents received some sort of Medicare coverage, which was reported by the Centers for Medicare and Medicaid Services.

Where Can I Apply for Medicare?

For majority of individuals enrolling in the Medicare Part A is typically automatic when you turn 65 unless you delay your Social Security Retirement Benefits where you will have to manually enroll for your Medicare benefits.

Supplement Plans and Advantage Plans for Medicare in Nevada

First and foremost, Medicare is a health insurance program that is given from the federal government. The Medicare will have a Part A, which is hospital insurance and Part B which is medical insurance.

Some people who get Medicare will be happy with Part A and Part B and choose to not get any other coverage. While others, on the other hand, want to also add on Part D which is the Prescription Drug Plan. Some individuals also enroll in Medigap Plan, which we will talk more about in a few minutes.

Medicare Part C, which is also known as the Medicare Advantage plan is another way to get the Medicare coverage, which consists of Part A and Part B.

However, you will need to keep in mind that each of the above plans will have different expenses and coverage details. For instance, the Medicare Advantage or Part C plan will have different benefits and different plans than the standard Medicare Part A and B.

You should also note that no matter what plan you add on to your standard Medicare Part A and Part B, you will still be required to pay for your Part B premium.

As a Medicare recipient in Las Vegas, Nevada, you should always compare all Medicare plans that is available to you to find the plans that will help your situation and health needs.

Medicare Advantage Plan

The Medicare Advantage Plan is going to be offered through a private insurance company that contracts with Medicare. The Medicare Advantage Plan will offer Part A and B along with more benefits as well.

Medicare Advantage Prescription Drug plan

The Medicare Advantage Prescription Drug Plan will include your prescription drug coverage, so you can get all the benefits you need rolled into one easy plan. You should note that the list of covered drugs can change without notice.

Medicare Prescription Drug Plan

The Medicare Prescription Drug Plan is also known as Medicare Part D. This will cover your prescription drugs. You should also note that the list of covered drugs can change without notice.

Medigap Plan

The Medigap plan is another Medicare plan offered by the private insurance companies that can help decrease your out of pocket costs for treatments that is covered under the standard Medicare plan.

Nevada Medicare Resources

Yes, you read that right, there are Nevada Medicare resources you can utilize.

First and foremost, the Nevada Aging and Disability Services Division is a part of the Nevada Department of Health and Human Services. This division offers many resources and services for seniors who reside in the state of Nevada.

Another great resource is the Senior Medicare Patrol. This resource is a fraud prevention organization, which is fully funded thanks to the federal government with their federal grant. The organization is supposed to teach Medicare recipients on how they can protect themselves from being a victim of fraud.

The Senior Rx program is essentially operated under the Nevada Department of Health and Human Services. The program is only permitted for those that receive Medicare that are on a limited income and have prescription drugs.

The State Health Insurance Assistance Program or also known as SHIP for short is another federal program that is operated at the state level. This program is another great educational resource and will provide personal counseling to people who receive Medicare benefits in Nevada. The program can achieve this through their volunteers they have stationed all over the state.

12 Things You Should Know About Taxpayer Advocate Service (TAS)

Running out of options when trying to deal with the IRS? The Taxpayer Advocate Service may be able to help you. Here’s things you should know about this organization. If you are dealing with issues with the IRS, this can be such a frustrating, stressful, and isolating time for you. You may not know how to navigate all the mumble-jumble tax talk that the IRS is spilling out to you.

You may go as far as feel like you need someone who is expert in this field to help you navigate the tax talk and help you better understand what the IRS is telling you.

Of course, money is an issue. Money is always an issue for many Americans. So, going off and hiring a tax professional may not be in your cards just now. So, you go back to feeling like there is no one to help you and your case.

But that’s the thing, if you come from a low-income family chances of you qualifying for the Taxpayer Advocate Service or commonly known as TAS on the IRS.gov website is great. The Taxpayer Advocate Service can give your assistance with tax code and how the IRS works for free.

Today, we are going to talk about what is the Taxpayer Advocate Service, how it can help you with your tax issues, and vital things you should know about the service.

What is TAS?

You are probably wondering what the Taxpayer Advocate Service is. Well, for starters the Taxpayer Advocate Service is going to be a program that is completely independent from the IRS.

The Taxpayer Advocate Service is here to help protect your tax rights along with helping business owners, small individuals, and even exempt organizations to find a solution to their tax-related problems that they could not have solved on their own through the standard IRS channels.

The Taxpayer Advocate Service also can pinpoint and offer you resolutions to problems that are not only happening to you but happening to many other taxpayers as well.

How Much Money Does the Taxpayer Advocate Service Cost?

You will be happy to know that the Taxpayer Advocate Service is a free service to use if you qualify.

Yes, you read that right, if you qualify, you will get free experienced tax help from a team that knows the tax code laws inside and out.

Of course, using the Taxpayer Advocate Service should be your last resort. You should at least try and solve the problems directly with the IRS before reaching out to the Taxpayer Advocate Service.

How to Qualify for the Taxpayer Advocate Service?

First and foremost, if you are having issues with an income tax issue and you have already tried to solve it with the standard IRS channels, then the Taxpayer Advocate Service can help you.

The Taxpayer Advocate Service can work on a solution with the IRS on your behalf. Essentially the Taxpayer Advocate Service will act like a mediator between you and the IRS.

The Taxpayer Advocate Service may work with you if your case entails the following:

  • You’re going through a financial hardship as a result of your tax situation
  • You’re working with many IRS departments and need help keeping everything sorted.
  • The IRS is lacking in their responses to you
  • The IRS is stating they are going to take immediate adverse action
  • The IRS is not comprehending your unique situation
  • The congressional office referred your tax case to the Taxpayer Advocate Service

How to Get Help from the Taxpayer Advocate Service?

You can get help from the Taxpayer Advocate Service by a few different ways. Here’s how you can get in touch with them for your help:

Phone

You can contact the Taxpayer Advocate Service via the telephone at the following phone number 1-877-777-4778.

TAS Local Offices

You can of course call or visit your local Taxpayer Advocate Service office. Every state including Puerto Rico Pacific and Caribbean United States territories, and the District of Columba will have a minimum of one Taxpayer Advocate Service office, that you are more than welcome to call or visit.

Mail

If the office is too far away and you hate using the telephone, you can fill out the Request for Taxpayer Advocate Service. You will need to ensure that you fill out ALL sections prior to mailing it or faxing it to your local Taxpayer Advocate Service.

Working with the Taxpayer Advocate Service

If you meet the requirements to work with the Taxpayer Advocate Service, then you will be assigned to an advocate who will help you with your problem at hand.

Your advocate will give you their name, employee number, and phone number where you can reach them. They will review the problems that you are having with your tax account and the IRS and efficiently get them resolved.

Your advocate will even help teach you how to avoid your tax issue in the future.

Things You Should Know About Taxpayer Advocate Service

Now that you know some stuff about the Taxpayer Advocate Service, here are 8 more things you may or may not have known about the organization:

  • The Taxpayer Advocate Service acts as your voice when it comes to the IRS.
  • Taxpayer Advocate Service will help taxpayers and even businesses who are struggling financially.
  • The Taxpayer Advocate Service will help you, if you already went through the standard IRS protocol and haven’t gotten anywhere.
  • The Taxpayer Advocate Service will help you understand your rights as a taxpayer when it comes to the IRS.
  • The Taxpayer Advocate Service will assign one advocate that will work worth with you for the duration of your case.
  • The Taxpayer Advocate Service has a minimum of one local office in every state.
  • The Taxpayer Advocate Service has a toolkit that is a great tool and resource and free to use.
  • The Taxpayer Advocate Service handles problems that may impact a wide number of taxpayers.

4 Types of Guardianships in Nevada

Trying to figure out what type of guardianship will work for your situation? Check out your four options for guardianships in Nevada. Can’t decide on what type of guardianship you will need for your situation? If you are currently residing in Nevada, all guardianship cases will be required to go through the courts by Nevada laws for it to be legal.

Guardianship cases are not just about children, they can be about adults, and even estates as well.

Types of Guardianships in Nevada

The most common types of guardianship cases in Nevada are the following:

  • Temporary Guardianship
  • Guardian of an adult or minor
  • Guardian of one’s estate
  • Guardian of an adult, minor along with their estate

Now, we are going to dive into a little more detail of what each of the above guardianships will entail.

Guardianship of an Adult or Minor

When you are filing for guardianship of an adult or minor, you are filing to be the person who will be responsible for that adult or minor to receive adequate care, education, maintenance, and support that they will need.

The guardian of the adult or minor will solely be responsible for ALL medical and personal decisions that they cannot make on their own.

Guardianship of One’s Estate

When you are filing for guardianship of someone’s estate, you are filing to be the person who will preserve, protect, dispose, and manage the estate in the way that in the best possible interest of the person who owned it.

In this type of guardianship, you will only ever be responsible for the financial aspects. So, you will not make any other decisions except financial decisions.

You can find ALL responsibilities and legal duties in the Nevada Revised Statutes that correspond with the guardianship of one’s estate.

Your responsibilities will typically include the following:

  • Filing annual accountings with the court
  • Selling stock
  • The sale of the person’s personal property
  • Closing bank accounts
  • Managing all income

Guardian of an Adult, Minor Along with Their Estate

When you are filing for guardianship of an adult or minor along with their estate, you are filing for the responsibility of making social, financial, and medical decisions for the person.

However, you will also be responsible for their estate as well. Before you file, you will want to check out the Nevada Revised Statute 159 to get all responsibilities and legal duties spelled out to you.

Temporary Guardianship

Now, the last type of guardianship will be the temporary guardianship. Temporary guardianship is where a judge will grant you an emergency order to be the guardian of this protected person. This will typically happen in cases that involve the following:

  • Protected person is in immediate risk of physical harm, financial loss, or needs medical attention.
  • Protect person cannot make the necessary medical decisions on their own
  • You, the petitioner has followed NRS 159.047 and notified the correct persons.

Pest Be Gone! How to Stop Collection Calls?

Tired of debt collectors calling you all hours of the day? Here’s what you need to do to get your sanity back once and for all. At one time or another, we have received those pesky, pesky, and annoying calls from debt collectors. They can be one of the most annoying types of calls to the point where you think about changing your numbers to end contact with them.

However, what most people do not know there is a better way than changing your number when dealing with collection calls.

What Times Can a Debt Collector Call?

Did you know that those pesky debt collectors are supposed to abide by the Fair Debt Collection Practices Act?

Yes! The Fair Debt Collection Practices Act is a federal law that gives strict guidelines of what they can do and what they cannot do when they are trying to collect a debt.

First and foremost, what many people do not know is that debt collectors cannot call you pertaining to a debt that you do not legally owe.

During the first contact, a debt collector will be required to send you verification of the debt, if you were to request it. However, if the debt collector fails to send you verification of the debt, then by the federal law they cannot be in contact with you any further.

Even if you do not ask for the verification of a debt, debt collectors will still have to follow certain guidelines when they are contacting you via the telephone.

For instance, debt collectors cannot ring your phone prior to 8 am and cannot ring your phone after 9 pm. Debt collectors also cannot call you repeatedly or call you during times you have told them is inconvenient.

How to Stop Collection Calls

Unfortunately, to everyone’s dismay, there is NO law that says debt collectors that they cannot call you via telephone. So, if you decide to answer the call and hang up on them, there is nothing they can really do about that situation.

However, if the debt collector repeatedly calls after you have hung up on them every single time, then the debt collector is violating the Fair Debt Collections Practices Act.

Letter to Creditors to Stop Calling

Did you know that you can stop debt collectors from contacting you via the telephone by writing them a letter?

You got that right! When you send a letter also known as the cease and desist letter, the debt collector will not be permitted to contact you via the telephone, but they will be required to send you all future correspondences through letters.

Even though you will still get written communication from the debt collectors, but that is something that you can keep for your records of everything that is/being said to you. And in the chance that the debt collector violates the Fair Debt Collections Practices Act, you will have evidence that could result in you winning a lawsuit.

What is a Cease and Desist Letter?

A cease and desist letter are going to be the letter you will send the debt collectors for them to stop calling you.

In a cease and desist letter it will only apply to the third-party debt collectors who are trying to collect the debt from the company you originally created the debt with.

You should note that the Fair Debt Collections Practices Act states that the cease and desist will not apply to the original creditor. If they want to contact you, they will still be able to contact you via the telephone.

What Happens After I Send the Cease and Desist Letter?

Once the debt collection agency gets your cease and desist letter, they have one more option to communicate with you through the mail stating that you should know these three things:

  • That the efforts to collect the debt will be terminated
  • That the debt collector can take specific actions
  • That the debt collector is going to take the specific actions

Make sure when you send your cease and desist letter that you send it through the certified mail along with the return receipt requested. This will give you the proof that you need that not only the letter was sent, but it was also received by the debt collector.

So, if the debt collector decides to contact you via the telephone after this letter was sent, then you can file a lawsuit against them for violating the law.

Tax Concerns for Working Nevada Families

Have some tax concerns in the state of Nevada? Check out our helpful guide to answer the tax questions that are keeping you up at night. When you are counting your every penny to support your family, that typically means every penny matter. But, when it comes to tax time, that can either be a good time of the year because you get a wealthy tax refund, or that could mean a devastating time of the year because you owe Uncle Sam some serious change.

Here are some tax issues for working Nevada families or just some issues that you should know about prior to tax time.

Nevada Income Tax

States unlike Nevada, have personal income tax laws. These personal income tax laws are put in place to help pay for services that include road maintenance and construction, police budgets, and even schools.

Just like federal income tax, the state income tax will be calculated as a percentage of your employment income.

Even some states decided they are going to use a variable tax rate that is dependent on how much money you make.

Nevada Consumer Tax

Besides the personal income tax, the state of Nevada has a pretty complex consumer tax law. The consumer tax law will add an additional surcharge to consumer goods such as alcohol, gasoline, gambling, and even cigarettes.

To be honest, when it comes to consumer tax, Nevada is the 8th highest tax rate in the United States. So even though, residents will not be required to pay personal income tax, they will end up making it up in their consumer tax.

Child Support and Taxes

If you are the one paying child support or if you are the one receiving the child support, there is always a thought in the back of your head if you must pay taxes on it or if it is tax deductible.

To be honest, it is a great question though!

So, we are going to answer all your child support and tax questions you may have today!

In Nevada is Child Support Taxed?

The answer to this question is going to be no. In the state of Nevada, child support is not taxed. The money that you will receive for child support is known as tax-free money. So, if you are the one receiving the child support payments, you can spend it as you see fit. You will not be required to report the money as income on your tax return.

Can I Put Child Support as a Deductible on My Tax Return?

The answer to this question is going to be no. Your child support payments cannot be used as a deductible on your tax return in the state of Nevada. You should know that the money you send to the other party for child support will be taxed on. That is a part of your income, so it will be taxed just like the rest of the income.

Is Alimony Payments Tax Deductible?

The tax rule has changed in 2019. As of the new tax rules in Nevada, alimony payments cannot be deducted from your income on your taxes.

However, this will only go for new divorces that were finalized AFTER January 1, 2019. If your divorce was finalized prior to January 1, 2019, then you can still deduct your alimony payments like normal.

What are the Requirements for Filing a Divorce in Nevada?

Ready to file for a divorce in Nevada? Before you go through with that make sure you know all the requirements you need file. Click here for more information. If you are getting a divorce in Nevada, you will be happy to know that it is pretty much straightforward procedure.

However, to ensure that your divorce runs as smoothly as possible, you will want to ensure that you are complying with all of Nevada’s requirements and state rules.

Today, we are going to go over a broad overview of how you can get a divorce in the state of Nevada and what documents you will need to get the ball rolling.

Residency Requirements for Filing for Divorce in Nevada

By state Nevada, is going to be one of the only no-fault divorce states within the United States.

What does a no-fault divorce state mean?

Great question. It is where you do not have to list the reasons why you want a divorce from your spouse while you are filing your complaint.

Essentially instead of blaming one or the other, you can choose either living apart for the past year or incompatibility.

However, before you can file for divorce in the state of Nevada, your spouse or you must be residing in the state for a minimum of six weeks.

When filing you can either file in one of three counties such as:

  • The last county you guys lived as a married couple
  • The county where you currently live in
  • The county where your spouse currently lives in

Nevada Divorce Requirements: Paperwork

When you are getting a divorce in Nevada, you will have three routes to choose from.

First and foremost, if your spouse and you agree to all the main issues regarding the divorce, then you can easily file for a Joint Petition.

If you are your spouse is not on the same board with all the issues regarding your divorce, then you will need to file the standard Compliant for Divorce.

If you go down and decide to file the joint petition, you will need to have the following documents filled out and ready to go:

  • Original and 3 copies of your Decree of Divorce
  • Affidavit of Resident Witness
  • Child Welfare and Identification Sheet
  • Certificate of Service or Waiver

Now, on the other hand, if your spouse and you cannot agree to the main issues regarding your divorce, you will need to file a complaint. When filing your complaint, you will also need to file the below documents as well:

  • Summons

Dependent on the issues and minor details that surround your divorce case, the county you are filing in, may require you to produce additional documents. Some of the common additional documents include the Joint Preliminary Injunction and the Family Court Cover Sheet.

However, the state of Nevada also has a third type of divorce which is called the summary default divorce by affidavit or summary divorce for short.

Now, this divorce route will be the most inexpensive, yet fastest way to get a divorce in the state of Nevada.

To qualify for this divorce, both you and your spouse will have to agree with ALL issues regarding your divorce. This means you will have to agree on an amount of spousal support or waive your right to obtain spousal support. You and your spouse will also have to let go of your right to appeal, right to a new trial, along with your right to get the notice of your final decree of divorce.

In order to go ahead with the summary divorce, you will need to fill out and file a special affidavit with the Nevada court along with attaching a copy of your settlement agreement with your spouse. This affidavit will be required to state the following:

  • All information in the affidavit is true
  • You complied with the residency requirements
  • All information in the affidavit can be admissible in the Nevada court
  • The affidavit has factual support to go with every allegation
  • That you are competent when signing the affidavit

Then it will be up to the Nevada court to either accept or deny your affidavit. If the Nevada court accepts your affidavit and approves your settlement agreement document, they will finalize your divorce without having to endure a hearing.

File Your Forms with the Nevada Court

Once you have decided on which route to take when getting your divorce, the next step is going to be to gather all documentation needed, fill out the forms following the instructions, and fill them with your clerk of court’s office within the county you decide to file in.

Keep in mind that every county may require a different number of copies of the above documents. You will also want to keep one copy of each document for your own personal records.

Serving the Divorce Papers

Under the Nevada law it will require that the party who files for the divorce to also “serve” the divorce documents to the other spouse.

Now, you can “serve” the papers though the sheriff’s service, the mail, or a third-party process server. If for some reason you are not able to locate your spouse, then you are obligated to publish a notice in your local newspaper as the final option. However, when using this option, you will need to prove to the court that you were not able to locate your spouse whatsoever.

When the other spouse gets the divorce papers, they will have 20 days to file one of the below responses:

  • Complaint for Divorce Answer
  • With children the Complaint for Divorce and Counterclaim Answer
  • Without children the Complaint for Divorce and Counterclaim Answer

If both your spouse and you come to an agreement prior to the divorce case moving forward, and you file your settlement agreement with the court, this will end up saving you time and money in the long run.

What is the Taxpayer Bill of Rights?

Did you know as a taxpayer you have a set of rights when dealing with the IRS? Click here to learn more about your vital rights as a taxpayer. Did you know as a taxpayer you have a set of rights? You didn’t? Not many people do. As a taxpayer, you will have a set of rights that you should ALWAYS be aware of when you are communicating or even having to deal with the IRS.

Now, that you know that there are rights as a taxpayer, you are probably wondering what are these rights?

Today, we are not only going to get into what are these rights, but what they also entail and how they will protect you as the taxpayer.

What is the Taxpayer Bill of Rights?

If you are new to this taxpayer bills of rights, you will not know as a taxpayer you will have 10 rights. These rights are put in place to protect you when you are dealing with the IRS.

These rights are as follows:

  • Appeal an IRS Decision in an Independent Forum
  • Be Informed
  • Challenge the IRS’s Position and Be Understood and Heard
  • Confidentiality
  • Fair & Just Tax System
  • Finality
  • Pay No More Than the Correct Amount of Tax
  • Privacy
  • Quality Service
  • Retain Representation

Now that you know your 10 rights as a taxpayer, let’s go into a little bit more detail about each of these rights.

Be Informed

As a taxpayer, you will have the right to be informed. You will have to right to know what exactly they expect from you to comply with certain tax laws.

You are entitled to having clear expectations of the IRS procedures and tax laws when it comes to all correspondence, instructions, notices, and publications from the IRS.

You will also have the right to know about ALL IRS decisions when it comes to your tax accounts. You will also be required to receive clean-cut explanations of all outcomes that pertain to your tax account.

Quality Service

All taxpayers have the right to not only receive courteous, prompt, and yet professional service when they are doing business with the IRS. The IRS is responsible for speaking to EVERY taxpayer in a clear and easy to understand way. All communications with the IRS should be where you understand what they are saying, especially if they are giving you directions on your tax account.

If you feel like you are not getting this quality service, you will want to ask to speak with a supervisor about the lack in service that you received.

Pay No More than the Correct Amount of Tax

As a taxpayer, one of the most important rights is pay no more than the correct amount of tax. You will NEVER be charged more tax than the correct amount that is legally due. This will also include penalties and interest in certain tax cases, but you will be 100-percent aware of this prior to paying as well.

Challenge the IRS’s Position and Be Understood and Heard

You as the taxpayer will have the right to challenge the IRS on their position. However, when you do this, you will be required to provide the IRS documentation with your response on why you believe their position is wrong.

The IRS will then go over your position on why you believe they are wrong in a quick and timely manner.

Appeal an IRS Decision in an Independent Forum

You as the taxpayer will also have the right to a fair, yet impartial administrative appeal on majority of the IRS decisions when it comes to your tax account. These decisions will typically include the penalties that you may have received. You will get a written letter about your decision from the Office of Appeals.

Keep in mind, you as the taxpayer will have the right to take your case to court. If you choose this route, you will need to have concrete documentation proving the IRS was in the wrong in their decision on your tax account.

Finality

You as a taxpayer will be required to know the maximum amount of time that you will have to challenge any of the IRS’s position on your tax account.

You as a taxpayer will be required to know the maximum amount of time that the IRS must audit a specific tax year.

You as the taxpayer will be required to know the maximum amount of time that the IRS must collect your tax debt.

If the IRS audits you, you as the taxpayer will be required to know when the IRS has finally finished their audit on you.

Privacy

You as the taxpayer will have the right to know that your privacy is one of the top concerns when it comes to the IRS.

You should always expect that the IRS whether you are just inquiring, or if the IRS is examining your account that your privacy is safe with them.

If the IRS does not keep your information private information, there will be an enforcement action that you can take against the IRS.

Confidentiality

You as the taxpayer will have the right that any information that you give to the IRS will NOT be given to ANYONE except any other authorized person stated by law or the taxpayer.

You as the taxpayer will have the right to expect any and all appropriate actions will be taken against ANYONE including return preparers, employees, and others if they misuse or disclose ANY personal tax information.

Retain Representation

You as the taxpayer will have the chance to get an authorized representative of your choice to represent you and your tax account when dealing with the IRS.

If you are from a low-income family, you as the taxpayer will have the right to get assistance from ANY of the Low-Income Taxpayer Clinics, if you are in no position to be able to pay for representation.

Fair and Just Tax System

You as the taxpayer will have the right to expect that the tax system is fair and just. You can expect that the tax system will consider all circumstances and facts that may affect your liabilities, ability to provide information in a timely manner and the ability to pay.

You as the taxpayer will have the right to get assistance with the Taxpayer Advocate Service, if you are going through a financial hardship or if the IRS itself has yet to resolve their own tax issues in a timely manner.

Being Served with Divorce Papers? Now What?

Did you just get served with your divorce papers? Before you start going on a downward spiral, find out how easy it is to navigate the finalization of your divorce here. Whether you saw this coming or you had no idea, getting served with your divorce papers is a stressful and sometimes highly emotional situation.

You have just concluded that your marriage is completely over, if you like it or not. You now must figure out how to respond to these divorce papers for your wife or your husband.

It’s just not an experience anyone wants to go through. But, while you are going through this time in your life, you will want to continue reading your step by step guide that will lead you through this sobering experience.

Step 1: Being Served with Divorce Papers

If you know divorce papers are coming your way, you should NEVER try to avoid being served. Let’s just get that out of the way. It does not and will not end well that way either.

When you finally get served with your divorce papers, you are going to want to look them over and read every single page.

What Happens When You Get Served Divorce Papers?

When you get served with divorce papers, like we have mentioned above, you are going to need to look them over and file a response with the court.

Getting served with divorce papers typically means the marriage is not salvageable, between the parties.

How Long Do I Have to Sign Divorce Papers?

While doing this you are going to want to make any notes of any dates listed on these divorce papers. When we say dates, we mean the date that you will need to have filed your response with the court. To be on the safe side, you should mark that date on your calendar, whether that is in your phone or in your home somewhere.

Typically, the court will give you around three or so weeks for you to file your response to the court, but you do not want to miss that very important date.

Please Note: By you NOT responding, this won’t STOP the divorce from happening. All this will do is tell the court that you are not interested in being involved within this divorce and they can go through this process WITHOUT you.

Another Note: If you and your spouse have a temporary custody order, and you decide to not respond, your spouse may have the chance to take the children AND have sole custody of the children until the hearing date. Therefore, you should ALWAYS respond and read over the papers thoroughly.

Step Two: What to do? Hire Legal Counsel

Right here, you will have a few options, if you were served with your divorce papers. If money is not an issue for you, then it may be best to hire a private attorney.

If that is the route you want to go down, then you should start looking for one immediately. As we said, you will only have around three weeks for you to file your response with the court.

However, if money is an issue in your situation, and you have been served with your divorce papers, you will want to investigate using a legal advocacy group instead of using a private attorney.

A legal advocacy group will help you with your legal representation in court. They will help you get your paperwork filled out, organized, and compiled together. They will not be there in the courtroom, but they will ensure you are ready to represent yourself in court to the best of their ability.

Step Three: File Your Response with the Court

When you finally file your response with the court on your divorce papers, the judge will more than likely want to have a meeting with your spouse and you to see if you can settle this case civilly, or if this is going to be a battle for life or death.

If your spouse along with yourself agree to settle this case civilly and can agree to majority of the stipulations that goes along with the divorce such as who will have the primary residence, who will have the children most of the time, etc. then this divorce will be easy, quick process.

By chance, if you and your spouse are not able to come with some sort of compromises on the stipulations of your divorce, then it is not time to worry just yet. This will not mean you are going to have such a messy divorce and it is going to drag on forever and a day. This doesn’t even mean that you will have to go to trial. Because, we can assure you that only about 5-percent of divorces actually go to trial, the other 19 cases will typically always be settled outside of the courtroom.

Step Four: Find a Mediator

For many of the divorces, the next logical step will be to seek out a mediator for their services after you have served your divorce papers.

What is a mediator, you may ask?

A mediator is going to be a third party who will remain neutral. The mediator will help your spouse and you to come to mutual agreements as you both are going through this divorce.

Step Five: Compose a Child Plan

If you and your spouse do not have children, you can skip this step.

Now, if you do indeed have children with one another, you and your spouse will be required to create a child plan or what is also known as a parenting plan, which will give you and your spouse time with your children.

If you cannot agree to a plan, the mediator from step four can help you in most cases. It is best to settle this among each other, because you may or may not like what the judge must stay, if he or she must come up with a plan for you.

Step Six: Settle Outside or Inside Court

Now, you are going to be finally at the point of either needing to settle inside or outside of the courtroom.

If you and your spouse have agreed to just about everything, your divorce should, for the most part, be ready to be finalized. If your spouse and you were having issues, you may have a court date set up already.

Now, if you have a court date already set up, you do not have to settle at that court date. Most divorces will get settled prior to the court date.

However, we will say that it is going to benefit you, in the long run, to come to a settlement with your spouse. This is since court cases such as these can cost you a lot of money and drag on for months and sometimes years.

Your legal counsel will help you weigh out your options as to what to choose.

Step Seven: Now What? Start a New Life

After your divorce has been finalized, you are going to feel worn out and, in some cases, traumatized. It is going to be a natural feeling, to be honest.

Now, it is going to be the hardest part… starting over. Yes, you will need to take care of your financial situation all from scratch now. You were either left the house and/or debt, along with having to rebuild a life that you once thought was comfortable.

This process can take months to a few years to get back on track, but in the end, this step will be completely up to you and how you look at it.

How to Qualify for a U Visa? & What do I Need?

Are you victim of a heinous crime and suffered physical and mental abuse? Read our guide to help you see if you qualify and the forms you will need to submit your application.The U visa or what is commonly referred to as the U nonimmigrant status is going to be solely for victims of specific crimes who underwent physical or mental abuse and are currently in the process of helping government officials or law enforcement agencies in the prosecution or investigation process of these criminal activities.

The United States Congress made the U nonimmigrant visa thanks to the passage from the Victims of Trafficking and Violence Protection Act back in October of 2000.

The United States legislation made the U nonimmigrant visa to help give that extra leverage to the various law enforcement agencies to help them prosecute and investigate these cases that consist of:

  • Sexual Assault
  • Domestic Violence
  • Trafficking of Aliens

They did this so not only they can prosecute and investigate these crimes, but also protect the victims of said crimes who already underwent severe physical and even mental abuse at the hands of these abusers. Plus, this was just an added way for law enforcement agencies to better help these abuse victims.

U Visa Requirements

In order to get a U nonimmigrant visa, you must meet the following requirements before you can apply using the application:

  • You are the victim of the specific qualifying criminal charges (see below)
  • You underwent great mental and physical abuse while a victim of these criminal activities
  • You have pertinent information about said criminal activity
  • You helped law enforcement agencies with their investigation and their prosecution of the criminal activities
  • The criminal activity took place in the United States and broke the United States Laws
  • You are permitted to the United States. If you are not, you will need to fill out the Form I-192, which is known as the Application for Advance Permission to Enter as a Nonimmigrant

U Visa Qualifying Crimes

The below crimes are the ONLY crimes that will qualify you to get the U nonimmigrant visa. Keep in mind that these crimes needed to have happened on United States soil.

  • Abduction
  • Unlawful Criminal Restraint
  • Abusive Sexual Contact
  • Witness Tampering
  • Blackmail
  • Trafficking
  • Domestic Violence
  • Torture
  • Extortion
  • Stalking
  • False Imprisonment
  • Slave Trade
  • Female Genital Mutilation
  • Sexual Exploitation
  • Felonious Assault
  • Rape
  • Fraud in Foreign Labor Contracting
  • Sexual Assault
  • Hostage
  • Prostitution
  • Incest
  • Perjury
  • Involuntary Servitude
  • Peonage
  • Kidnapping
  • Obstruction of Justice
  • Murder
  • Manslaughter

How to Apply for a U Visa?

To apply for your U nonimmigrant visa, you will need to handle the following things:

  • Fill out Petition for U Nonimmigrant Status Form I-918
  • Fill out Supplement B, along with U Nonimmigrant Status Certification Form I-918
  • If you were NOT permitted in the United States, you will need to fill out the Application for Advance Permission to Enter as a Non-Immigrant Form I192
  • A statement made you recount the criminal activity that made you a victim

If you are currently NOT in the United States, but the crime happened on US soil, you can apply using the following procedure:

  • You will be required to file the above forms and submit them to the Vermont Service Center
  • You will need to follow all instructions that you receive from the Vermont Service Center
  • If you are approved, you will need to have an interview at the United States Embassy with a consular officer

How to File for Qualifying Members of the Family?

When it comes to U nonimmigrant visa, there will be certain family members that will be eligible for a U visa based solely on their relationship to you. However, first and foremost, you will need to be approved prior to you getting your family their own personal derivative U nonimmigrant visa.

If you are 21 and under, you can apply for your spouse (if applicable), parents, any siblings who are 18 and under and NOT married, along with your children.

If you are 21 and over, you can apply for your children and spouse ONLY.

You will need to fill out the Supplement A, Petition for Qualifying Family Member Form I-918 either while you are applying for your U nonimmigrant visa or after you have already been approved.

U Visa Processing Time

The U nonimmigrant visa processing time is going to be a long one. Do not think for a second this process is going to be quick and easy and you will be in the United States within a few months.

Majority of the time, this process from the moment you submit your application to the time your application is approved can take up to 5 years or more. This is since the US Citizenship and Immigration Service can take years just before they even take one look at your application.

Procedure for Filing a Contested Divorce: Full Nevada Guide

Are you currently going through a contested divorce? Are you nervous of the process? You’ll want to check out the full guide for step by step procedures for filing a contested divorce. When a contested divorce happens, this is since you and your spouse are not capable of coming to a compromise or an agreement on various issues that include child custody and the placement of your marital assets.

When these situations arise, then it causes the litigation process to take THAT much longer to officially wrap up.

When you and your spouse cannot agree on these situations in your divorce, this is when you should invest in a divorce mediator. Sometimes a divorce mediator can help you settle your disagreements before your court date, or the court will be the one who will make the final decision on all issues you and your spouse could not agree upon.

However, if you are going through a contested divorce, there will be a few steps you will need to handle. Here’s your step by step guide.

What is a Contested Divorce?

You are probably wondering what a contested versus uncontested divorce is. Well for starters a contest divorce in the state of Nevada is where the two parties cannot come to an agreement on main stipulations on how to divide the marital assets, who will have the children most of the time, etc.

How Long Does a Contested Divorce Take?

A contested divorce will take an unknown amount of time. It is going to depend on if you can come to an agreement within a reasonable time, or if you are going to have to go through the divorce court to get your divorce finalized.

Procedure for Filing a Contested Divorce

Now that you know a bit about what a contested divorce is, let’s get into what the procedure for filing a contested divorce will entail. We are going to go over everything you will more than likely encounter during this process.

Consult with Your Attorney About Your Contested Divorce in Nevada

If you haven’t already, you will need to get an attorney for your divorce case. It is best to first consult with a few attorneys and when you finally find someone that you think will represent you the way you need/want, choose them.

Your attorney is going to get to know you well. As a matter of fact, your attorney will do a very thorough interview with you. This interview is where your attorney is going to collect the vital documents that cover your children, assets, and anything else that they feel is vital to the case.

Then your attorney will look everything over, and they will tell you what they feel you should get and what your spouse should get. If you agree, they will draw up your divorce petition and then go to the court and file it for you.

This entire process will be a lot of work for you. You will need to go and make sure you have all the vital documents your attorney will need or ask for. These documents will be about your marital assets, marital debt, child support, child custody, and your alimony.

Serve the Divorce Petition

Once your attorney officially files your divorce petition with the court, then the court will serve your spouse with the petition. Your spouse will either be served by mail, in person, or even by a deputy sheriff.

If for some reason your spouse cannot be located, they will publish a notice in your local newspaper. They will give your spouse some time to respond before they decide to go on without your spouse’s involvement.

In the state of Nevada, the court will be required to ensure that your spouse was served their divorce petition. Typically, this will be done either with a sheriff’s deputy or a process server.

Responding to the Divorce Petition

Your spouse will have about 30 days from them being served to file their response with the court. However, if your spouse chooses to NOT respond to the divorce petition, then they will be in default. If this happens you will be able to get a default judgment in your divorce case.

But, if your spouse does file their response, then your divorce case will go on to the discovery and settlement stages.

Discovery

Alright, now we are at the discovery part of this procedure. What is the discovery part, you may ask?

This is the part where both parties will be able to come and collect ALL detailed information regarding marital income, assets, child custody, and anything else that is going to be relevant to this divorce.

This part of the procedure is completely done by depositions, document requests, and interrogatories.

You should know that during this step, both parties could ask for alimony or temporary orders for child support from the court as well.

Keep in mind that there is a certain timeframe where both parties will need to respond to the discovery request. Most of the time the parties will miss that deadline in order to hide some assets or slow the divorce process.

Settlement

What you may or may not know, is that most judges encourage both parties to come to some sort of compromise or an agreement prior to their final court date.

Judges do not like to have to make the final decision on anything that is not their personal life. So, judges will have you go through mediation, where you and your spouse will sit down in a room with a mediator to see if you cannot come to some sort of agreement.

If you and your spouse still cannot come to an agreement during this phase, then your divorce will continue, and you will have to head on over to divorce court.

Divorce Trial

Now that you are at your divorce trial, you and your spouse will need to have your witnesses. Each party will have the chance to cross-examine the witnesses along with producing your closing arguments.

Ultimately the judge will hear out both sides of the story during the trial. The judge will be the one who will have to come to the decision regarding the divorce case.

Post-Trial Motions

When your divorce trial is over, and the judge has officially signed the order. Then you or the other party can file a post-trial motion for relief for the final judgment.

You will have to file this post-trial motion within 30 days from the date the judge signed the order. Then the other party will have another 30 days to respond to said motion.

If your post-trial motion, is approved then you alongside your attorney will be able to debate on why you believe the ruling was unfair.

Appeal

Now, on the other hand, let’s say your post-trial motion was denied. Then you will have 30 days to file an appeal. If you are the one appealing, you will have a couple of months to file with the lower court records.

Then the other party will have about a month to file his or her response.

Overpayment of Unemployment Benefits: What to do?

Received a notice from your state unemployment office that you were overpaid in your benefits? Take a deep breath and read this guide on what is your next step to fixing this problem. You may or may not be awarded with unemployment benefits, when you lose your job at no fault of your own. These unemployment benefits will be here to help you pay your bills such as your rent/mortgage, utilities, and food while you are trying to locate your next job.

Once you get your next job and have a paycheck coming in, you may be thinking if you will need to pay back these unemployment benefits that you lived on for a while.

Well, there is good news for you, you will NOT be required to pay back your unemployment benefits unless they paid you in error or you committed fraud.

Overpayment of Unemployment Benefits

Yes, as we mentioned above, the only time you will be REQUIRED to pay back your unemployment benefits, if they paid you in error. This will also go for overpayments as well. You are 100-percent correct; you will be required to pay back your overpayments because of THEIR errors.

However, you are probably wondering how in the world can such an entity make an error? First and foremost, we are all humans. But another reason for this error to have happened was your former employer finally contested your unemployment claim successfully.

Now, if that was the case, the state in which you reside would have concluded that you were NOT eligible for unemployment benefits. Which in return, would require you to pay back the unemployment benefits that was not legally yours.

How I will be Notified About Unemployment Overpayment in Nevada?

Typically, you will be notified by the DETR Nevada unemployment office by mail that you have received an overpayment of your unemployment benefits.

In this notice that you will receive, you will get the reason, which leads to this overpayment of unemployment benefits, how much you owe, if there are penalties associated with this, information and resources on how to appeal, along with vital instruction on how to pay the balance you currently have.

Waivers & Appeals

If you are certain that this notice you have received in the mail is not accurate whatsoever, you have full legal rights to appeal this decision.

If you were in fact overpaid from the unemployment office, you can ask your state unemployment office for a waiver. This waiver may be able to help you avoid paying your full or partial balance of the benefits you received. In many cases, you will have to provide documentation of financial hardship for you to obtain the waver or even to start a payment plan with the state unemployment office.

However, in the state of Nevada, you will have the opportunity to sit down for a hearing after you file your appeal. The hearing is just going to be one of the informal proceedings that is held by the administrative law judge. The administrative law judge will go over all the evidence that is given during the hearing. Then the administrative law judge will have to make the decision if you were entitled to these unemployment benefits or if he sides with the office and it was given to by error.

For this appeal process, it will be best to get in contact with an attorney to help you make sure you have all the correct documentation that proves that you were entitled to your unemployment benefits.

What is Battered Spouse or Child Waiver? And How to Get One

Are you a battered spouse? Do you not know where you can turn? You are not alone. Find out how you can get a VAWA waiver and what you need to do here.If you are a battered parent, spouse, or child, you will be happy to know that you can file for an immigrant visa petition directly under the Immigration and Nationality Act, which is adapted by the Violence Against Women Act or VAWA for short.

The Violence Against Women Act has provisions within the Immigration and Nationality Act that will allow specific children, parents, and spouses of United States Citizens along with certain children and spouses of permanent residents (those who have their green cards) to file a petition for his or herself, without needing the abuser to know what they are doing.

This right here will allow victims to seek the independence and the safety that they ever so need. This will allow them to get away from their abuser without their abuser knowing what they are doing, what their plan is, and where they are going.

You should know that the Violence Against Women Act provisions, will not only just allow women to apply, but will allow men to apply as well. That both will not require any sort of congressional reauthorization.

Important Resources

If you feel as if you are in immediate danger and cannot wait for this waiver process to pan out, you will want to get in contact with the National Domestic Violence Hotline at 1-800-799-7233. The National Domestic Violence Hotline will have all information on mental health care, shelters, assistance, and legal advice. If you cannot call the National Domestic Violence Hotline, you can always visit them on the web as well.

Who is Eligible for a VAWA Waiver?

Certain spouses, parents, and children will be eligible for the VAWA waiver. We are going to go into further detail about the eligibility requirements of each person.

Spouse

You can file for a VAWA waiver for yourself, if you were an abused spouse of a United States Citizen or someone who has their green card and is a permanent resident in the United States.

You can also file for a VAWA waiver if you are an abused spouse with a child who has also been abused by the United States citizen or someone who as their green card and is a permanent resident in the United States.

If you have a child and they are under the age of 21 and have not filed for a VAWA waiver for themselves, you can add them on your petition as well.

Parent

You can file for a VAWA waiver as a parent if you are a parent of the United States Citizen and have been abused by them.

Child

You can file for a VAWA waiver for a child, if they have been abused and unmarried along with being under the age of 21. Just like we have mentioned above, you can include them on your abused spouse petition as well.

What is the Filing Process?

First and foremost, you will be required to fill out the Form I-360, Special Immigrant, or Petition for Amerasian Widow(er) along with including all vital pieces of documentation. Then you will need to file the above forms at the Vermont Service Center.

However, if you are not currently living within the United States during the time you are going through this process, you should know that you will only be allowed to file the Form I-360 if your abuser is employed by the United States Government or the abuser is a part of the uniformed services.

But, if you are going to be self-petitioning a child or a spouse and you meet all the above requirements to file, you will then receive a Prima Facie Determination Notice. This notice will ONLY be valid for a mere 150 days. This is what you will need to present to the government agencies that can then help get you in contact with a variety of public benefits that help victims of domestic violence.

Keep in mind if your Special Immigrant, Amerasian Widow(er), or your Form I-360 is approved, then you will not have to have any sort of legal immigration status within the United States. This will, however, allow you to stay within the United States as well.

Battered Spouse or Child Waiver & Working in the United States

If your Form I-360 has been approved, then you can start applying for jobs within the United States.

Even if your Form I-360 had the deferred action placed on it, you may still also apply for work within the United States.

In order for you to apply for work while you are in the United States, you will be required to fill out and file Form I-765. Form I-765 is going to be the Application for Employment Authorization.

If you listed your children on the approved I-360 form, they may also work within the United States as well.

Can I Become a Permanent Resident?

If your I-360 form was approved, then you may have the chance to file for your Green Card. If you went through self-petitioning for you and your children, then all your children would have needed to be on the approved I-360 form to be able to apply for the Green Card.

Is a Marriage Annulment Right for You?

Are you at your wits end and cannot decide on getting a marriage annulment or just filing for divorce? Here’s what you need to know, if you go with an annulment. Are you no longer in love with the person you thought you would spend the rest of your life with? Have you been looking for ways out of the relationship and to end it for once and for all?

Cannot decide between either getting a divorce or going for an annulment?

Today we are going to cover what an annulment is in the state of Nevada and the pros and cons of each choice you have.

Annulment vs Divorce

Right now, we are going to start off with talking about annulment vs divorce. Because not many people know how they are similar and how they are drastically different.

First off, divorce and annulment will be done through the courts of Nevada. These options will both dissolve and in simpler terms, end a marriage.

However, an annulment is going to differ from a divorce being that an annulment will act like the marriage never even happened in the first place.

While divorce will still end your marriage, but it will be known that you were once married to someone prior. However, even in 2019, there are still people who think divorce is a nasty, nasty word and carries a horrible stigma, so they rather choose to have an annulment rather than get a simpler divorce.

Types of Marriage Annulment in Nevada

What you may or may not know is there are a few different types of annulments you can get while you are in the state of Nevada.

You should never confuse a religious annulment with a civil annulment.

You are probably wondering what in the world is a religious annulment, if you are religious or belong to a strict religion, you will know divorce is heavily frowned upon. If you would like to get remarried, it is next to impossible to get remarried within the same church.

Well, there is a thing where you can get a religious annulment where you would have to go to your church or religion of choice to get your marriage annulled through them. However, this is not a legal binding thing. This won’t dissolve your marriage with the Nevada court, but will allow you to get remarried within that same church or faith once again.

While on the other hand a civil annulment is going to be the legal binding procedure with the Nevada court.

How to Get an Annulment? Requirements Must be Met

You should know that you cannot get an annulment for just anything in the state of Nevada, there are only certain reasons, or on certain grounds that an annulment will be approved.

However, those certain reasons are listed below:

  • The lack of insanity or understanding when it comes to your spouse or you
  • The lack of consent of guardian or parent, in cases where this applies.
  • The lies and/or fraud by either your spouse or you that started this marriage in the first place.
  • The marriage should never have been done since it was illegal as you and your spouse were related too closely
  • Your spouse or you were already married to someone while you got married again

What is the Process to Get an Annulment in Nevada?

For you to officially file for an annulment in the courts of Nevada, you or your current spouse, will have to reside in the state for a minimum of six weeks before you can file. If you currently do not reside in the state of Nevada, then you will have had to have been married in the state for you to file without residing here currently.

First and foremost, you will have to file a complaint for an annulment. This will be your first step of this entire procedure. In this complaint, you will need to give out the standard information on your spouse, you, your children you have with one another, your marriage, and what grounds you will be using to get this annulment.

After you finish filing the complaint, you will be required to have an outside adult hand-deliver, the copy of the complaint to your spouse. Whoever you choose to be that outside adult to hand-deliver the compliant will be required to fill out the Affidavit of Service, which will need to be submitted to the court of Nevada.

After you serve your spouse with the complaint, your spouse will have the chance to respond. Your spouse can file his or her answer or they can choose to file a counterclaim.

If your spouse goes with just filing their answer, then the Nevada court will schedule what is known as a case management conference which will happen in or around 90 days from the time, they file their answer.

After you have your case management conference, a judge will then schedule a hearing to ultimately decide if or if not, an annulment is going to be the right path for this certain case.

During this hearing with the judge, your spouse and you will have the chance to testify. The both of you can give the judge your evidence that either supports the annulment or does not support the annulment.

Now, if your spouse chose not to file an answer with the court, then the clerk can issue a “default” against your spouse. A default meaning that your spouse has failed to respond to the complaint at hand. Once this is done, the judge presiding over the case can officially enter the Decree of Annulment.

What is the After Effects?

Once the judge decides that an annulment is good for this case, your marriage will be voided as soon as the Decree of Annulment is signed.

However, if you and your spouse have children with one another, in the state of Nevada’s eyes, these kids will still be “legitimate” even if you get an annulment. This means the father will still have the same father privileges as he would have if you guys didn’t get your marriage annulled.

How to Handle Advanced Planning for Financial Decisions?

Need to get your financial situation on the right track? Here’s how you can turn your financial situation around in 6 advanced planning for financial decision steps. Just had a baby. Or perhaps you are getting up there in age and your children are telling you it is time to start making your advanced planning for financial decisions.

Of course, no matter what stage you are in your life, you are wondering what is advanced financial planning and how can you do that if you live in the great state of Nevada?

Luckily for you, it sounds more daunting than it really is. You can achieve your advanced planning for financial decisions in six simple steps.

What is Advanced Financial Planning? And Why Do I Need it in Nevada?

When it comes down to it, many people want to get full satisfaction from their finances. They do not want to be slaving away for their money day in and day out and not have anything to show for it.

Therefore, advanced financial planning is needed. This is so you can achieve your big financial goals such as purchasing a larger home, having money for your retirement years, buying that new car, taking luscious vacations, and just having enough money to live your daily life.

If you want to achieve these above goals, first and foremost you are going to need to identify what is most important to you right now and set your priorities. You will soon realize in the below process that personal and financial satisfaction is not always going to meet eye to eye. You will find that personal and financial satisfaction is sometimes completely opposite from one another as well.

But it will be your job to process the two, so you can have an organized view on your personal financial planning along with your personal money management as well.

When it comes down to personal financial planning, this is going to be a process where you will have to learn how to manage your money for you to gain the personal economic satisfaction. This personal financial planning process is one major step in the right direction, if you are ready to get your financial situation under control.

What you may or may not know is that every household will have their own unique financial situation, so what works for them, may not always work for you.

By having a comprehensive financial plan, not only are you going to maintain a better quality of life, but you will also know you will have the financial resources for your needs later in the future as well.

Guide to Advanced Planning for Financial Decisions

Now that you understand a bit about WHY you need advanced planning for financial decisions, let’s talk about the steps you will need to go through to attain this financial freedom.

Before we get completely started, you will want to know this process is not going to be an overnight change. This process is not going to be super easy either. This process is going to take ALL the effort you must really meet your financial goals.

This process is composed of six steps these steps are as follows:

  • Figure out your current financial situation
  • Figure out your financial goals
  • Figure out how you are going to achieve these goals
  • Figure out alternative ways to achieve these goals
  • Implement your course of action
  • Revise and reevaluate your plan occasionally

Figure Out Your Current Financial Situation

This first step will probably be one of the most daunting steps you will have to complete. No one wants to take their head out of the sand and see the situation they dug themselves in.

In this step, you will be uncovering what your current financial situation is when it comes to the following:

  • Your Debts
  • Your Income
  • Your Living Expenses
  • Your Savings

Also, in this step, you will need to start really digging deeper and compiling a list of what is your current assets, and a list of your current debt balances.

This is going to be your foundation for anything that will EVER have to do with your financial planning and decisions.

Figure Out Your Financial Goals

Now, that you have probably cried a bit and saw the error of your ways, it is time to sit down and figure out your financial goals and your financial values.

This is going to be just as hard as the first task at hand. You will need to identify how and why you feel about money the way you do. You absolutely will need to get to the root of the problem, prior to you even being successful at obtaining your financial goals and financial values.

Essentially, the purpose of this step is to finally for you to figure out the difference from what you need to what you want in life.

If you do not figure out your financial goals, you will ALWAYS fail at financial planning. You and only you can figure out your financial goals. Someone else cannot come in and tell you what you should and shouldn’t have on your financial goals. It honestly does not worth that way.

Ultimately, take your time and figure out what financial goals YOU want out of this and WHY do you want them.

Figure Out How You’re Going to Achieve These Goals

Now, that you finally get your financial values and goals picked out, how are you going to achieve these said goals? You don’t know?

Well, that is alright, because that is what this step is for! Yes, you heard that right. This step is going to be you hashing out a plan for you to achieve the goals you set for yourself in the previous step.

You will know that there will be several factors that can influence your achievement of goals as well as different alternative courses you can take.

When figuring out how you can achieve your goals, you will always need to figure out alternative courses of action as well. When doing so, you will want to think about the following as well:

  • How you can KEEP on the current course of action
  • How you can IMPROVE your current course of action
  • How you can CHANGE your current course of action
  • How you can take a NEW course of action

Please Note: The above things we said you should think about will not always apply to every decision that you make. However, they are good thinking questions for most situations that you will encounter.

Figure Out Alternative Ways to Achieve These Goals

Granted, we did touch upon getting alternative courses of actions in the previous step, but this is going to go much deeper than what we previously touched on.

Now, it is time to take into consideration much more than just what other course of actions you can take. You will need to consider the following:

  • Your Economic Conditions
  • Your Life Situation
  • Your Current Personal Values

You will also need to keep in mind that there will always be consequences of choices. Quite frankly, every decision you make can either open alternatives or close off alternatives. You will have to play this game very carefully to not screw yourself over in the end.

Please Note: This part of the planning will never fully be done. Decision making is going to be continuous component when it comes to your financial and personal situation.

Implement Your Course of Action

We are almost there, guys! We are finally at step five. This is going to be where you finally put all your hard work that you have done on your drawing board into motion.

This is where you are going to FINALLY execute your plan of action. This is going to show you if you have a good plan or if your plan is going to need some tweaking.

At this stage of your financial planning, it is completely okay to ask for assistance from others. Especially, if you are looking to see what other people do when it comes to executing their plans. However, while asking for assistance, you will also need to remember that their situation is different from yours. So, what worked for them may not always work for you either.

Revise and Reevaluate Your Plan Occasionally

Congratulations, you are on the last step. Just like that, you finally made it to the point of revisiting your plan occasionally.

This step will be yet another continuous step that you will be doing to ensure you are always on the right track with your financial planning.

This step will not take much once you are doing with your trial and error phase. You will typically only have to revisit your plan if you see a change in your social, economic, or personal factors. If everything stays the same, you shouldn’t have to revisit this plan all that often.

What is Housebreaking Law in Nevada?

Are you being threaten with a housebreaking charge? If so, you will want to know exactly what it is, how to defend yourself, and what you can do in the future to refrain from doing it again.When it comes to someone breaking into your home, you may not know the laws because you always think that that won’t happen to you.

According to a study conducted by the United States Justice Department, nearly 1.03 million homes are broken into every single year. This is CAN happen to you, this does not just happen in a Breaking Bad episode.

Today, we are going to go over some frequently asked questions concerning the housebreaking laws in Nevada, along with some helpful information that will help you navigate the housebreaking laws as well.

What is Housebreaking?

First and foremost, housebreaking is considered a crime. Housebreaking is when you enter a vacant home or structure for that matter with the intent to use it as your own residency or what is commonly referred to as squatting.

Housebreaking is very similar to burglary, but as you and I know burglary involves you forcibly entering a home and/or structure.

In Nevada Law NRS 205.0813, when it comes to housebreaking, this incident is going to be much more limited rather than burglary. According to NRS 205.0813, you commit housebreaking in the state of Nevada when you do the following:

  • When you choose to forcibly under a vacant or uninhabited home or dwelling
  • You have no permission from the owner
  • You are intending to use this residence as your own or provide residency to another.

When NRS 205.0813 uses “dwelling” they are defining that as a structure that is intended for residential use or for a sleeping place.

Common examples of dwellings will include the following:

  • Dormitories
  • Guest Houses
  • Hotel Rooms
  • Houseboats
  • Houses

Under the NRS 205.0813 statute, it does not matter whether you just enter the dwelling or take up residency because both options are going to be illegal.

Keep in mind that in the state of Nevada, that housebreaking is slightly different than home invasion. Home invasion is where someone will forcibly enter an already inhabited dwelling without any permission. There are times that a person can get charged with home invasion, even if they were never planning on squatting in the dwelling.

Under NRS 205.0813, it is irrelevant whether you take up residency or you just enter with the purpose of doing so. It is the entry itself that is illegal.

Define Unlawful Entry

I know we have talked a lot about unlawful entry, but what really is unlawful entry? Unlawful entry is going to be when you go into a dwelling without prior permission with the intent of squatting.

Squatting and Housebreaking Law in Nevada

According to NRS 205.0817 and NRS 205.082, housebreaking will typically be charged with squatting or unlawful reentry.

When you decide to commit an unlawful occupancy and you follow through with the act to occupancy, you are against the law in the state of Nevada.

What are the Consequences for Housebreaking in Nevada?

If this is your first time being charged with housebreaking in the state of Nevada, you will have a gross misdemeanor on your record. With that being said, the punishment can contain the following:

  • Up to $2,000 fine
  • Up to 364 days in a county jail

If this is your second time being charged with housebreaking in the state of Nevada, you will have a Class D felony on your record. With that being said, the punishment can contain the following:

  • Up to a $5,000 fine
  • Between 1 to 4 years in a Nevada State Prison

Now, if you have been convicted and charged with three or more housebreaking charges, the Nevada court will be required to send you to prison. You should know that you will not get a Nevada suspended sentence or probation, if you have been charged with four or more housebreaking charges.

Court Defenses for Housebreaking

When it comes to your defense team while in the Nevada court, you will need to display the facts. Housebreaking is solely going to depend on the facts of the case. However, some of the more common defense tactics will consist of the following:

  • You were not forcibly entering
  • The structure was not a dwelling
  • You had permission to enter the structure
  • You were not intending to squat
  • You were the one who was the victim of mistaken identification

Can You Shoot Someone Breaking into Your House?

First and foremost, the state of Nevada is a “stand your ground” state. But when it is a stand your ground state, there will be some conditions that need to be followed.

So, when it comes to Nevada self-defense laws, you will not be required to retreat prior to using deadly force on the intruder if they do one of the following:

  • Doesn’t start an altercation
  • Have belief your life is in immediate danger
  • Has the right to use deadly force where he or she is
  • Not breaking the law when you are using deadly force

In other words, all non-aggressors, yet law-abiding citizens can use deadly force if they fear their life is in danger, even if they had the chance to flee the scene prior to using deadly force.

Fair to All: Housing Discrimination and Retaliation Laws in Nevada

Did you find a perfect home, but you feel like the landlord is discriminating against you? Know the Nevada law to avoid this illegal activity. When you are a tenant in Nevada, your landlord cannot discriminate, harass, or even retaliate against you. Did you know that housing discrimination alone is against Nevada and even federal law?

Yes, there are laws out there that prohibit a landlord from discriminating against you based on your:

  • Race
  • Gender Identity
  • Color
  • Sexual Orientation
  • National Origin
  • Familial Status
  • Religion
  • Disability
  • Sex

What Type of Housing Discrimination is Not Allowed in Nevada?

If you are unfamiliar with the federal Fair Housing Act, you will want to peek into that because that is what prohibits ANY discrimination based on the following characteristics:

  • Race
  • Familial Status
  • Color
  • Sex
  • National Origin
  • Disability
  • Religion

Now, Nevada law has their own section that is against housing discrimination. Landlords in Nevada will NOT be allowed to discriminate against you based on the added following:

  • Gender Expression
  • Ancestry
  • Gender Identity
  • Sexual Orientation

Examples of Housing Discrimination

Now, that you know what a landlord cannot discriminate against, let’s get down to examples of housing discrimination. All the below examples are things that a landlord CANNOT do to you as a tenant. It does not matter if you are a current or a new potential tenant.

  • Landlord refusing to rent to, sell to, or even compromise with you
  • Landlord discriminating against privileges, conditions, and terms of housing, which can include security deposits, lease terms, purchase terms, types of residency, insurance rates, and interest rates
  • Landlord refusing to make the dwelling available to you
  • Landlord refusing any inspection to you, but allows others
  • Landlord advertising the dwelling for certain limitations or preferences when it comes to who is allowed and not allowed
  • Landlord intimidating, interfering, coercing, or threatening you for trying to avoid housing discrimination

You should also note that the Fair Housing Act does have an exception when it comes to religious organizations. Their exception is that it will allow the religious organization to limit or even give preference to people who hold the same religious views as they do.

The Fair Housing Act also allows the private clubs that are not open to the general public to have preference to its members ONLY if the club has a lodge that is for non-commercial use only.

What Does the Law Say About People with Disabilities?

Of course, up until now, we only really dived into housing discrimination based on everything but your disabilities.

Just like above, landlords in the state of Nevada CANNOT discriminate against you based on your disabilities either. Landlords will be required to make reasonable modifications to their dwellings to accommodate you and your disabilities to ensure that you have equal opportunity to enjoy their housing and common spaces.

You should also note that a landlord cannot refuse to rent to you because you have a disability. The landlord cannot refuse you having a service animal as well. A service animal cannot have pet rent tacked on as well since it is NOT in the same category as a regular pet.

You should also note that all newly built multifamily housing units such as apartments, condos, and townhomes, will be required to be designed in such a way that will be accessible to everyone, including people with disabilities.

What Action Can I Take When Someone Discriminates Against Me?

If you find yourself being discriminated against, you can do a few different things. You can either file a complaint with the United States Department of Housing and Urban Development or you can file a complaint with the Nevada Equal Rights Commission.

If you choose not to file a complaint with either organization, you can always file a lawsuit in federal or state court.

How Long Do I Have to File A Lawsuit or a Complaint?

In the state of Nevada, you will be required to file your lawsuit within a year after the alleged violation happened. However, in the federal law, you are given two years from the time the alleged violation happened to file a claim.

How Can a Landlord Retaliate Against Me?

A landlord cannot discriminate against you, but the landlord cannot even retaliate against you either. Retaliation means a landlord that either decides to not renew your lease, ends your lease abruptly, raises your rent, or takes away your utilities and/or amenities.

What Can I Do if a Landlord Retaliates Against Me?

If you find yourself dealing with a landlord that is retaliating against you, you as the tenant can sue your landlord for the following:

  • To Cover your court cost, but also to punish the landlord (can be up to a maximum of $2,500)
  • To cover any loss or injury you may have suffered.

6 Best Tips on How to Deal with Noisy Neighbors

Are your neighbors quite disruptive to your day to day life? Find out how you can deal with noisy neighbors the right way.Unless you reside in a remote location, chances are you have or have had some pretty noisy neighbors that don’t think about anyone else around them.

Whether they are blasting their music, revving the car they are working on, allowing their children to scream at the top of their lungs, or the nonstop barking of their dog(s), you are wondering what course of action you can take. Of course, your mind goes to stomping around your place, or even some sort of other revenge that you typically do when playing the Sims 4.

But we are all grownups here, so how do you come to a solution that is mature, respectful, and kind for everyone involved? Well, you are in luck, we have come up with a few options for you today.

6 Ways on How to Deal with Noisy Neighbors

If you want to keep things civil between you and your neighbors, you will want to try one or all these ways on how to deal with your noisy neighbors. Not only will it show everyone you know how to handle a stressful situation, but you’ll keep the peace among everyone as well.

1. What to do first? Talk to Them

You may have some noisy neighbors, and let’s be frank here, not everyone is a mind reader. Before you start taking any desperate measures, you should start out with talking to your neighbors about the noise.

What you may not know is your neighbor may not even realize they are being THAT loud or disrupting your day to day life with their noise.

If you have a specific reason what exactly is bothering you when it comes to their noise, do not be afraid to state it. Not everyone is going to be difficult, this will allow your neighbor to know what they should fix or be aware of in the future.

You should know that not everyone is going to be a monster. Not everyone is not going to listen to you. Many neighbors simply do not realize what their habits may be, may interfere with someone else’s life when they live in such close quarters.

When going over to talk to the noisy neighbor, many sources including Nationwide Insurance recommends that you bring over some sort of baked goods. This is to help soften the blow of an awkward conversation that is about to happen.

2. Come Up with a Compromise and/or Plan

So, you went over and you talked to your neighbors, and you found out that they had a legitimate reason for the noise that you absolutely hate so much. This noise could be them renovating their home, having their band rehearse, or sleep training their newborn.

Whatever, the reason may be, instead of walking off angrily that there is nothing you can do to please both of you, instead sit down and come up with some sort of compromised plan.

This plan could be anything from having set hours for their band to rehearse, no loud noise before 8 am, etc.

Of course, this will only work if both of you are willing to come to an agreement. Always first try and make a plan that can fit both schedules without it feeling like one or the other is living with an overbearing parent.

3. Come Up with Solutions Beforehand

Let’s say the issue with your noisy neighbor has to do with them playing loud music during the nighttime hours and you must be up early in the morning for work.

Here’s what you can do, prior to going to talk to your neighbor, you could come up with solutions to this problem first.

For the theory at hand, a solution could be use wireless headphones, lower the volume of the music past a certain time, etc.

But, if the problem is something that can easily be fixed like the theory above, do not be afraid to have a few solutions while you go talk to your neighbor.

4. Give the Noisy Neighbor a Warning

So, you have already tried talking to your neighbor, coming up with solutions, and even went as far as trying to compromise with a plan, but they are just not following through on their part.

Before you decide it is time to get the police involved or another extreme tactic, go back to your neighbor and just give them a warning. Just let them know that if this continues, you will have no other choice but to contact either your landlord, the homeowner’s association, the management company, or in worse situations the police department.

When you relay this information over to your neighbor, you will want to do this as maturely as you can. Do not try and instigate an argument with them. You want to come over there as calm and cool as you possibly can be. This will help alleviate any tension that could possibly start a fight where the cops will need to get involved right then and there.

5. Get in Contact with Your Landlord, HOA, or Management Company

Now, if you warn your neighbor that they left you no choice, but to get your landlord, homeowners association, or management company involved did not fix the situation at hand, then it is time to file your complaint.

When filing your complaint it is always best to include the times and dates of the incidents at hand. You can even document how you tried to solve the issue by bringing the situation up to them, tried to compromise, and even gave them a fair warning that you would have to get someone else involved if things did not settle down.

When filing a complaint, you can always ask them to keep you in the loop with updates on how the situation is going. But we can guarantee, if the noise level decreases then you know everything is in working order. You may have a mad neighbor, but there is nothing you can do when they didn’t try and resolve with you in the previous steps.

6. How to Report Noisy Upstairs Neighbors to Police

Now, if talking to your landlord, homeowner’s association, or management company still didn’t do the trick, then you only have one final option left. And no, this option is not to take matters into your own hands and get the broom to make their life a living nightmare.

The only option you have left is contacting your local police department. We know getting the police involved in these types of manners is not always the best idea, because it can cause rifts between neighbors and even neighbors who are not involved in this matter. When it comes to getting this under control, you have nothing left to do, but file a noise complaint with them.

When speaking to the police and filing your complaint, you will need to show that you tried to resolve the issue at hand with them prior to contacting them. But what you should really do is if they are playing excessively loud music at night to the point that it is keeping you up, you should contact them then. Do not wait and contact them during the day when there is no noise going on. This will allow the police to observe the situation firsthand and not through your mouth. Not to mention they will be more than willing to try and fix the issue when the issue is happening versus when the issue is not currently happening.

How to Handle Your Tax Liability of Forgiven Mortgage Debt

Are you nervous about your tax liability of forgiven mortgage debt? Chances are you have nothing to worry about. Learn everything you need to know ahead of tax time here today. Did you know in certain instances mortgage lenders will forgive or even cancel your debt?

This can certainly relieve you of the financial burden, but what you may or may not think of right away that it can easily cause a tax liability. The tax law states that any and all canceled debt will be looked at as income and should be part of the debtors (you) annual income for that year it is canceled or forgiven.

The mortgage lender will be reported this canceled or forgiven debt to you and the IRS via Form 1099-C. This is when you will have to report this canceled or forgiven debt on your next tax return.

However, the tax law will give you three solutions that can exclude your canceled or forgiven debts from ever having to be on your taxes. These solutions consist of insolvency, this will happen in situations that involved bankruptcy, short sales, and foreclosures.

How to Avoid Taxes on Canceled Mortgage Debt?

Curious about how you can avoid these taxes on your canceled or forgiven debt? We briefly just touched upon this subject a few minutes ago, but let’s dive deeper into the answer of this question.

Back in December of 2007, you might have heard about the Mortgage Forgiveness Debt Relief Act that was passed by congress. This act was to provide tax relief to homeowners who were losing their homes through either short sales, foreclosures, or those who were restructuring their mortgages to get a much lower principal.

This act allowed these homeowners to exclude their forgiven or canceled debt up to $2 million.

How to Qualify Using Mortgage Forgiveness Debt Relief Act?

Now, that we have talked a little bit about the Mortgage Forgiveness Debt Relief Act, let’s talk about how you can qualify.

As we previously mentioned the law states that specific types of canceled or forgiven mortgage debt can indeed be excluded from your tax liability.

Listen closely, if you have had your home sold in a short sale, your home has been foreclosed on, or you had to restructure your mortgage.

You should first and foremost know this, when it comes to the tax code, you will find two types of mortgages: home equity debt and acquisition debt.

The difference between the two-mortgage debt will impact which exclusions will be added.

When it comes to the acquisition debt, that is debt which was used to build, buy, or improve your home. While home equity debt is debt which was NOT used to build buy or improve your home.

You should know that acquisition debt CAN be excluded from your taxes when it comes to the Mortgage Forgiveness Debt Relief Act.

You should know that home equity debt CANNOT be excluded from your taxes when it comes to the Mortgage Forgiveness Debt Relief Act.  When it comes to having home, equity excluded from your taxes, you will need to go through the bankruptcy or insolvency route.

Tax Liability of Forgiven Mortgage Debt

Now, you are wondering what in the world is your tax liability for this forgiven debt under the Mortgage Forgiveness Debt Relief Act?

This will go into detail, only IF you got approved under the act. If your debt or canceled mortgage was under $2 million, it will be excluded from your income between 2007 to 2016. Then in 2017 and beyond, you can still have your debt excluded, if you and your mortgage lender have a written binding agreement to cancel your debt, but it had to have been done no later than December 31, 2016.

How Do I Report My Cancelled Debts on My Taxes?

Any canceled or forgiven debts done by your mortgage lender will still need to be reported on your tax return at the end of the year no matter what. However, it is going to be HOW you report them, whether you are eligible for any or all the exclusions available.

Your mortgage lender will submit to the IRS and send you a copy of the Form 1099-C. This will have your forgiven or canceled debt listed on it with the amount. You can find the amount of debt that was forgiven or canceled in box 2 on the form.

If you were one of those people who lost their homes due to a foreclosure, short sale, or another settlement procedure, then the amount you see is going to be for the loan principal that was not paid during the settlement. You can locate Box 5, which will show the description of the debt, such as the address of the home that had the loan. Then in Box 7 you will see the fair market value of the home in question.

In the situation of a foreclosure, the net bid price that came directly from the foreclosure sale will be used for the fair market value.

However, you will need to follow the following steps to properly and accurately report your canceled or forgiven mortgage debt on your current tax return:

  • On Form 1040 Line 21, you will need to list ALL canceled or forgiven debts that were not excluded
  • If some or all of the debts were excluded, then you will be required to fill out Form 982
  • Using Form 982, you will need to state which exclusions applied to your situation on line one. If you have more than one exclusion, you will need to fill out Form 982 for every exclusion.
  • If using bankruptcy or insolvency for your exclusions, you will be required to make some adjustments to your other tax figures. In order to do so, you will need to brush up on Publication 908.

If you were able to keep your home, but you had to restructure your mortgage, then on line 1e, you will need to check the box. On line 2, you will have to report the income. You will have to report the same income again on line 10b.

Your Guide to Social Security Survivors Benefits

Did your spouse pass away? Here’s everything you need to do to get your Social Security Survivors Benefits. Planning to protect your family financially if you die is going to be one of the hardest things you will have to do. You can talk about life insurance, savings accounts, stocks and bonds, and even Social Security Survivors Benefits.

Today, we are going to go over the Social Security Survivors benefits that will be available to you, if you are a survivor. A survivor meaning you were either the parent, spouse, or child of a person that worked that passed away. You should also note that the person will need to have worked enough to qualify for Social Security benefits.

How Can Your Spouse Earn Social Security Survivors Benefits for You?

First and foremost, you will need to know that anyone that works can earn up to four credits per year. For example, in 2019, your spouse will be eligible to earn one credit for every $1,360 of self-employment income or wages. So, when your spouse has earned a total of $5,440 in the year, they will have earned their four credits for that year.

Now, you are probably wondering, how many credits does my spouse need to get Social Security Survivors benefits? Well, the number of credits that are needed is going to be solely dependent on the worker’s age when they passed away.

But to give you a peace of mind no worker will ever need more than 40 credits, which equates to 10 years of work to get any form of Social Security benefits.

But you should also note that there will be fewer credits needed for a younger person who passes away to get survivor benefits.

These Social Security Survivors benefits can be paid out to the surviving spouse or surviving children, even if the spouse did not meet the required credit number.

The surviving spouse can get benefits even if the spouse that passed away only had 6 credits within the last three years of his or her life.

But you should always keep in mind that every case will differ, and it is always best to contact a Social Security claims representative with questions pertaining to your case.

What to do When a Family Member Passes Away?

When a family member passes away, you should always notify the Social Security office immediately. Unfortunately, you will not be permitted to report that person’s death online. You cannot even apply for the Social Security Survivors benefits online either.

Please Note: In many cases, the funeral home will report your loved one’s death to the Social Security Office. You will need to give the funeral home your loved one’s Social Security number for them to report the death.

If you are either going to report a death or you want to apply for the Social Security Survivors benefits, you will need to speak to a representative at the Social Security office anywhere from Monday through Friday between the hours of 7 am to 7 pm by calling 1-800-772-1213.

You do not need to make an appointment, but you can, if you want to reduce your waiting time to speak to a Social Security representative.

Is There Social Security Death Benefits for Spouse?

Yes, yes, there is. If your spouse passes away you will get a check in the amount of $255, if you were living with the spouse at the time of their death.

If you were living apart, but you were receiving the Social Security benefits from that spouse during his death, you will also get a check in the amount of $255.

However, if there is no spouse in the picture, then the check in the amount of $255 will be given to a child who will be eligible for the benefits.

Nevada Social Security Death Benefits for Children

Children of those who passed away will get a check in the amount of $255, if there is no spouse available.

Children can also be eligible to get survivor benefits as well. Typically, they will receive 75-percent of the workers benefits.

What Will Happen if the Person Was Receiving Monthly Social Security Benefits When They Passed Away?

If the person was receiving their Social Security benefits when they passed away, it will be up to you to return the Social Security benefits that was received during the month of their death and any month after.

For instance, let’s say your spouse died in July, you will be required to return the Social Security benefits that was paid in August.

Now, you are probably wondering how in the world can you return these Social Security benefits. This will solely be based on how you receive these benefits.

If you get them direct deposited into the bank account every month, it is up to you to contact the bank and request that they send back the money to the Social Security office.

If you get a check every month, you will need to send the check back to the Social Security office immediately after receiving it.

Who Can Receive Social Security Survivors Benefits?

Only certain family members can receive these Social Security Survivors Benefits. This criterion includes the following:

  • The widower or widow is at least 60 years of age or 50, if disabled
  • The widower or widow is caring for a child who is under the age of 16
  • Under various situations, a surviving divorced spouse
  • Unmarried child who is under the age of 18
  • An unmarried child who is older than 18, but disabled before they reached age 22

What About Other Family Members?

There will be a few different situations, where other family members can be eligible. These family members typically are the following:

  • Adopted Child
  • Stepchild
  • Step-Grandchild
  • Grandchild
  • Parents who are over the age of 62 (must be dependent on the deceased person for a minimum of half of their support)

What Happens if You are a Widow or Widower?

If you happen to be the spouse of the person that is deceased and that person worked and earned enough credits under the Social Security requirements, you can do the following:

  • You will be eligible for full retirement benefits or even reduce benefits when you turn 60.
  • You can start receiving benefits as soon as you turn 50 if you are disabled
  • You will be eligible to receive survivors benefits at any age, if you do not get married and you are taking care of children under the age of 16.

Please Note: That if you get married after you turn 60, your new marriage will not in any way affect your chances for getting survivors benefits.

What Happens if You are a Surviving Divorced Spouse?

If you are divorced and your ex-spouse passes away, you may be eligible to receive some of the same benefits as you would if you were still currently married to them. However, you would have had to have been married to them over 10 years for you to qualify.

Please Note: The marriage term rule will not be put in place if you are caring for a child or children who are disabled or under the age of 16. The children will need to be biologically your ex-spouses or legally adopted by him or her for this to qualify.

These survivor benefits that will be paid to you will not affect any other benefits you could receive from the deceased ex-spouse.

Please Note: That if you get married after you turn 60, your new marriage will not in any way affect your chances for getting survivors benefits.

How Much Money Can I Get from Social Security Survivors Benefits?

The amount of benefits you will get will solely be based on the earnings of the person who passed away. So, if the person who passed away paid more money into Social Security, you will have more benefits than someone that did not.

But, let’s be honest, the monthly earnings you will get will be based on a percentage of the person’s standard Social Security benefit.

For instance, if the person who passed away was collected reduced benefits, your survivors’ benefits will be on that amount.

But other examples of benefits that you may receive could be one of the following:

  • Widower or Widow with full retirement age will receive 100-percent of the workers benefit amount.
  • Widower or widow 60 plus will receive 71.5 to 99-percent of the workers benefit amount
  • Widower or widow who is disabled and between 50 to 59 years of age will receive 71.5-percent of the workers benefit
  • Widower or widow of any age who has a child under the age of 16 will receive 75-percent of the workers benefit
  • Child who is still under the age of 18 or a disabled child will receive 75-percent of the workers benefit.
  • Parents of those who passed away and relied over half of their support on the deceased
    • For one parent will receive 82.5-percent of the workers benefit
    • For two parents will receive 75-percent each of the workers benefit.

Protect Your Money: Nevada Rental Laws Security Deposit

Is your landlord holding your security deposit hostage? Are you unsure what you can do as a tenant? For your tenant rights, click here. If you are currently renting in the state of Nevada, you more than likely had to give a security deposit to your landlord upon moving into your new home. Did you know just like every other state that Nevada has their own security deposit rules that you and your landlord must follow?

Today we are going to talk about the nine basic rules that both you and your landlord should abide by.

Nevada Rental Laws Security Deposit

You should know that the state of Nevada has a limit on the amount of money that a landlord can charge you when it comes to your security deposit. This amount will vary because it is solely dependent on the type of rental property you will be renting from them. But the factors are the following:

  • Public Housing: The maximum-security deposit can be one month’s rent.
  • Private Housing: The maximum-security deposit can be three month’s rent.
  • Section 8 Housing: The maximum-security deposit can either be $50- or one-month’s rent, whichever is higher.

Tenants’ Security Deposit Rights: Nonrefundable Illegal?

In the state of Nevada, all your security deposits will be deemed refundable on the basis that you were compliant with all the terms that were stated in your lease agreements.

However, in the state of Nevada, the landlord can collect a nonrefundable cleaning fee, if they so choose. But this cleaning fee and the amount they spend will have to be written into the lease along with its terms.

But overall, a landlord cannot legally charge you a nonrefundable security deposit.

Can You Use a Surety Bond as Your Security Deposit?

In short, yes, yes, you can use a surety bond as your security deposit.

In the state of Nevada, the tenant and landlord laws give you permission to purchase a surety bond in replacement of your security deposit.

If you are unsure of a surety bond is also commonly called a performance bond. But the bond is where you will need to either have an investment or a collateral property to fulfill its wishes for the surety agency.

So, you can purchase a surety bond in the replacement of a security deposit, but your landlord cannot force you in any way to purchase one.

Your landlord also does not have to accept the surety bond in replacement of your security deposit either. It is not written in the Nevada law that the landlord will be obligated to accept your surety bond. For a landlord to accept your surety bond, it will be completely up to them.

What are the Rules for Storing Your Security Deposit in Nevada?

Many states throughout the United States have very specific rules on how the landlord will have to store your security deposit. But in the great state of Nevada, there are not any specific rules for how the landlord is supposed to store your security deposit.

The only thing the landlord is technically not required to do is to store your security deposit in a banking account that will collect interest. Your landlord is also not required to give you the interest they earn on your security deposit either.

Most other states in the United States prohibits landlords from putting your security deposit into an account that bears interest. They require all security deposits go into an account where they will not collect interest, but since the state of Nevada does not have any specific rules landlords are free to do what they see fit with your security deposit.

Am I Supposed to Get a Receipt After My Landlord Deposits My Security Deposit?

The landlord will only supply you a receipt if you request it. If you do not request it by law your landlord does not have to give you any sort of written notice or any receipt that they deposited your security deposit.

However, if you request a written notice of receipt and the landlord does not supply it to you, you are in your legal right to withhold future rental payments until the landlord supplies your written notice or your receipt.

Reasons Why Your Landlord Can Keep Your Security Deposit (Partial or Full)

Just like nearly every other state in the United States, Nevada landlords will be able to make deductions from your security deposit for the below reasons:

  • Costs to clean out the unit
  • Costs to fix up the place beyond the normal wear and tear
  • To cover your unpaid rent (if applicable)

In the state of Nevada, the landlord is required to list in their lease agreement a clause that states upon move out the unit must be in the same condition as it was given to you.

Is My Landlord Supposed to Do a Walk-Through Inspection?

Prior to you moving out of the rental unit, the landlord is not required under law to do a walk-through inspection.

How Long After I Move Out Will I Receive My Security Deposit?

In Nevada, landlords will be required to give back your security deposit or your surety bond, minus any deductions within 30 days of your lease ending.

If there are any deductions, the landlord will be required to send you an itemized list of what was deducted and how much of it was deducted.

But when it comes down to it, your landlord will have two options when it comes to giving you back your security deposit. These options are:

  • Your landlord can hand deliver your security deposit to you. If they do this, they will ask you to come to the leasing office or wherever you pay your rent.
  • Your landlord can mail you your deposit to your new address, if given. If you did not give your new address, the landlord will mail the security deposit to your last known address.

What Happens If I Disagree with My Landlords Deductions?

If for some reason you do not agree with your landlords’ deductions, you will need to send a written statement where you are disputing these charges to the landlord or surety bond. If you cannot conclude outside of court, you do have the right to sue your landlord and recover your security deposit.

It’s Been 30 Days and I Still Haven’t Received My Security Deposit Back. What Do I Do?

If your landlord does not hand deliver or send in the mail your security deposit or surety bond in the 30-day time frame and does not give you a written itemized list of your deductions, you will have the opportunity to sue your landlord.

The landlord is going to be liable to your security deposit along with any other amount awarded to you by the Nevada court. However, you will need to keep in mind this amount will never exceed your security deposit amount.

My Landlord Sold His Rental Property. What Happens to My Security Deposit?

If you found out that your landlord sold the property, the landlord is going to have two options on how to handle your security deposit:

  • Your landlord can transfer your security deposit to the new owner taking over. If this happens your landlord will have to notify you in writing that they are transferring your deposit over to the new landlord. The landlord will be required to give you the name of the new landlord, phone number, and address.
  • Your landlord can return your security deposit to you. If the landlord does this, the landlord will have to notify the new landlord that he or she is giving you back your security deposit.

How to Navigate Nevada Wage and Hour Claims

Found out that your employer hasn’t paid you all your wages? Check out this guide to help you navigate Nevada wage and hour claims. In the state of Nevada, there are federal and state laws that dictate how much you will be paid, when you will be paid, and even more.

However, if your employer fails to follow these rules, you could very well be entitled to collect your unpaid wages, and even extra money from penalties that in results punishes your employer for not following the laws.

Today, we are going to go over how your wages are calculated and even collected to see what you are truly owed.

Nevada Wage and Hour Claims

Throughout the United States, each state has their own set minimum wage. If they do not have their own set minimum wage, then they will go by the federal wage. The federal wage comes in at $7.25 per hour.

In the state of Nevada, the minimum wage is currently $7.25, that is only if your employer gives your health benefits. If your employer does not give your health benefits, then the minimum wage is $8.25 an hour.

But, if you live in a county or even a city that has a higher minimum wage, you will receive that amount instead of the federal minimum wage.

How to Calculate Unpaid Wage Claims?

Now, you are wondering how in the world can you figure out your unpaid wage claims. All you need to do is find the difference of what you were originally paid for the hour and what you should have been paid for that said hour. Then you will need to time it by the number of hours you worked.

For instance, let’s say you are at a job in Nevada and your employer didn’t offer your health benefits, but they only paid you $7.25 for the first three weeks of you were there. Let’s say in those three weeks you worked a total of 120 hours.

Now, your employer should have been paying all along $8.25 an hour. So, what you will need to do is multiple $1 (the difference) to 120 hours. You get a grand total of $120.

Unpaid Overtime

A more common wage violations made by employers is failing to pay overtime premium. Now under state and federal law, employees will be entitled to overtime if they put in over 40 hours within a workweek.

Now, the state of Nevada has a law that also has a thing about daily overtime. This law states that employees who make under 1.5 times the minimum wage will have the chance to get overtime, if they put in over 8 working hours in a day.

However, you should keep in mind that not every employee will be entitled to receive overtime either. You should know that all hourly, nonexempt workers will be entitled to overtime, but there are other employee categories that will be exempt.

If you are wondering who is exempt from getting overtime, they are typically the “white-collar” employees such as people who are high-level administrators, managers, and salespeople.

Your employer will have to show proof that you fit into one of these VERY narrow exemptions, if they truly do not want to pay you overtime.

How to Calculate Your Unpaid Overtime Claims?

Now, if your employer does not want to pay you for those overtime hours, your unpaid overtime claims will be the difference between what you paid and what you should have been paid.

Now to truly calculate your overtime hours, you should know that you are entitled to get time and a half.

What does this mean?

This means you will be getting a bonus 50-percent on top of your current hourly rate. For instance, if your current hourly rate is $16 an hour, when you are in overtime, you will get $24 an hour.

Unpaid Time Off & Unpaid Breaks

In the state of Nevada, you will have the right to have a 30-minute unpaid lunch break, if you work a straight through eight-hour shift.

In the state of Nevada, you as an employee will also be entitled to have a PAID ten-minute break every four hours of your shift. The only time you are NOT entitled to a PAID ten-minute break is when you work less than 3.5 hours.

You should also note that the federal law does not talk about the right for employees to have a break during their workday. However, if your employer chooses to give you work breaks, the federal law does state that you are required to be paid for the following:

  • ANY break that lasts 20 minutes or less throughout your workday
  • ANY time during your workday, where you are REQUIRED to work.

How to Calculate Unpaid Time Off & Unpaid Breaks?

When you need to calculate your unpaid break wages, this will be a little bit trickier than the above calculations.

You will need to figure out how much time you spent on your breaks that should have been paid for. This can be tricky if you don’t remember the exact times.

Once you figure that out, you will need to time this unpaid time to your hourly rate. You also do not want to forget about overtime as well. If your unpaid breaks are supposed to be counted towards your work time, then that could possibly put you over 40 hours a week, where you should have been getting time and a half pay.

Prevailing Wages Nevada

The federal law will give you the employer the opportunity to receive these cash penalties along with your unpaid wages, if you win your lawsuit or administrative claims.

Now, we are going to get into some of the more common penalties that you will see for your employer failing to pay you the correct amount.

If your employer fails to pay you overtime or your corrected minimum wage, then you will have the chance to request for liquidated damaged. Now, liquidated damages are going to be in the amount of what your unpaid wages are.

So, in short, let’s say your employer did not pay you your overtime. Your overtime was at $3,000. You will now have the chance to add on an additional $3,000 in liquidated damages, so you would get a total of $6,000.

What many people do not know is under the Nevada Law your employer is required to give you your last paycheck immediately if they fired you, you quit, or they laid you off. When we say immediately they either have 7 days or they can pay you on your next payday, but whichever one comes first.

If the employer does not pay you on time, that is another penalty. They will be required to pay you one day’s wages for every day your paycheck is not sent to you, up to 30 days.

How to Start a Lawsuit?

If your employer failed to pay you the correct amount of money, the next step is to start a lawsuit, or you can opt into filing a wage claim with the Nevada Labor Commissioner.

It does not matter what you decide to do, what you ultimately will need to do is get in contact with a Nevada wage and hour lawyer who can help you file your claim or lawsuit on your behalf. This will save you a lot of time and frustrations. If you succeed at your lawsuit, your lawyer can even ask the judge to have your place of employment to pay for your attorney fees as well.

If your employer is failing to pay you the money you are owed, you need to either file a wage claim or start your lawsuit within 2 years of the incident. You will not be permitted to proceed if you file after the two-year mark.

IRS Collection Process: How Can I Pay My Tax Bill?

Found yourself owing taxes this year? Cannot pay them in full? Today we outlined your options and the process to apply for these options. If you have always paid your taxes in full or never owed any taxes, you will never know about the IRS tax collection process or their options.

However, if this is your first-time owing money to Uncle Sam, this may be a scary situation to navigate. You are probably wondering where you can find a flow chart, what are your options, and how does this process work.

Well, today, we are going to go over what the process will be like when you cannot pay your taxes in full while you file your tax return.

IRS Collection Process Timeline in Nevada

One of the first notices you will receive from the IRS after you did not pay your tax bill will be a letter. This letter will explain your outstanding balance and it will demand that you pay it in full.

This letter will also include how much you owe, along with any penalties that you received on your outstanding balance from when your tax bill was due.

You should note that your outstanding balance is going to have interest that compounds not only a monthly, but a daily late payment as well. So, it is going to be best that you pay your tax bill completely as soon as you can to help minimize all interest and penalty charges.

Methods to Pay Your Outstanding Tax Balance

If you are left with an outstanding tax bill and you do not know where to turn or how to pay for it. You should know there are always some conventional and unconventional options.

You can always investigate getting a cash advance on your credit cards, a personal loan from the bank, or even borrow money from your friends or relatives.

If all those options are not something you can do, you are in luck. The IRS has a few different options that can help you pay off your outstanding Tax Balance.

You should know before you cannot pay your balance in full, that you should investigate the IRS monthly installment agreement plans. In most cases, you can get on an installment agreement, by filling out the Online Payment Agreement Application or Form 9465 with your tax return.

You can also request an installment agreement when you call the IRS as well. You should keep in mind that there may be a small user fee to set up your monthly agreement as well.

But if you are coming from a low-income family, the fee is typically either waived or reduced.

How to Get on an Installment Agreement?

If you are a taxpayer that cannot pay your taxes in full, you are looking into the installment agreement. An installment agreement is where you will have the chance to pay off your outstanding balance throughout time rather than in one large lump sum.

When you complete your application online, you will get an immediate approval or denial of your application.

How Do I Know I Will Qualify?

You should know that your certain tax situation is going to solely determine what payment options you will eligible for. What we mean by payment options is whether you need to pay in full, have a short-term plan (where you will need to pay in 120 days or less) or a long-term plan (which is known as an installment agreement)

You should know that you will be eligible to apply for any of these above options online if you meet the following criteria:

  • For a long-term payment plan, you must owe under $50,000 in tax, interest, and penalties
  • For a short-term payment plan, you must owe under $100,000 in tax, interest, and penalties

If you are an independent contractor or a sole proprietor, you can apply as an individual for the payment plan. You do not need to apply for a business payment plan.

What Do I Need to Apply?

Technically when applying to get put on a payment plan, you do not need much, but you will need the following items:

  • Your name as it appears on your tax return
  • Your email addresses
  • Address as it appears on your tax return
  • Your date of birth
  • Your filing status
  • Either your Individual Tax ID Number or your Social Security number

What is the Cost?

If your application was approved for the payment plan, then you will have the choice of one of the following to be added to your current outstanding tax bill.

Please note: If you owe more than $25,000 you will be required to have automatic payments taken from your checking account on a monthly basis.

Pay Now

If you pay the full amount that is owed today, you will not be charged a setup fee and you will stop incurring interest and penalties. You will need to pay your balance directly from your savings or checking account. You can also pay by money order, check, or your credit or debit card.

Please note: There will be charges if you choose to pay using either your debit or credit card.

Short-Term Payment Plan

If you applied for the short-term payment plan, then you have 120 days to pay the remaining balance. There is no fee for this plan. You will have the same options to pay your bill as you would in the pay now plan above.

Long-Term Payment Plan

The long-term payment plan has two different options underneath it that you can choose from.

Automatic Withdrawals

If you are low-income, there will be no fee. If you are not low-income there will be a $31 setup fee. There will also be added interest and penalties until you fully pay off your outstanding balance. You will pay a monthly amount that is automatically debited from your checking account each month. If you owe more than $25,000 in taxes, this option is required.

Non-Direct Debit

If you are a low-income, you will have a setup fee of $43 which can be reimbursed under certain situations. If you are not low-income, you will have a setup fee of $149. There will also be added interest and penalties until you fully pay off your outstanding balance.

What Happens if I Do Not Apply for an IRS Payment Plan?

If you fail to make any sort of arrangement with the IRS, the IRS will have no choice but to take other actions to collect the outstanding taxes you owe. Typically, the IRS will do the following:

  • File a Notice of Federal Tax Lien
  • Serve you a Notice of Levy
  • Or take your future refund (next tax year)

What is a Federal Tax Lien?

The Federal Tax Lien is going to be a legal claim on your property. This lien will also include property that you get AFTER the lien happens as well.

The only way you will get a Federal Tax Lien is if you fail to pay your taxes. The IRS can also file what they call a Notice of Federal Tax Lien in your public record, which will notify all your creditors that they have a claim against your property. You should know if you have a Federal Tax Lien on your record, it can appear on your credit record a well and this can have a negative impact on your rating.

What Is Volunteer Income Tax Assistance and Are You Eligible?

Are you low-income and don’t know how to prepare your taxes? You will certainly benefit from the Volunteer Income Tax Assistance program. Find out all the details here. Do you come from a low-income family? Do you have trouble understanding or preparing your own tax return? Do you believe you would benefit from a service that will guide you through doing your tax returns, answering any questions you may have, and provide you resources at little to no cost to you?

If you answered yes to any of the above questions, you will want to keep on reading about the Volunteer Income Tax Assistance program!

What Is the Volunteer Income Tax Assistance Program?

First and foremost, the Volunteer Income Tax Assistance program is a program that will offer free or heavily discounted tax help to those taxpayers who make less than $55,000 a year. They also offer their services to those who are disabled, elderly, and even those who do not speak English as a first language.

The Volunteer Income Tax Assistance Program is all about aiding when you, the taxpayer is going through and doing your tax return. All volunteers here are IRS-certified, which means they will be able to answer all your basic income tax questions and help you file your taxes electronically.

What Does the VITA Program Handle?

The Volunteer Income Tax Assistance program handles a lot of tax things including the following:

  • Self-employment income
  • Cancellation of Debt
  • Gambling Winnings
  • Limited Itemized Deductions
  • Health Savings Account
  • Child Tax Credit
  • Education Credits
  • Earning Income Credit
  • Limited Amended Returns or Prior Year Returns
  • Interest Income
  • Salaries and Wages
  • Dividends Received
  • Interest Income
  • IRA Distributions
  • State Tax Refunds
  • Pension Incomes
  • Unemployment Benefits
  • Simple Capital Loss/Gain
  • Social Security Benefits
  • Sale of Home

What Does Volunteer Income Tax Assistance NOT handle?

As you can see above the Volunteer Income Tax Assistance Program handles a lot of tax-related situations, but there are some tax-related situations that it does not handle. These include the following:

  • Form 8962, Parts 4 & 5
  • Losses with Schedule C
  • Form SS-8
  • Complicated Schedule D
  • Form 8615
  • Form 8606

What Should You Bring to the Volunteer Income Tax Assistance?

Now that you know what the Volunteer Income Tax Assistance program prepares and does not prepare, you will need to bring the following items with you, so they can help you prepare your tax return. Failure to bring these items will result in your return not being fully completed.

  • Identification for you and your spouse
  • Amount paid to daycare and their tax ID number
  • Birth dates for your spouse, yourself, and your dependents
  • ACA statements
  • Your last year tax return
  • If you are filing as married, you need to come with your spouse
  • Your 1099s along with your W-2s
  • Information on all income
  • Information on your credits and/or deductions
  • Bank account information for direct deposit
  • Social Security card

Where Can I Locate a Volunteer Income Tax Assistance Program Site?

If you fit the above criteria and you are looking to find where the Volunteer Income Tax Assistance Program is near you, you will want to check out the VITA site locator. This will give you all locations of where you can find the Volunteer Income Tax Assistance Program.

Be sure to bring all the required documents with you, so you can file your tax return as soon as possible.

How to Locate VITA Sites and What Are They?

Need help filing your taxes? You may benefit from locating a Volunteer Income Tax Assistance program that will help you file your taxes for free. Find out how.VITA or also known as the Volunteer Income Tax Assistance is a program that offers free tax help to those people who make under $55,000, people with limited English skills, and people with disabilities who need the extra assistance in doing their taxes.

The Volunteer Income Tax Assistance program has IRS-certified volunteers that will provide this free yet basic income tax help for these eligible people mentioned above.

Alongside the Volunteer Income Tax Assistance program, there is also TCE or also known as the Tax Counseling for the Elderly. The Tax Counseling for the Elderly is another program, but this program will offer free tax services for taxpayers who are over the age of 60. These IRS-certified volunteers can help the elderly with any of their retirement and pension-related questions.

What Will the Nevada Volunteer Income Tax Assistance Program Help With?

First and foremost, the Volunteer Income Tax Assistance program will not help you with all your tax questions. They are only obligated to help you with the following tax questions, comments, and concerns:

  • Salaries, wages, etc.
  • Dividends received
  • Interest income
  • Unemployment benefits
  • State tax refunds
  • Pension income
  • IRA distributions
  • Simple capital gain/loss
  • Social security benefits
  • Self-employment income
  • Sale of home
  • Cancellation of debt
  • Gambling winnings
  • Limited itemized deductions
  • Health savings account
  • Child tax credit
  • Education credit
  • ACA statements
  • Earned income credit
  • Limited Amend and prior year returns

What to Bring to the Volunteer Income Tax Assistance Program?

In order to get help as quickly and efficiently as possible, you are going to need to bring some documents with you. These documents are going to be vital for you to get help while you are using the program.

You will need to bring the following:

  • If you are filing jointly, both of you will need to be present
  • Bring all 1099s and W-2s
  • Information for all credits and deductions
  • Information for all income
  • Your copy of the previous year’s tax return
  • Account information for deposit of refund
  • Your social security cards
  • Government-issued identification card for you and your spouse
  • The amount paid to the daycare provider along with the company’s tax ID number
  • Birth dates for your spouse, you and your dependents
  • ACA statements

How to Locate VITA Sites?

You can typically locate a Tax Counseling for the Elderly or the Volunteer Income Tax Assistance site in neighborhood centers, community centers, shopping malls, libraries, and other easily accessible placed throughout your community.

You can either use this nifty VITA locator tool or call this toll-free number 800-906-9887.

If you need a Tax Counseling for the Elderly, you should know that most of these sites will be operated by the AARP Foundation Tax-Aide program. To locate a Tax Counseling for the Elderly, you can use the AARP Site Locator Tool or you can call the toll-free number 888-227-7669.

Your Complete Guide About Low-Income Taxpayer Clinics

Do you come from a low-income family and need help filing taxes? You will want look into information about Low-Income Taxpayer Clinics. The Low-Income Taxpayer Clinic or also known as LITC is a federal grant program that provides qualified organizations around $100,000 every year to help low-income taxpayers file their taxes. These low-income taxpayers typically would not have the education or resources to do their taxes on their own. And they even have people who speak English as their second language.

You should also note that qualified organizations will be required to meet the goals of the program in order to stay on board. If they fail to meet the goal of the program the organization will not be funded and shut down immediately.

What is LITCs Services?

When it comes to the Low-Income Taxpayer Clinics, they will teach you and provide you with these three services:

  • They will prove you with pro bono representation if you are a low-income taxpayer during any sort of tax dispute that you may have with the IRS. This will include collection matters, appeals, audits, and even the federal tax litigation.
  • The Low-Income Taxpayer Clinics will also educate those low-income and English as a second language taxpayers about their responsibilities and rights when they file their taxes.
  • The Low-Income Taxpayer Clinics will also advocate and identify any and all issues that affect low-income taxpayers.

Why are Low Income Taxpayer Clinics Important?

Low Income Taxpayer Clinics are  to because they help represent low-income taxpayers who may or may not have the resources to represent themselves.

The Low-Income Taxpayer Clinics also offers educational resources for low-income and even English as a second language taxpayers about their responsibilities and their rights while filing their taxes.

The Low-Income Taxpayer Clinics do this all for free or for a small fee for eligible individuals. You should also note that the Low-Income Taxpayer Clinics are separate from the IRS. While they receive a small funding from the IRS, they are a separate entity.

About Low Income Taxpayer Clinics Eligibility Criteria

First and foremost, in order to be eligible to receive services from the Low-Income Taxpayer Clinics you should know there are income guidelines that you will need to meet along with other factors before you can receive any services from the program.

As for income in the state of Nevada, you cannot exceed the following amounts per your family size:

Size of Family Annual Income
1 $31,225
2 $42,275
3 $53,325
4 $64,375
5 $75,425
6 $86,475
7 $97,525
8 $108,575
Each Additional Family Member… $11,050

How to Locate a Low-Income Taxpayer Clinic?

Do you need to locate a Low-Income Taxpayer Clinic? You can easily do so by checking out this list. It will give you all Low-Income Taxpayer Clinics near you. This list lists all the Low-Income Taxpayer Clinics in the United States.

Save Your Home: Mobile Home Evictions in Nevada

Are you on the cuff of being evicted from your mobile home? If so, you will need to know your rights and your responsibilities as a tenant. You can find out everything in this guide. In the state of Nevada, the relationship between landlords and tenants who live in a mobile home park is governed by Chapter 118B of the Nevada Revised Statutes.

The Nevada agency is going to oversee ensuring that mobile homeowners and their occupants are protected under the Nevada Manufactured Housing Division. The Nevada Housing Division is responsible for the following:

  • Titles of mobile homes
  • Inspecting mobile homes
  • Licenses of the mobile home parks
  • Licenses of managers of the mobile home parks
  • Investigates complaints made against the mobile homeowners and/or managers

But for today, we are going to dive deeper into mobile home park evictions, and what you as a mobile homeowner duties and rights are.

When Do You Apply Chapter 118B to Mobile Home Tenants and Landlords?

This is a very good question. You will typically apply Chapter 118B when the following happens:

  • When there are more than two mobile homes rented
    • Over half the park is rented for more than one night
    • Over half the park is rented for longer than 3 months
    • Mobile homes are for permanent residences and not vacation residences

When Do You NOT Apply Chapter 118B to Mobile Home Tenants and Landlords?

Now, that we have gone over when you should apply Chapter 118B to mobile home tenants and landlords, let’s talk about when Chapter 118B will NOT be applied. The Chapter 118B will not be applied in the following situations:

  • If the mobile home park is under the public housing authority operation
  • A lot is rented less than three months
  • Mobile home park is for recreational purposes and not permanent residences

How to Evict a Mobile Home from My Land

If you are a mobile homeowner who currently rents a space but owns their own mobile home in a park where Chapter 118B applies, your landlord will be required to go through the formal eviction process.

If you are curious what the formal eviction process is, it is going to be the same way you would evict someone who is living in an apartment. You will need to go through the courts, file your motions, get a hearing, and have the judge decide with you on the case.

However, if you do not own your mobile home and you are renting a space in the mobile home park, then the landlord will have to use the summary eviction process to evict you.

If you are curious about the summary eviction process, it is where your landlord will serve you, the tenant with two eviction notices. When you receive this notice, you will have the choice to leave the mobile home or you can file an affidavit with the court of Nevada to dispute this motion.

If you decide to file an affidavit, then the landlord will get to file a complaint within the Nevada court to evict you. This will lead to having a hearing in which the final decision will be made.

Where Can I Find Self-Help Forms for My Mobile Home Eviction?

Of course, you want to do everything yourself, including filling out forms and getting the ball rolling. You should know that you can find all the instructions and forms you will need on formal mobile home evictions located on the Nevada Supreme Court Law Library official website.

If you need the forms for a summary mobile home evictions, you can find them on the Self-Help Center official website.

Will My Landlord Need a Reason to Evict Me from the Mobile Home Park?

Your landlord will certainly need to have a reason to evict you from your mobile home park. They cannot evict you for no reason. That would be illegal.

Your landlord will need a reason such as the following:

  • Failure to pay rent
  • Violating the rules of conduct
  • Nuisance
  • Annoyance
  • Non-compliance with rule or law of the park

In most cases, the landlord will be required to give you time to fix the violation. If you fail to fix the violation, the landlord is then permitted to give you your termination notice.

The amount of time a landlord will give you will all depend on why the landlord is terminating residency with you.

However, in the termination notice that the landlord sent, the landlord will be required to give you the reason why you are being terminated along with the places, dates, and times of the violations.

By Law How Much Time is a Landlord Supposed to Give During Mobile Home Evictions?

As we mentioned above the landlord will have to give you a variable amount of time depending on why he or she is terminating residency with you. Here we are going to discuss the amount of time for each reason why he or she would be terminating your residency

  • Failure to pay your rent will consist of a ten-day notice.
  • Failure to comply with ordinances, laws, and governmental regulation will consist of a forty-five-day notice.
  • Being a nuisance will consist of a forty-five-day notice.
  • Failure to comply with the code of conduct, use of park facilities, and occupancy will consist of a forty-five-day notice.
  • Changes in the usage of land will consist of a 180-day notice
  • Failure to abide by local ordinances and state laws will consist of a five-day notice.
  • Failure to meet all income and age qualifications will consist of a forty-five-day notice.

What are the Duties and Rights of Mobile Home Tenants and Landlords?

We previously mentioned that Chapter 118B outlines the duties and rights when it comes to mobile home park tenancies and mobile home parks in general. This is where tenants and landlords both can come to educate themselves on what is to be expected of them.

But for your benefit, we are going to display some of these duties and responsibilities below:

  • Your landlord is required to give you at least a 90-day notice, if they are going to raise your rent.
  • Mobile home park landlord is responsible for maintaining the trees, removing the snow, and keep the common areas safe and clean.
  • Mobile home park landlord will be solely responsible for any and all abandoned and unoccupied lots.
  • Tenants will be solely responsible for their lot that they rent. But this will also be dependent on what your lease says that you signed with your landlord.
  • Tenants can withhold rent, if the mobile home is unfit to stay in for over 48 hours.
  • Mobile home park landlord will be required to lessen the rent if they take away an amenity, service or utility.
  • Mobile home park landlord cannot turn off any of the tenant’s utilities.

Is It Legal for My Landlord to Put a Lien on My Mobile Home?

Yes, a landlord can put a lien on your mobile home if you failed to pay your rent or failed to pay your utilities. However, the landlord’s lien cannot be more than $2,000 or the amount that is overdue, whichever option is the least expensive.

As a landlord, they will be required to place this lien within 15 days after the utilities or rent is 30 days past due. So, in simpler terms, the landlord will put a lien on your mobile home within 30 to 45 days after your utilities and/or rent is due.

If you fail to pay the lean, the landlord will have the option to sell your mobile home to pay the lien themselves.

What you should know is that they cannot sell your mobile home until four months have passed, so you will have some time to pay off the lien before they can legally sell your mobile home.

What is an Affidavit Claiming Exemption? How to Handle it

Trying to file an affidavit claiming exemption, but don’t know where to begin? You’ll want to read through our FAQ and the process on how to get this daunting task done. Have you been served with papers stating that a debtor is going to either garnish your wages or something else?

Are you now panicking and realize you can file an Affidavit Claiming Exemption, but don’t know where to begin, what this truly is, or how the process works?

You have come to the right place. Today, we are going to answer all your questions and give you a general breakdown of how the process will work.

What Type of Property and/or Money Cannot Be Taken Under a Judgement in Nevada?

As usual, there are a few different types of property that will never be collected from you, if you have this judgment on your record. This property is known as exempt property. Along with the exempt property, here are some other exempt things that will not be taken from you under the Nevada state law:

  • 50 times the minimum wage, which is at $362.50 per week or 75 of your earnings. Whichever is greater.
  • Unemployment benefits, disability benefits, or illness benefits
  • Workers’ Compensation payments
  • Public assistance benefits such as Food Stamps, Welfare, TANF, or General Assistance
  • Veterans Benefits
  • Social Security Disability benefits
  • Supplemental Security Income (SSI) and Social Security
  • Court order payments (alimony, child support, etc.)
  • State and federal retirement monies
  • Vocational rehabilitation benefits
  • Specific Individual Retirement Accounts
  • Life Insurance. Only if your annual premium is below $15,000.
  • One vehicle only if the equity is below $15,000
  • A homesteaded house
  • Vital personal effects, yard equipment, or household goods. Maximum limit of $12,000.
  • Necessary tools and materials for your business or trade that supports you and your family. Maximum limit of $10,000.
  • Personal injury benefits up to $16,150.
  • Wrongful death compensation
  • Restitution payments
  • Security deposit you put down for your primary home.
  • Personal property up to $1,000
  • Private Disability Insurance plan proceeds
  • Money set aside in a trust fund for burial and funeral services
  • Unemployment benefits
  • Money paid out by the Public Employees Retirement System
  • Vocational Rehabilitation benefits
  • Child welfare assistance

Please Note: The above list is not the FULL list of exemptions. This list is of the more common exemptions. If you need a full list of exemptions, you will need to consult with an attorney.

The Process of Filing an Affidavit Claiming Exemption from the Taxpayer POV

Now, that we went over common exemptions and before we get into the frequently asked questions about the process, let’s get into how this process truly works.

Keep in mind, everything here should not be taken as legal advice. If you have any legal questions it is always best to consult with an attorney as they will be able to give you the soundest advice possible.

If you are looking to file either a Third-Party Claim or an Affidavit Claiming Exemption, you will need to do so with the Court of Nevada.

You will find the entire process of how you can claim exempt property in the Notice of Execution that was mailed to you recently. This will be your lifeline during this process. If you are unsure of the instructions or want to get advice on how to proceed, your best option is to consult with an attorney or go to the Nevada Legal Services.

When you finally get the Third-Party Claim or the Affidavit Claiming Exemption filed with the Nevada court, you will need to have it notarized along with the file-stamped copy for their records. You will then need another copy for the attorney of record as well.

How Can a Debtor Claim an Exemption?

Just because your property may be exempt, that does not mean the debtor cannot bring this to the court and creditors attention.

For anyone to claim an exemption on any sort of property, it must be levied upon. The debtor will have 10 days after the Notice of Execution was mailed out to serve the plaintiff and constable with the claim of exemption to the clerk.

The clerk will then provide them with a checklist along with a description of the more commonly claimed exemptions (like we placed above). The clerk will also give you detailed instructions concerning your process of how the property will be released, if there is no objection filed afterward, and the process that the court will use to either deny or approve your exemption. You should know there is no price for filing this form with the Nevada court.

What Happens When the Debtor Files Their Affidavit Claiming Exemption?

The sheriff or constable will be the one who will release the property to the debtor in between the 9 judicial days after the claim of exemption was properly served. However, if the creditor decides to file an objection to the claim or a notice for a hearing was not filed within 8 judicial days after the serving of the claim of exemption.

When Will My Hearing be Scheduled?

If there is an objection to the claim of exemption when the notice for a hearing is filed with the creditor, the creditor will then need to serve a hearing date. The hearing date will be served not be fewer than 5 judicial days.

What Will Happen if a Creditor Wants a Hearing?

If that is the case, you will need to prepare yourself for the hearing. You will need to prove during the hearing that your property is indeed exempt. You will need to bring bills of sale, receipts, assessors’ statements, Kelly Blue Books, monthly bank statements, vehicle registration renewals, and anything else you would think to help prove your side of the story.

During the hearing, if you convince the judge, they will then state that the property or money be released back to you.

If you fail to convince the judge, they will not release the money or property back to you.

What Happens if I didn’t Convince the Judge?

You can appeal the decision. It is best to do this process with an attorney, to ensure you get the best possible outcome.

Your One Stop Shop for Nevada Estate Planning Checklist

Are you thinking about the end of your life and how to prepare? You will want to read up on estate planning in Nevada and how it can benefit you. No one ever suspects that today is going to be their last day. Hardly anyone ever has a plan for what to do with their estate after they have passed on or if they become incapacitated and unable to make these decisions.

The time to start planning for what will happen to your estate is not tomorrow, next week, or next year. The time to start planning is now.

Today, we are going to go over an entire basic estate planning checklist. This checklist will include documents such as a Living Trust, a Last Will and Testament, Medical Power of Attorney, and lastly the Financial Power of Attorney.

What is Estate Planning in Nevada and How do you Start?

Estate planning is going to be the plan for your belongings after you passed on or in the event you become incapacitated and you are unable to make decisions for yourself.

Getting an estate plan together sounds like it is a daunting task. It does not have to be that way. If you can follow the directions closely, you should have an easy time. If you feel as if you are unsure of something or you cannot do this on your own, then you should look for an attorney to help you through this process.

You should know that all legal instruments in your estate plan will have a different purpose, and not all legal instruments will be designed for your situation. This will be where you must pick and choose which legal instruments you will need and which ones you will not need. This choice is completely up to you and your situation.

The Estate Plan Checklist

Now with that all being said, let’s get into the nitty-gritty of it all the step-by-step instructions on how to get your estate plan all set up.

Pick Your Health Care Agent

First and foremost, your health care agent is going to be someone that you trust with your life. Literally, this person will be the one who will make all the hard-medical decisions if you are unable to.

Your health care agent will have his or her obligations and duties spelled out in the below document. But typically, a health care agent will be the person to make your medical decisions when you are incapacitated.

Medical Power of Attorney

In order to have a health care agent, you will need to have filled out and completed a Medical Power of Attorney document. This document will allow the person you pick to make your decisions if you were ever incapacitated. This document will have your future wishes spelled out very thoroughly, so he or she will know what choices to make and when to make them.

For this document to be a legal binding document, you must sign either in front of two witnesses or in front of a notary public.

Pick Your Financial Agent

Your financial agent is going to be the person who will be in control of your finances. When we say finances, we mean the following:

  • Taxes
  • Accounts
  • Personal property
  • Investments
  • Real estate
  • Gifts
  • Retirement Plans
  • Stocks and Bonds
  • Benefits from military or civil service or governmental programs
  • Commodities and options
  • Family and personal maintenance
  • Insurance and Annuities
  • Banks along with your other financial institutions
  • Beneficial interests, estates, and trusts
  • Claims and litigation
  • Operation of business or entity

When picking your financial agent, you are going to need to pick someone you completely trust to take care of your affairs, if you were incapable to do so. Typically, for your financial agent, most people will choose either a relative they can trust or their spouse.

Durable (Financial) Power of Attorney

The Durable Power of Attorney form is going to consist of all areas of your finances that the financial agent will have control over. Once this document is filled out, your financial agent will have the power to make financial decisions on your behalf no matter if you are or are not capable of making those decisions.

So, you should 100-percent trust the person you put in place for your financial agent as once this form is signed, it will go into effect immediately.

For this form to be legal binding, you must sign this form in front of a notary public.

Make an Inventory Sheet of Your Assets

No one really thinks about all their assets, but in your estate plan, you should think about each one of your assets.

It is going to be smart to make an inventory sheet of your debts, assets, and even your liabilities. You do not want to leave out anything when you are going through this estate planning process.

When making your list, it would be wise if you put next to each asset who will be receiving that in the event of your death, so everything can be divided without hassle.

Pick Your Beneficiaries

When you pass away, your estate will be divided up per your wishes that will be in your Will or Trust. The people who will receive portions of your estate are known as beneficiaries or also known as heirs.

Typically, when people choose their beneficiaries, they will choose people who were close to them such as their immediate family members, close friends, relatives or colleagues.

Establish Your Will or Living Trust

One of the biggest parts of this entire estate planning process is to find out which of the following documents will work for your needs and your situation. You are going to have to choose in between a Revocable Living Trust and a Last Will and Testament.

If you are completely unsure which one is best for you, you will need to find an attorney near me to help you decide before you start on either document.

Last Will and Testament

The Last Will and Testament is going to be the instructions on who is getting what in your estate after you were to pass away. This will also go over your taxes, debts, and even your liabilities and how you would like them to be handled. If you have children, this document will go over who will be their guardians as well.

After you were to pass away, your Last Will and Testament will need to be verified in the probate court before anything can be handled.

When signing the Last Will and Testament, you must sign in front of two witnesses.

Revocable Living Trust

The Revocable Living Trust is a little bit different than the Last Will and Testament. The Revocable Living Trust is not just instructions that you set forth, but it will explain how your estate will be transferred.

You will then need to transfer items to a Trust, so once you pass away, the assets will have to go through probate prior to being given to the beneficiaries.

You are free to revise this document at any time while you are alive. However, any property or asset that is not placed in the trust should go into your Last Will and Testament to ensure it goes to the proper person when you pass away.

To make a Revocable Living Trust legal binding, you will need to sign this document in front of a notary public.

Store Your Estate Plan in a Safe Place

All your estate planning documents should be stored in a safe and secure place. Typically, you should invest in a fireproof/waterproof safe and keep that in your home or at your attorney’s office.

Please do not store these documents in a security deposit box because the court will not open them after you have passed away.

However, it is vital wherever you store your documents, you should always share the information on where they are, the key or combination (if applicable) with an executor, an agent, or an attorney in the event of your passing.

Nevada Workers’ Compensation: How to Guide

Injured on the job? Don’t know how to navigate your employer’s Nevada workers’ compensation insurance? Check out this guide for everything you need to know. The state of Nevada law will require all private employers with more than one employee to have a workers’ compensation insurance.

If you are unsure of what workers’ compensation insurance is, it is what will pay for your lost wages, medical bills, and permanent disability, if you are injured while on the clock. But, just like everything else there are guidelines that you will need to follow.

Today we are going to go over these requirements in the guidelines to better help you understand what type of benefits you will get, if you are even eligible, and how to go ahead and file for workers’ compensation.

Am I Eligible for Workers’ Compensation Insurance?

Like nearly every other state, Nevada’s workers’ compensation insurance will cover your injury that happens while you are on the clock at work. This means if you get injured while handling your work-related duties, you will be covered under workers’ compensation.

You should know that if you are not on the clock and you get injured, you will typically not be covered by workers’ compensation. For instance, if you leave your job on your lunch break and you get hurt during this time, this usually will not be covered under your employers’ workers’ compensation insurance.

However, you should note that traumatic injuries including you breaking a bone from slipping and falling will be covered by workers’ compensation.  Even occupational diseases will be covered as well. These injuries will have to have been caused by constant movements during your workday or exposure to toxic substances that developed your illness.

What’s the Process if I Become Injured at Work?

If you find yourself injured while on the clock, you will need to immediately notify your boss and get treatment as soon as possible.

You will then have to write a notice to your employer within a week after your injury or accident on the job.

If you are suffering from an occupational disease, you will have a week to write a notice to your employer from the moment you are diagnosed with it.

Then your employer will give you the form you will need to fill out to report your injury. This form is known as form C-1. You do not want to wait until the last minute to give your notice to the employer because this can cause you to not be covered under their workers’ compensation insurance.

In a dire emergency, you will have the opportunity to choose what hospital and what doctor you want to see. If your injury is not an emergency, you will have to go through the workers’ compensation guidelines for who and where you can get your treatment.

In the state of Nevada, employees are very limited when it comes to where they can get their care unlike some of the other states within the United States.

Sometimes you will find out that your place of employment has either contracted with a Preferred Provider Organization or an Organization of Managed Care. If so, you will need to pick a doctor from the approved list, which you can get directly from your employer.

If your place of employment is not in one of these networks, they more than likely still have a list of authorized medical providers you can go to as well. You will again need to get the approved list from your employer.

At your first medical appointment, you will need to let the physician know upfront that this injury you sustained was a work-related accident. This will prompt the physician to fill out the Employee’s Claim for Compensation/Report of Initial Treatment or also known as form C-4. They will then send it off to your place of employment within 3 days from your appointment.

When your employer gets the form C-4 from the physician you saw at your medical appointment, your employer’s insurance company will have 30 days to either deny or accept your claim.

What you need to know is that your official workers’ compensation claim begins the moment the physician fills out and files the form C-4.

What Type of Benefits Can I Get from Nevada Workers Compensation?

Along with having your medical bills and treatment paid for, you will also can either collect permanent disability award or temporary disability payments.

Temporary Disability Fee Schedule

If your injury left you temporarily disabled and you cannot perform your job duties, then you will be eligible to get temporary total disability benefits.

You are probably wondering how the temporary total disability payments are calculated. That is a great question. These payments will be only two-thirds of your average monthly wages. The maximum temporary total disability benefits you will be able to receive is $3,697.04 monthly.

You will be eligible to receive these benefits until your physician figures out that you have reached your maximum medical improvement, which just means that your condition is not going to improve within the next year.

At this time, if you can return to your job to either do modified work or just work part-time while you are still in recovery, you can still be eligible to receive what is known as temporary partial disability benefits.

These temporary partial disability benefits will only be available to employees to ensure that they get what they would get if they got temporary total disability.

You should know these benefits will only last for a maximum of 2 years.

Permanent Disability Fee Schedule

Now, if your injury led to you being permanently disabled, then under your employers’ workers’ compensation insurance you will get two-thirds of your averaged out monthly wages for as long as you cannot work.

There will be certain injuries that include amputation of the legs and blindness that will consider you totally and permanently forever disabled. While there are other injuries that could also make you eligible, but for the most part, to be considered under the permanent disabled category you will never be able to get any employment from here on out.

My Claim Was Denied. What’s Next?

If you found out that your workers’ compensation claim was denied or that your employer’s insurance company is disputing a part of your claim, under the Nevada laws you can appeal this decision.

Your very first step when you are going to file an appeal is to do so within 70 days of receiving your denial. You will need to file your appeal through the Department of Administration.

You will then have a hearing where an appointed hearing officer will listen to your side and your employers’ side of the story prior to deciding to either approve or deny this claim.

If you do not agree with the decision that came out from the hearing, you will have 30 days to file an appeal with the Appeals Officer in Las Vegas.

COPE Class: Mandatory Nevada Parenting Class

Do you and your spouse share children together in Clark County Nevada? If you are getting a divorce, you will be required to take COPE class. Find out where you can take it here. Are you thinking about divorcing your spouse and live in the Clark County Nevada area? Did your friends or family members tell you that you will be required to take what is known as a COPE class since you have kids with your soon to be ex-spouse?

Today, we are going to go over everything you will need to know about this COPE class, how you can complete it, and what it entails from you.

Is This Class Court Ordered?

The short answer to this question is that no, it is not court ordered. If you reside in Clark County Nevada, you will be required to take the class as a part of your divorce, if you share children with your soon to be ex-spouse.

How Will This Nevada Parenting Classes Help Me?

You are probably wondering why in the world do you need to take a parenting class as a part of your divorce. Well, what you may or may not know is that divorce is not only involving you and your spouse, it also involved the children as well.

The COPE class will help you see and be able to mend the following issues before they get too big:

  • Conflict management
  • Spot stress indicators
  • Financial portion of parentings
  • Emotional toll it will take on you
  • Emotional toll and behavioral problems that your children may experience
  • Parenting Issues at all stages of your children’s life
  • The crucial point of having a healthy co-parenting relationship
  • Spousal abuse, child abuse, family violence, and neglect
  • Available resources and community services

Where Can I Take the COPE Class?

You used to only be able to take the COPE class in person. Now, many providers offer the COPE class online, so you do not have to leave the comfort of your own home if you do not want to.

You will be happy to know that you will not have to attend the class with your soon to be ex-spouse. But the catch is that you both will have to take the class before your divorce is finalized though. If one of you fails to take the class before the divorce is finalized, the judge will not formally finalize it until you go through the class.

The COPE class is typically offered in English or Spanish. The COPE class is going to be a 3-hour class if you attend in person. However, if you are opt-in for the online COPE class that can take you anywhere from 3 to 5 hours to complete.

The COPE class is not a free class to take. It is going to cost you anywhere from $40 to $45 a person. When you complete the class, you will then be handed a Certificate of Completion that you will need to take to the court, so you can file it. This will allow the judge to know that you have successfully completed the course.

Places You Can Take the Course Online

You can take the COPE Class Online at the following court-approved places:

Places You Can Take the Course In-Person

You can take the COPE Class in-person at the following court-approved places:

Why Am I Having to Go Back to Court After for Divorce After it Was Finalized?

The last thing you want to do is keep going back to court even after your divorce was finalized. If you find yourself back in the Clark County Courtroom, it could be for one of the following reasons:

  • Child support review
  • Verify visitation
  • Verify physical custody
  • Verify if you are both on the same page about vacation
  • Verify any issues you may be having co-parenting
  • Verify child’s extracurricular activities

Until your child turns 18, and you and your ex-spouse lives within a day drive to Clark County, you will be brought back to the courtroom infrequently to ensure that you both are co-parenting and you have the child’s best interest in mind with everything that you are doing.

What are Your Renters Rights in Nevada Against Rental Increases?

Do you feel as if your landlord is taking advantage of you when it comes to increasing your rent? You should know there are no rent control laws in the state of Nevada. Find out more. Over the last few years, there has been a huge increase of new businesses and even new residents in the Sparks/Reno area.

With this increase, landlords are fixing up their rental properties which is hastily driving up property taxes and property values. This is leading to higher rental prices for these new and improved rental units.

Today we are going to briefly dive deeper into Chapter 118A, which talks about the rental increases in dwellings and Chapter 118B, which talks about mobile home parks.

Chapter 118A and Rental Increases

If the dwelling is listed under Chapter 118A, the landlord is required by law to give you 45 days written notice of them increasing your rent.

However, if you are in a lease with your landlord, by law they are not allowed to increase your rent until the term of the lease has expired. When the lease is about to expire, they still have 45 days to send you a written notice of the new rental rate that will be applied when their lease officially expires.

If you only stay month to month with your landlord, then he or she is only obligated to give you 15 days written notice of the new rental rate.

You should also note that your landlord will not be allowed to increase your rent in retaliation against you. For instance, if you reported your landlord because he or she is violating the health code, your landlord cannot turn around and jack up your rent because you got them in trouble.

If you are unsure if your landlord is raising your rent in retaliation against you, it is best to consult an attorney who can help you figure out what is going on in your situation.

How Much Can a Landlord Raise Rent in Nevada?

As of right now, the state of Nevada does not have rent control laws.

What does this mean to you as a tenant?

This means that your landlord is permitted to increase your rent as much as they want. However, most of the landlords will only increase it to market value, to get the most money. If you find that your landlord wants to increase your rent over market value, you can either stay and pay or you can leave.

Landlords that do this tend to end up with empty units as no one will be able to afford their place. This is just one of the downsides of Nevada not having rental increase laws.

Chapter 118B and Renters Rights in Nevada

Now, Chapter 118B is going to be about mobile home and mobile home parks. If your landlord in the mobile home park wants to increase your rent, they will be required to give you at least a 90-day notice before they can legally increase your rent.

The notice that the mobile home landlord gives you will either need to be hand-delivered to you or mailed to you via first-class mail.

If the Fund for Low-Income Owners of Manufactured Homes gives your assistance, then not only do they have to send you a written notice, but they will also have to give the administrator the 90-day notice as well.

All rent increases in a mobile home park will have to go right across the board with all the same lot sizes. For instance, if you are in a double-wide lot, you will be charged the same as all other people who are in double-wide lots. They all cannot be different rates for the same thing. The only time they can be different is if the lot is different in size.

Just like in Chapter 118A, a mobile park landlord cannot raise your rent in retaliation. Again, if you were to get them in trouble for not abiding by the law, they cannot come after you and raise your rent to get pay back. If they do, you will need to quickly contact a lawyer to get this situation sorted out.

Under Chapter 118B, mobile park landlords will not be permitted to cut off any amenities, utilities or services for any reason. If they choose to take away services, then by Chapter 118B they must reduce your rent accordingly to reflect you not having that service, utility, or amenity.

How to Properly Terminate a Guardianship

Everything you need to know to properly terminate your guardianship of an adult or child. First and foremost, guardianship may not be needed for a variety of reasons. But, today, we are not just going to sit down and talk about terminating a guardianship in the general sense. We are going to sit down and discuss how you can terminate a guardianship of a child and terminate a guardianship of an adult as well.

Reasons Why You Would be Terminating a Guardianship in Nevada

Here are some of the more common reasons why someone would terminate a guardianship in Nevada, whether it is a guardianship of a child or an adult.

Death

When the person who needs a guardian dies or also known as the protected person, the guardian is going to be required to notify the court, which in result will close the guardianship case.

There will be a final accounting and a hearing which will be required before the guardianship case is formally closed.

Age of Majority

If the protected person is a minor, once they turn 18 the guardianship will terminate.

Parents Will Care for Child

Another great reason for terminating a guardianship case is when the biological parents can care for the protected person.

However, the biological parents will need to prove to the court that they have fixed the issues, which led to someone else having guardianship of the child. The biological parents will be required to prove to the court that they will be able to properly provide shelter, food, clothing, and care for the protected person.

If you agree that the biological parents can take proper care of the protected person, you can sign papers, which will give the parents back their guardian rights.

If you do not feel as if the biological parents can take proper care of the protected person, the parents will be obligated to put in a formal petition into the Nevada court and the judge will have to decide who will get guardianship.

Moved Out of Nevada

If you have prior court approval and you and the protected person moves out of the state, the guardianship case will be closed out in the state of Nevada and started in what state you decide to reside in.

However, you will need to start a guardianship case in the state in which you are moving to and you will need to provide Nevada with proof of your new guardianship case.

Competency

This will typically apply to guardianship cases for adults. If the protected person or in this case the adult is competent and capable of managing their own life, the guardianship can be terminated.

However, for this guardianship to be terminated, two physicians will be required to see the protected person and state that they are competent to handle their own affairs.

How to Terminate a Child Guardianship

In the case of a child guardianship, there are a few different ways that this type of guardianship can be terminated.

You should know that the options you have on the table to terminate the guardianship will typically depend on how old the protected person is and whether you and the biological parents both agree or disagree when it comes to the guardianship case.

Petition to Terminate Guardianship Form for Child

If you, the guardian does not agree to end the guardianship and give the rights back to the biological parents, you will be required to undergo a hearing in the Nevada courts.

The biological parents will be required to fill out the petition to terminate guardianship forms and file them. Then the biological parents will be required to set a hearing, which will in result serve the current guardians and any other respective relatives.

This is so the judge will have the opportunity to see everyone in person. Ultimately the judge will be the one who will decide who will get guardianship of the child.

However, during this hearing, the biological parents will have to prove to the judge that they can provide proper care for the protected person such as having shelter, food, and clothing for the protected person.

Terminating Once the Protected Person Turns 18

Terminating a guardianship once the protected person turns 18 will solely depend on whether your guardianship was over the protected person’s estate or just their person.

Over the Person

When the protected person turns 18, guardianship will automatically end. Even though, you will not be required to do anything legally to end this guardianship, but you should certainly notify the Nevada court that the protected person has turned 18, just so the court can formally close the case.

Over the Estate

Now, if your guardianship case also involved the protected person’s estate, then there are more than likely assets that the protected person is entitled to at disclosed financial institution. Once the protected person has turned 18, you will still need a court order for the protected person to retrieve their assets.

By getting a court order, you will need to have protected person fill out the following form, which will request the court to release the assets to them. The judge will then need to sign off on this order and the assets will be given to the protected person.

Terminating Guardianship with Biological Parents

If everyone involved meaning the guardians and both of the biological parents are in agreement of terminating the guardianship of the protected person, then they can fill out the stipulation form, which states that everyone involved is in agreement to terminate the guardianship.

If the protected person is over the age of 14, they also must agree and sign the stipulation form as well.

However, if only one of the biological parents agrees to terminate the guardianship, then that parent’s disagreement will be required to be explained.

Both parties, the biological parents and guardians will need to explain why they are going to terminate the guardianship. They will need to provide concrete information on who will have guardian over the protected person from this day forward. Then the judge will need to sign the stipulation form as well. If the judge does not agree with the termination, then the guardianship will stay as it currently is.

How to Terminate an Adult Guardianship

In many of the cases of terminating an adult guardianship, a court hearing will be required to formally close this type of guardianship case.

Just about anyone, including a relative, guardian, or the protected person are permitted to file papers asking the judge to terminate the guardianship case.

In this section, we are going to talk about why you may want to terminate the guardianship case and what forms you will need to complete the process.

File the Correct Papers

In order to terminate an adult guardianship, you will need to fill out the Petition to Terminate Guardianship along with the Citation or a Notice of Hearing. Keep in mind depending on your case, you may be required to provide a few other documents as well.

First and foremost, you will want to print out and follow the instructions on the forms to ensure you are filling out the forms properly.

If the protected person has died, you will need to fill out the notice of hearing instead of filling out the citation, which is included in the forms linked above.

Serve the Proper Papers

Once you have filled out the proper forms, you will then need to serve the papers to all required parties.

You should know that this step of the process is very vital. If you fail to do this step correctly, the judge can terminate your hearing.

In order to properly serve papers, you will need to send off the citation and the petition to terminate guardianship to the guardians, the protected person, their relatives, and his or her attorney.  This is so everyone in the parties will know about the hearing and they will all have their own chance to respond to this request.

This is how you will properly serve the above papers:

  • If the protected person is still alive, you will need to mail out the petition along with the citation to all people by certified mail.
  • If the protected person is dead, you will need to mail out the petition along with the notice of hearing to all required people by regular mail.

Day of Hearing

When it is your hearing day, you will want to ensure you arrive at the courthouse early. You will want to have enough time to park, get through the security checks, and find the correct courtroom. Finally, you will need to check in with the courtroom marshal as well.

When the hearing finally starts, the judge will ask questions to you and the rest of the parties who is sitting in the courtroom. However, once the judge listens to everyone who wants to come forward, he or she will decide.

If the judge agrees to terminate the guardianship, the judge will then ultimately sign the Order Terminating Guardianship. You will need to bring this form to the court, you can find the form in the packet above. Once, the judge signs the form, you will then need to file it at your local clerk’s office. You will then need to send a copy of the form to all required people along with filing the Notice of Entry of Order with the court as well.

T Visas for Victims of Human Trafficking

Everything you need to know about getting a T visa. Human trafficking is much more common than anyone would like to admit. Human trafficking is the modern-day slavery in which people will lure people with promises of a better life and employment.

Victims of human trafficking can be given relief under the United States immigration law thanks to the Victims of Trafficking in Persons nonimmigrant visa. This vista will allow the victims of human trafficking to stay in the United States to help investigators in the prosecution of the suspects.

First and foremost, the foreign citizens that will be seeking a T-1 nonimmigrant status will need to be on the United States soil due to be a victim of human trafficking.

So, if you are not in the United States, the United States Embassies and Consulates in other countries will not be able to help you get a T-1 visa, but they can help you get T visas for your qualifying family members, which we will get into in a bit.

How to Receive a T-1 Nonimmigrant Status?

For you to receive a T-1 nonimmigrant status, you will need to comply with and be eligible for the requirements that the application sets forth by the United States Citizenship and Immigration Services.

For you to be eligible for this visa, you will need to first and foremost be in the United States, United States port-of-entry, American Samoa, the Commonwealth of the Northern Mariana Islands due to be a victim of human trafficking.

If this describes you, you will be permitted to apply for the T-1 nonimmigrant status. You will need to fill out the Form I-914, which is the application for the T-1 nonimmigrant status. Keep in mind the United States Embassies or Consulates will not be able to accept these applications. Only the United States Citizenship and Immigration Services will be permitted to accept these applications.

How to Apply for T Visas for Immediate Family Members?

Before you begin this process, you will need to know that there are a few steps you will need to do when you are applying for a T visa.

You should also know that the order in the steps on how you will complete them is completely up to the United States embassy or consulate where you decide to apply. You will need to consult with them when you are ready to apply for the T visa.

Types of T Visas for Immediate Family Members

As you are applying for the T-1 nonimmigrant status, you can also apply for your immediate family alongside your own application or later, if you choose.

Your age will solely depend on when you will be able to apply for certain family members. Consult with the below information to find out who you can apply for at what time in your life.

21 and under

  • Spouse (T-2 Visa)
  • Children (T-3 Visa)
  • Parents (T-4 Visa)
  • Unmarried siblings under age 18 (T-5 Visa)

21 and over

  • Spouse (T-2 Visa)
  • Children (T-3 Visa)

What Documentation Do I Need?

Every application that is looking for a T visa will need the proper documentation before they attend their interview without this documentation you may run the risk of not being approved. You will need the following documentation:

  • Passport that will permit you to travel to the U.S.
  • DS-160 confirmation page
  • A copy of the photo you uploaded with the Form DS-160
  • Form I-797
  • Your application fee payment receipt

How to Complete the Application

You can complete the T visa application online. You will need to complete the Form DS-160. When you complete the form and application, please print the confirmation page as you will need to bring that to your interview later down the line.

While you are completing the DS-160 form, you will need to upload a photo. Your photo will need to follow these requirements.

How to Schedule an Interview

Interviews are not vital for those who are under the age of 13 and over the age of 80. Those who are between the ages of 14 to 79 will generally require an interview. The consular officers will have the final say if an interview will be required or not.

You will be required to schedule your interview when you are at the United States Embassy or Consulate in the country where you reside.

What Your Interview Will be Like

Once you have scheduled your interview, all you must do is attend at the time that was selected. You will be interviewed by a consular officer. The consular officer will be the one that will decide whether you will get the visa or not and which one you will be given.

During this interview, you will need to have met all the requirements under the United States law to be eligible to receive the visa that you are applying for.

Also, during this interview, you will undergo a digital fingerprint scan as well. No ink will be involved during this process.

When your interview is over, your application may go through more administrative processing, however, if that is the case, the consular officer will inform you of this.

If you get approved, you will need to pay a visa issuance fee and they will let you know how you will receive your visa along with your passport.

Nevada Unemployment Appeal Process Full Guide

Nevada Unemployment Appeal Process Full GuideIf you got a letter in the mail that the Nevada Department of Employment, Training, and Rehabilitation that your unemployment benefits were denied, it is not the end of the world. Just like every other state in the United States, Nevada will give you the right to appeal your denial.

Then if your appeal is successful, you will be permitted to collect the benefits that you would have if your application was not denied in the first place.

Today, we are going to explain how you can successfully appeal your denial of benefits if you live in the state of Nevada. We will go over the more common reasons on why your claim was denied, the proper procedures, and deadlines you will need to meet for filing your appeal, alongside what you should expect to see at your appeal hearing.

Reason Why Your Claim Was Denied

If you found that your unemployment claim was denied, as previously stated you will get a letter in the mail from the Nevada Department of Employment, Training, and Rehabilitation. This letter will state exactly why your unemployment claim was denied.

However, as of right now, we are going to go over the more common reasons as to why many people’s unemployment claim was denied.

Insufficient Earnings

Just like most other states, Nevada will require you to have earned a certain amount within the last 12-month period, which is also known as the base period for you to even be eligible for any sort of unemployment benefits.

Voluntary Quit

In order to receive unemployment benefits, you will be required to be out of work not be your own fault.

However, if you voluntarily leave your job, without any good reason, you will NOT be eligible to receive unemployment benefits. BUT and this is a very big but, if you have a very compelling reason as to why you voluntarily left your job, you may still have a chance to be eligible for benefits.

For instance, if you left because your employer would not fix his or her working conditions or because you had certain health problems preventing you from fulfilling the position, you could still be eligible for unemployment benefits.

Discharge for Misconduct

You will be denied unemployment, if you were let go for misconduct. If you were let go because you were not a good fit or did not possess the necessary skills to properly do the job, you will still be permitted to get unemployment benefits.

However, you need to keep in mind in the state of Nevada, you can be disqualified from getting unemployment benefits for a certain period, if you were let go due to criminal activity or not following your employer’s rules.

Refusing Suitable Work

In the state of Nevada, you will only be permitted to receive unemployment benefits, if you are actively looking for a new job. However, once you turn down work, you will NOT be permitted to collect your unemployment benefits any longer.

After reading these common requirements that you must abide by and you believe that the Nevada Department of Employment, Training, and Rehabilitation made a mistake in denying your claim, then the next step is to file an appeal.

Nevada Unemployment Appeal Process

If your unemployment benefits claim was denied, you will need to file your appeal with the Appeals Office of the Nevada Department of Employment, Training, and Rehabilitation.

Just as we mentioned above, the letter you receive in the mail from the Nevada Department of Employment, Training, and Rehabilitation will tell you exactly why your unemployment benefits were denied.

The letter will also explain to you exactly how and where you need to file your appeal. However, you will need to keep in mind as well that you have 11 days from the date on the letter to file your appeal, so you will need to do that as quick as possible.

Within your appeal, you will need to state why you believe you are entitled to the unemployment benefits.

For instance, in the letter, you will receive it will tell you why you are denied. If you have proof that you met that criteria, this is where you will say so with your proof in hand.

When you officially file your appeal, you will need to file your weekly claims for your benefits, you will still need to look for a new job, along with keeping an organized record of what jobs you have applied to, had interviews at, and offers.

Once you win your appeal, you will THEN be entitled to your unemployment benefits. These benefits will start from the date your claim was denied, but they will only be paid out if you kept filing weekly for your benefit claims and on the job search.

Your Appeal Hearing

Once you officially file your appeal, you will then receive a letter in the mail that will tell you all about when and where your hearing will take place.

Your hearing can either take place on the telephone or in person. It all will really depend on what is available at the time of when you file your appeal. However, every hearing will have a referee who will be present during the hearing and he or she will be the one who will ultimately make the decision on your appeal for benefits.

The referee will ask you questions about yourself, any witnesses you may have and about your employer. The referee will also go over any and all documentation and evidence you provide at your hearing as well.

Keep in mind that your employer can also be present and even participate during your hearing. Your employer may also choose to be represented by an attorney. You can also get an attorney, if you so desire as well.

During the hearing, you will have the opportunity to tell your side of the story. When you tell your side of the story, it is vital that you have witnessed along with documents that back up your story as well.

Decision Time

You should know that there will be no verdict during your hearing. You will get another letter in the mail with the decision. If you were successful and you win your appeal, you will begin receiving your unemployment benefits shortly.

The referee will not decide your appeal at the hearing but will instead send you and your employer a written decision in the mail. If you win your appeal, you should begin receiving benefits soon.

If you are not successful in your appeal, you will have 11 dates from the date on the letter to file another higher appeal to the Board of Review. If you lose that appeal, you can then petition for yet another appeal to the Nevada district court. You will have 22 days to file this appeal.

You will need to ensure you file your appeals during the timeframe given.

Unemployment Office Las Vegas

If you are in the Las Vegas area, you will be happy to know there are two unemployment offices. These offices will be either where your hearing will take place or a great resource when you are filing for benefits or you are going through the appeal process.

The address for the unemployment office in Las Vegas is the following:

3405 South Maryland Parkway
Las Vegas, NV 89169
Telephone Number: 702-486-0100
Fax Number: 702-486-0118

The address for the North Las Vegas unemployment office is the following:

2827 Las Vegas Boulevard North
Las Vegas, NV 89030
Telephone Number: 702-486-0200  
Fax Number: 702-486-0230

What is the Violence Against Women Act of 1994?

Everything you need to know about the Violence Against Women Act of 1994. The Violence Against Women Act of 1994 or VAWA for short is a United States federal law that was on September 13, 1994 by President Bill Clinton. The Violence Against Women Act of 1994 was going to give nearly $1.6 billion to the prosecution and investigation when it comes to violent crimes against women.

The Violence Against Women Act of 1994 also will impose mandatory and automatic restitution for those individuals who are convicted, but also will allow civil redress in some cases that prosecutors choose to not prosecute.

The Violence Against Women Act of 1994 also in the Department of Justice established a Violence Against Women office.

History of the Violence Against Women Act

The Violence Against Women Act was officially drafted by Joe Biden and co-written by Louise Slaughter. These two had major support from the broad coalition of various advocacy groups.

The Violence Against Women Act in 1994 effortlessly passed through Congress with the bipartisan support. The act even passed through the House of Representatives with 235-195, and the senator house with 61-38.

Then again in 2000 there was a Supreme Court case known as United States v. Morrison, which the Supreme Court struck down a provision in the Violence Against Women Act of 1994, which would allow the women to sue their attackers in federal court, if they so choose.

It was voted 5-4, the Supreme Court ended up overturning the provision, which would give the federal court powers in the Commerce Clause.

Then in 2000, the Violence Against Women Act of 1994, was reauthorized by the bipartisan. It was also once again reauthorized in December of 2005.

Then in 2012, the Violence Against Women Act of 1994 renewal was not sitting right with the conservative Republicans. The Republicans were objecting to the extension of the protection of same-sex couples along with the provisions that would allow battered undocumented immigrants to obtain temporary visas.

Then in the following year, after a yearlong uphill battle, the Violence Against Women Act was reauthorized once again.

Violence Against Women Act Programs & Services

When it comes to the programs and services that the Violence Against Women Act of 1994 offers, they offer you a variety of them. They include but not limited to the following:

  • Domestic violence survivors legal aid
  • Victims with disabilities have services and programs
  • Funds for victim assistance services, such as hotlines and rape crisis centers
  • Programs for community violence prevention
  • Services and programs for people who have been evicted from their home due to domestic violence
  • Programs and services for immigrant women or women of different ethnicities and races

Office of Violence Against Women

We mentioned that back in 1994 in the Department of Justice they officially created the Office of Violence Against Women or OVW for short. This office is a federal office that is the leader in minimizing the violence against women while also giving out swift justice and improving upon the services and programs to domestic violence, sexual assault, dating violence, along with stalking victims.

You should also know that the Office of Violence Against Women do not provide their services or programs directly to the public.

Nevada Law and VAWA

The Violence Against Women Act of 1994 is all about ending violence against girls and women by doing the following:

  • USAID and Department of State developing a complex strategy that will not only help prevent, but also respond to gender-based violence
  • Include ways to prevent, but also respond to violence against girls and women in the United States foreign assistance programs that include foreign security training, health, humanitarian assistance, education, social norm change, economic growth, political participation, legal reform, legal reform
  • Supports community-based and overseas non-governmental organizations that helps prevent violence against girls and women
  • Ensures that all data collected is accountable to track ALL investments in various programs that handle gender-based violence

VAWA Statistics

When it comes to the statistics of Violence Against Women, it is quite alarming. Some of the top statistics that people do not talk about are:

  • In 24 hours, there will be over 67,000 victims participating in local domestic violence services and programs
  • Out of 3,410 victims 90-percent of them felt much more hopeful and safer after they visited an emergency shelter
  • With these programs in place 59-percent, more rape victims are likely to file a police report

Your Guide to Understanding Temporary Assistance for Needy Families

Everything you need to know about applying and maintaining your Temporary Assistance for Needy Families monthly benefits. The Temporary Assistance for Needy Families or TANF for short was put in place to help families in need. The Temporary Assistance for Needy Families program is to help families get back on their feet and become self-sufficient. The Temporary Assistance for Needy Families programs will include the following:

  • Assistance for families with children
  • Encouraging parents to stay together
  • Services for out of wedlock babies
  • Assistance with job preparation

What Exactly is the Temporary Assistance for Needy Families Program?

The Nevada Temporary Assistance for Needy Families program is commonly thought of as welfare or cash assistance to no income or very low-income families. But it is much more complex than just another assistance program.

The federal government put in place a grant that the state of Nevada can use the funding on a few programs, but for the funding to be used in the Temporary Assistance for Needy Families program, they would need to fulfill the following goals:

  • Assistance for families with children
  • Encouraging parents to stay together
  • Services for out of wedlock babies
  • Assistance with job preparation

You will be surprised because officials in the welfare division states that the state of Nevada will spend 59 percent of its funding on their Temporary Assistance for Needy Families.

Throughout the United States, only 25 percent of funding which is roughly around $7.8 billion a year will be spent on the Temporary Assistance for Needy Families.

Is the Nevada Temporary Assistance for Needy Families More Than Just Money?

In short, the answer is yes.

The Temporary Assistance for Needy Families is to more than just a cash assistance program. The program ultimately wants to stabilize the family, so the children can stay in their home with their family without the state of Nevada having to intervene and remove the children.

Each family will be assigned to a caseworker. The caseworker will go over everything and assess the family unit’s well-being. When the caseworker is looking at the family unit’s well-being, they are looking to ensure the kids are up to date on their immunizations and if the kids are already enrolled in the Head Start programs.

Then the caseworker will work with the parents to help them make a personal responsibility plan. This plan will consist of how they can get a job, revamp their resume, do they need more education, help with finding childcare, and help with finding the perfect counselor, if applicable.

Only after the family works with the caseworker, is when they will start receiving their monthly benefits.

How Much Benefits Will a Family Get?

If you are a mother and you have two children, you will only receive a monthly benefit of $383. This would have required this family to hit the $1,702 poverty line in order to receive this monthly benefit amount. This monthly benefit amount was not raised for over a decade. It used to be a monthly benefit amount of $348.

Many people do not know that the Nevada Temporary Assistance for Needy Families monthly benefit has been on a decline since 1996. It was declined over 27 percent until 2016. 2016 is when they finally adjusted the amount for inflation.

You are probably wondering how in the world can you live on $383 a month. Well, you need to get a job. It’s there to supplement your income. Once you get a job, you can keep your TANF benefits and your wages from work for the first three months.

After three months, your TANF payment will slowly reduce every few months depending on how much money you and your spouse is bringing into the home.

Families that are on the Temporary Assistance for Needy Families also have SNAP and Medicaid as well. The same family of three can get up to $511 in food stamps a month as well.

Who is Eligible for Temporary Assistance for Needy Families?

Typically, only families who are below the poverty line will qualify for this assistance program. If a family is below the poverty line and they do not have any countable income, they will get the maximum payment, which is $383 a month.

Back in 2012, there was only 25 percent of people throughout the United States that had any countable income along with their Temporary Assistance for Needy Families benefits. These families that had income only had income that averages roughly $600 a month.

You should know there are certain assets that will not go against your family when you are trying to see if you are eligible for the Temporary Assistance for Needy Families program. One main thing is having one vehicle per family.

But you should know that there are two different Temporary Assistance for Needy Families programs that you could possibly qualify for.

First off, the TANF-NEON program is for families that have one adult that can work in the household.

The second program is TANF Child-Only. This program is for families where the adults cannot work because they are disabled, too hold, or cannot work due to their citizenship requirements.

For instance, if an aunt or a grandparent is the guardian of the child in question, they could be eligible for the TANF Child-Only program when applying for benefits.

Unlike the 26 other states, Nevada is one state that still has Temporary Assistance for Needy Families for two-parent families due to knowing that they cannot always maintain the federal government’s workforce goal.

But keep in mind that all states within the United States offers one-parent Temporary Assistance for Needy Families as the federal government does not require each separate state to offer two-parent Temporary Assistance for Needy Families programs.

What Work Requirements Must You Meet for Temporary Assistance for Needy Families?

For single-parent family units, you will be required to work a minimum of 30 hours a week, if you want your Temporary Assistance for Needy Families monthly benefits. However, if your child is under the age of 6, you will be bumped down to only needing a minimum of 20 hours a week.

Now, if you are a two-parent family unit, you will be required to work a minimum of 55 hours a week between the both of you to get your Temporary Assistance for Needy Families monthly benefits. However, if your child is under the age of 6, you will be bumped down to only needing a minimum of 35 hours a week between the both of you.

If you meet all the required activities such as having a job, on the job training, community service, etc. for the required number of hours needed per week, you will maintain your eligibility for receiving Temporary Assistance for Needy Families program.

How Long Can I be on Temporary Assistance for Needy Families Program?

You can only be on the Temporary Assistance for Needy Families program for a total of 60 months for your entire life.

You will be able to receive Temporary Assistance for Needy Families benefits for 24 months before you are cut off for a 12-month period. After the 12-month period is up, you can come back for another 24 months before you are cut off again for another 12 months. You can repeat this one more time until you are cut off for good.

How to Apply for TANF Program?

You will have a few ways you can apply for the Temporary Assistance for Needy Families program.

First off you can head down to the local welfare office in either Carson City or Gardnerville. At the local welfare office, you will have the chance to file your application or pick up the application and bring it home.

You can also request the welfare office to mail you an application to you, if you are not close to either of the above offices. Then you can either mail the application, fax the application, or drop off the application to the welfare office.

If you currently reside in the Nevada Indian Reservation or Colony, you can get your application from the Health Clinics, or the Tribal Social Service.

Lastly, you can print out your application by clicking on this link.

Your 2019 Supplemental Security Income Guide

Everything you need to know about applying for SSI in 2019. Supplemental Security Income or SSI for short is a federal program that is administered by the Social Security Administration office. This program will provide support for those people in need. You can be eligible for Supplemental Security Income if you are one of the following:

  • Disabled or blind or over the age of 65
  • Lawful resident or a United States citizen
  • Limited financial resources and income

What Exactly is Supplemental Security Income?

As we previously stated that SSI stands for Supplemental Security Income. In 2019, the Supplemental Security Income is a benefit up to $771 a month for one person or $1,157 for a couple. Keep in mind these will be the maximum monthly benefit payments.

But what waits, Supplemental Security Income is for the low-income and disabled families?

Yes. This is very correct.

But, now that we got that out of the way, you are probably wondering what constitutes as income. Well, this is where it can get quite sticky.

When it comes to what the Social Security Office constitutes as income, you will want to read through the following:

Earned Income

Your earned income is going to be your wages either from self-employment, w-2 job, sheltered workshop payments, honoraria, and certain royalties.

Unearned Income

Your unearned income is going to be income that you didn’t earn through a job. It’s going to be income from your unemployment benefits, Social Security benefits, state disability payments, pensions, dividends, interest income, and cash you receive from your family and friends.

In-Kind Income

Your in-kind income is going to be your shelter or food that you get for free or far below the fair market value.

Deemed Income

Your deemed income is going to be the part of the income that your spouse or your parents or even your sponsor makes. The Social Security office will use this to help calculate your Supplemental Security Income benefits.

What Income Will Not Count Towards the ‘Countable Income’?

There is going to be a strict requirement of what income that will not be included when they are looking at your countable income. This income will consist of the following:

  • Your first $20 of your income each month
  • Your first $65 of earnings
  • Your Supplemental Nutrition Assistance Program benefits
  • Your income tax refunds
  • Your home energy assistance
  • Your assistance from the local or state government
  • Your infrequent income
  • Your dividends or interest
  • Your scholarships, grants, gifts, or fellowships that are used for your educational and tuition expenses
  • Your shelter or food that is provided to you by a nonprofit agency
  • Your income that is put into the Plan to Achieve Self-Support
  • If you are under the age of 22, your earnings up to $7,550 per year

Will I Qualify for Nevada SSI?

First, we already went through the requirements above. If you fit into one of the above criteria, you can always take the short questionnaire to ensure that you will qualify for Supplemental Security Income prior to filling out the application.

How Can I Apply for Supplemental Security Income Benefits?

You can apply for Supplemental Security Income benefits through a few different avenues. These avenues are listed below:

  • You can apply through the Disability Benefits official website. You will need to first do the disability application and then, if you are eligible for Supplemental Security Income it can be done through that application as well.
  • You can apply by calling 1-800-772-1213 and make an appointment to speak to a representative. You can either make your appointment for over the phone or in person in your Social Security office.

When Should I Apply for Supplemental Security Income?

You will want to apply as soon as you can, so you do not lose your benefits. You should know that the Social Security Office will not pay you your benefits prior to the effective date of your application, that you submitted.

Let’s say you call your local Social Security Office to make an appointment to fill out the application and you end up filing within 60 days of your call, the Social Security Office has the chance to use the date of the call as your effective date of your application.

Now, if you do not keep your appointment or you do not contact your local Social Security Office to reschedule your appointment, the Social Security Office will reach out to you. If they cannot reach you to reschedule your appointment, then they will mail out a letter to you. The letter will state that you have 60 days from the date on the memo to fill out an application, to use the original contact date as your effective date on your Social Security Income application.

If you are being housed in a public institution, but you will be released here in a short few months, you will typically not be eligible to get Supplemental Security Income until you are out. However, you can apply prior to you being released, so you can get your benefits quicker than waiting to apply after you are released. To find out the procedure, you will want to check out the pre-release procedure handbook.

If you are in foster care, you will be eligible to apply for Supplemental Security Income benefits once you reach the age of 18. You will more than likely need health services along with the income support that Supplemental Security Income can help you with to transition out to being on your own.

Can I work and Still Receive Supplemental Security Income?

In short, the answer is yes. Yes, you can. The goal is to help disabled people work, so they can gain some independence without having to fully depend on Supplemental Security Income.

What is Work Incentives?

One of the main things about the Supplemental Security Income program is to help individuals who have disabilities to ultimately achieve their independence by allowing them to take advantage of the employment opportunities out there.

The work incentive employment will support those who are blind and disabled who receive Supplemental Security Income to get a job and work, but also not putting them at risk of them receiving their Supplemental Security Income benefits along with their Medicaid benefits.

There will be some incentives that will allow the Social Security office to not count towards your resources or your income.

However, you should know that you can take advantage of all the work incentive programs. It will all be dependent on the type of income you are getting.

For more in-depth information about work incentives, you will want to visit the handbook.

How to Create a Small Business Entity in Nevada

Small Business EntityAre you thinking about starting a business in the state of Nevada? You will be happy to know that there are only 6 simple steps for your business to be legal in Nevada.

Today, we are going to go over the 6 steps for you to start your business in the state of Nevada.

Choose a Business Name

Choosing a business name for your Nevada business should not be something you make in a day or two. Rushing this process can lead to mistakes later down the line as well.

It is wise to take some time to choose a name that you truly want. You should choose a name that people will easily remember and even associate with the business you plan on setting up as well.

To ensure you have a business name that people will remember for years to come, your name should typically follow these below guides:

  • Contains alliteration or rhymes
  • A name you can say proudly
  • A name that is easy to pronounce
  • A name that benefits your business

When you think you have your business name picked out, you will need to search for them on the Nevada Business Name Search page. This will allow you to see if your name is taken or not.

Small Business Entities in Nevada

Now that you have decided on a name, next up is figuring out which small business entity you will need for your Nevada business.

The most common small business entities are the following:

Sole Proprietorship

In the state of Nevada, a sole proprietorship is where you will be operating your business as yourself. Essentially this means, you are operating your business as one person, so you will be personally liable and responsible for all activities in said business and any wrongdoings that may arise.

Nevada Corporation

Next up is a Nevada Corporation. A corporation is going to be a more complex business entity. This corporation is going to consist of shareholders, board of directors and corporate officers

To be honest, if you are looking at making your business entity a corporation, this is not really going to be a small business since corporations typically will face double taxation.

If your business is not going to stay a small business entity, then the corporation will work for you.

LLC

An LLC in the state of Nevada will be an entity that combines sole proprietorship and corporation benefits.

For instance, you will have personal liability protection just like a corporation and will not face double taxation either like the Sole Proprietorship entity as well.

LLC is one of the more popular small business entities in the state of Nevada. Typically, people will choose LLC over all other options when they are first starting out on their small business adventure.

Must Register the Business Forms with Nevada Secretary of State

You finally have your business name and your small business entity, what is the next step?

The next step is to file the correct business forms with the Nevada Secretary of State.

Here’s the breakdown of what each business entity will cost you to file:

To file the correct business forms for an LLC in the state of Nevada will cost you around $425. This amount consists of the following fees:

  • Articles of Organization for $75
  • State Business License for $200
  • Initial List of LLC Managers for $150

To file the correct business forms for a corporation in the state of Nevada will cost you around $725. This amount consists of the following fees:

  • Articles of Incorporation for $75+
  • State Business Licenses for $500
  • Initial List of Officers for $150

Pro-Tip: The filing fees for a corporation will solely be based on the number of shares that the corporation has. The more shares, the larger the fees.

To file the correct business forms for a sole proprietorship in the state of Nevada will cost you around $200. This amount consists of the following fees:

  • State Business License for $200

Pro-Tip: For a sole proprietorship in the state of Nevada you are not required to fill out a formation form with the state. You only need to have a State Business License.

Fictitious Firm Name

When choosing a sole proprietorship or even a partnership small business entity, you can do business under your legal name. If you choose not to go down this route, you will need to file the Fictitious Firm Name form. You can file this form at your local County Clerk’s Office and not with the Secretary of State.

EIN Number and Tax Rules

Now, we are getting into the nittier gritty part when it comes to creating your Nevada business.

First and foremost, if you are new to the business world, you are probably wondering what an EIN number. EIN is short for Employer Identification Number or what is also known as the Federal Tax ID Number.

So, essentially the EIN number will be used by the Internal Revenue Service to easily identify your business when it comes to tax purposes.

You will need to have an EIN Number for your business before you can open a business bank account, acquire financing, file taxes, and employee payroll.

You can get your EIN number for your business via online, fax, or mail. If you choose the online option, you will get your EIN number within 15 minutes.

Acquire a Business Bank Account

In the state of Nevada, you will need to have a business bank account for your business as it will keep your personal assets separate and it will make your finances and accounting much easier to handle.

Keeping your business from your personal finances separate will make filing your taxes easier rather than having everything combined.

File with the Nevada Department of Taxation

Before you can officially open for business, you will need to register your business with the Nevada Department of Taxation.

You can do this with the SilverFlume. This is going to be free to file. There is no filing fee associated with this.

Sales Tax

If your business in Nevada will transfer or sell tangible property, you will need to collect sales tax from your consumers. This sales tax will then need to be sent to the Nevada Department of Taxation.

Sales Tax Permit

In order to collect sales tax, it will require you to get the sales tax permit. The sales tax permit is $15. You can also use SilverFlume to get the sales tax permit as well.

 

How to Apply for Social Security Retirement Benefits in Nevada

Social Security Retirement BenefitsIF that is the case, you will be happy to know you can cash in for your benefits by filling out the online retirement application.

This application typically will take around 15 minutes to complete. It is straight-forward and easy to complete. You can fill out the application from the comfort of your own house. You do not have to head on down to your local Social Security office and have an appointment with a representative to get this process started.

You can fill out the application online and then a representative will contact you either by mail or by telephone, if they need any further information to complete your application.

Of course, you think it is that easy. Well it is. But if you have any questions prior to filling out the application, here is everything you will need to know.

Who can Apply for Social Security Retirement Benefits Online in Nevada?

You will be eligible to apply for your own retirement benefits or for the retirement benefits of a spouse if you qualify from the following:

  • Must be a minimum of 61 years and 8 months of age
  • Not receiving Social Security benefits
  • Have not applied for your retirement benefits
  • Want your benefits to come in no later than 4 months from today

Can I Apply for Medicare Too?

Even if you already are getting Medicare, you can still apply using the online application for your Social Security Retirement benefits.

However, if you do not have Medicare, but would like to apply for it at the same time as your Social Security Retirement benefits, you will need to turn 65 within 3 months of applying. You will be permitted to use this online application to apply for both Medicare and Social Security Retirement benefits.

Note: You can opt-in to use this online application for strictly Medicare, if you do not want to get your Social Security Retirement benefits just yet as well.

Need more information on Medicare? Follow this link.

What to Know Prior to Applying for Social Security Retirement Benefits?

Prior to applying for your Social Security Retirement Benefits, there will be some things you will need to know such as the following:

Full Retirement Age

Did you know that the full retirement age keeps on increasing?

The full retirement age is also known as the normal retirement age. For many years the full retirement age was 65 years old.

However, now if you were born in the year of 1938 and later, the full retirement age is currently capped at 67. As of right now, people who were born in 1959 and after retirement age is around 67 while the people who were born prior to 1959 has a lower retirement age.

It was all thanks to the 1983 Social Security Amendment that consisted of a provision that raised the full retirement age for people who were born after 1938. Congress stated that there were many improvements when it came to the health of older people, which resulted in increasing life expectancy.

Pro-Tip: If your birthday is January 1st, you should always look at the previous year for your full retirement age.

When Can I Start Receiving Benefits?

You will be eligible for benefits between the age of 62 to 70.

The Social Security Administration used to consider 65 to be full retirement age for the retirement benefit. Benefits amounts were calculated on the assumption that most workers will stop working full time and will claim retirement benefits when they reach age 65.

Now that people are generally living longer, Social Security’s rules about what is considered full retirement age have changed. Age 65 is still considered full retirement age for anyone born before 1938. But full retirement age gradually increases from age 65 to 67 for people born in 1938 or later. For anyone born after 1960, the full retirement age is 67.

You may choose to begin receiving retirement benefits at any time after you reach age 62. However, there are incentives to wait until your “full retirement age,” which is between 65 and 67, depending on the year of your birth. The amount of your benefits will be permanently reduced by a certain percentage if you begin claiming them before you reach full retirement age.

Retirement Age for Those Born After 1937
1938 65 years, 2 months
1939 65 years, 4 months
1940 65 years, 6 months
1941 65 years, 8 months
1942 65 years, 10 months
1943 – 1954 66 years
1955 66 years, 2 months
1957 66 years, 6 months
1958 66 years, 8 months
1959 66 years, 10 months
1960 or later 67 years

Can I Get Benefits Prior to my Full Retirement Age?

Of course, you can get your Social Security Retirement benefits prior to your full retirement age. If you choose this route, your monthly benefits will not be as much as they would be if you would have waited until your full retirement age. These benefits will be reduced.

To plan on when you should fully retire, you will want to take a look at this chart. It will help you decide when you should retire and what the reduce benefits will be.

Can I Still Work and Get Social Security Retirement Benefits?

Indeed. You can still work and receive your Social Security Retirement benefits. This could help you get a higher benefit in your near future as well.

Every year, the Social Security office will go over everyone who is working and receiving their Social Security benefits. If you earned more in the last year than you did in the previous years, this will be used to determine your retirement benefits. The Social Security office will then recalculate your retirement benefits amount. Which will ultimately lead you to earn more from your Social Security Retirement benefits than the previous year.

Delayed Retirement Credits

If you delay receiving your Social Security Retirement benefits, you can receive credits. However, the credits will stop after you hit the age of 70. But, if you want to know what type of delayed retirement credits, you can receive, you will want to refer to the following chart.

Life Expectancy

With the healthcare technology progressing, the average life expectancy age keeps on rising. Studies are showing that at least one in three people who are 65 years of age will live at least until they are 90 or older.

Social Security benefits are here for you to be on for the remainder of your life. So, you will need to choose wisely when it comes to picking the appropriate retirement age based on your situation to ensure you have more than enough income coming in to keep you afloat.

Pro-Tip: Use the Retirement Calculator. It will show you what your benefits will be at various ages prior to you filling out the Social Security Retirement benefits application.

How do I Complete the Social Security Retirement Benefits Application?

Filling out the application is very easy. You will want to click on the link above (located in the introduction). Once you click on that link, you will need to either sign up or create my Social Security account. You will be prompted with questions about you, your family, and your job.

After you complete that, you will then start on the application. You will either have the option to complete the application in one sitting or you can save application for later, if you get stuck on a question or need to locate the proper documents to answer said question.

What Documents Do I Need to Apply for Social Security Retirement Benefits?

You will need a few certain documents when applying for the Social Security Retirement benefits such as the following:

  • Your Social Security Card
  • Original Copy of your Birth Certificate
  • Copy of your W-2 or self-employment tax return (if applicable)
  • Proof you’re a U.S. Citizen (if you were not born in the United States)
  • Copy of your Military Service Papers (if applicable)

Being Treated Unfairly at the Workplace? It Could Be Employment Discrimination

Feel as if you are being discriminated at your workplace? Brush up on what exactly is employment discrimination. First and foremost, employment discrimination can happen during any stage of your employment process. It can happen anywhere from you being hired to you being fired.

Some of the common examples that you will see of employment discrimination are, applying for a job and getting a different position that is much lower pay than the one you applied for, not getting the job offer at all, not being given a promotion along with other job-related benefits, getting abused or harassed at work, forcing to retire before you are ready to, along with getting fired.

In fact, many of these actions by your employer are in violation of the employment discrimination laws here. 

Key Things to Remember About Employment Discrimination

You will always want to remember that the employment discrimination will solely depend on the action of the employer-based upon your membership in the protected group. In short, the general protections that are provided by the federal law will cover your age (40 or over), color, race, nationality, religion, family size, sex, pregnancy, or disability. However, the state of Nevada will also add in your gender identity and your sexual orientation as a part of these protective qualities.

Along with being a part of the protected group, you will also need to be qualified for the position you have applied for, for the promotion you are going after, and any of the job-related benefits. 

For instance, if a qualified woman and man applied for the same position, but only offered the job to the man and discriminated against the woman because of her sex, this would be employment discrimination. 

However, this can leave the door open for the employer to dispute these allegations and show that the man was more qualified than the woman as well and that is why they went with him over the woman. 

Overall the employment discrimination laws will always apply to labor organizations and employment agencies. 

Age Discrimination in Employment Act

First and foremost, the Age Discrimination in Employment Act of 1967 does not allow ANY employers to discriminate of people who are 40 years of age or older within the United States. 

The Age Discrimination in Employment Act of 1967 was signed into law by Lyndon B. Johnson, who was president of the United States ta the time. 

What is a Reasonable Accommodation to Your Disability? 

According to the ADA, a disability is defined as a limitation that can limit one or more life activities. 

Do not forget that all employers are required to accommodate your disability by having modifications that will help you do your job that was posted in the job description when you got hired. 

What many employees do not know is that the ADA will give federal financial assistance to employers that employ 15 and more employees. 

Do You Need an Employment Discrimination Lawyers?

You will not need to have a lawyer present when it comes to a legally enough request for accommodation to your employer. However, in order to protect your rights, you should always submit any and all requests in writing when you are asking your employer for accommodations to your job duties or needing any modifications. 

But a reasonable accommodation can also be anything from moving you to an equivalent empty position, lesser work hours, or anything else that is mutually acceptable between you and the employer. 

How to File Employment Discrimination Claims?

You will have the chance to file your employment discrimination complaints with either the Equal Employment Opportunity Commission or the Nevada Equal Rights Commission. However, you will need to keep in mind that you will not be permitted to file a lawsuit until you have first filed your complaint to either the Equal Employment Opportunity Commission or the Nevada Equal Rights Commission. 

You have only 180 days to file a complaint with the Nevada Equal Rights Commission. These days will start ticking from the date of the time of the incident. 

You will only have 300 days to file a complaint with the Equal Employment Opportunity Commission, only if you filed a complaint with the Nevada Equal Rights Commission first within the 180-day time frame. 

How to Tell if I Have Enough Evidence for Employment Discrimination Cases?

When you are thinking about taking the employer to court, you will need to be working closely with an employment discrimination attorney while you are going through the Equal Employment Opportunity Commission investigation process. Along with having all the proper documentation, you will also need to have the following as well: 

Motive

One of the hardest things you will have to do is when it comes to your employment discrimination case is to establish the motive of the employer for discriminating against you whether it is because of your religion, sex, race, age, or nationality. 

Especially in at-will states, where the employer is legally allowed to let you go for any reason, even including your choice of haircuts, fashion, etc. 

Inequality

You also need to keep in the back of your mind that your employer cannot treat you any different no matter what your sex, disability, illness, skin color, or religious beliefs are. If your employer treats you in any way that is different from the rest of the employees, you will need to document that as evidence to show that your employer is breaking the law. 

For instance, if all Christians in the company get off for Ash Wednesday and you are Jewish and ask for Hanukkah, that is grounds for employment discrimination.

Disabled? What You Need to Know About Nevada Social Security

If you are in or about to begin the Nevada social security process, here is everything you need to know. If you reside in Nevada, and you become disabled and cannot work, the federal government will offer you one of two programs to help aid you: Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI). Even though, these federal programs, a Nevada state agency will decide who qualifies as disabled and who don’t qualify. 

Social Security Disability Insurance Overview

Social Security Disability Insurance is commonly known as SSDI. The Social Security Disability Insurance is a program that will pay you monthly benefits if you become disabled prior to reaching the retirement age and you cannot work. Some people commonly refer to this as “worker’s disability”. 

Nevada Social Security Disability Eligibility

In order to qualify for Social Security Disability, you will need to have worked a certain amount of years in a position where you were paying Social Security taxes. You will need to have earned a specific number of work credits. You will be eligible to earn up to four work credits per each calendar year. 

If you haven’t met these criteria, but you found yourself disabled, and do have a few assets and low income, you will want to apply for the Supplemental Security Income instead. 

Work Credits

The work credits will ultimately depend on how old you are when you became disabled. For instance, let’s say you are 50 years old and you become disabled, you will need to have accumulated around 28 work credits, or have worked at a job where you paid Social Security taxes, but you will need to have worked a minimum of 5 of those years within the last decade. 

Medical Eligibility

Also, in order to qualify for the Social Security Disability, you will need to have a medical condition that will meet the SSA disability definition. You will also like to know that the Social Security Disability Insurance benefits are only for those who are severely disabled, long-term disabled, or totally disabled. 

Severely disabled just means that your medical condition will ALWAYS with simple, basic work-related duties. While long-term disability means that your medical condition is expected to interfere with your work duties for at least a year. While if you are totally disabled, that means the SSA has proved that you will never be able to perform gainful activity for a minimum of a year. 

Now, you will want to know that if you are currently at a job working and making over $1,220 every month, or for those applicants that are blind $2,040, the SSA will say that you are performing well and you are not disabled enough that you will qualify for these Social Security Disability Insurance benefits. 

Approval for Social Security Disability Insurance Benefits

After you finally have been approved for your Social Security Disability Insurance benefits, you will be told that you will not start receiving them until you have been disabled for 5 FULL calendar months. This is due to the five-month waiting period for these Social Security Disability Insurance benefits.  Let’s say you’ve been approved straight away; you will still be required to wait those five months before you will start receiving your benefits. 

But being approved straight away is not the norm for many people. It typically will take an individual anywhere from 6-month a year. In this case, when you finally get approved for your Social Security Disability Insurance benefits, you will get your back pay starting from month six after your disability began. This will go from your disability onset date. 

Once you get paid any back pay that you are owed, you will start getting your benefits every month. You will want to keep in mind that if your household income exceeds a certain amount, you will be required to pay taxes on your Social Security Disability Insurance benefits. 

Keep in mind that your family members could also be eligible for some partial monthly benefits as well. When we say family members, they will mostly be your dependents or children in simpler terms. 

You will be eligible for keeping your Social Security Disability Insurance benefits for as long as you are disabled and cannot work. However, you will need to know that the SSA will conduct a disability review on your case between every one to three years, to see if your medical condition has improved and to see if you can now work. 

Denial for Social Security Disability Insurance Benefits

If your Social Security Disability Insurance benefits application was denied, do not fret, most initial applications are commonly denied. However, you can appeal the decision. 

You will need to request for them to review your denial, but the catch is you will need to do this within 60 days of your denial letter. 

The first thing you will need to do when appealing is a request for reconsideration. A request for reconsideration is where they will review your case with a different disability claims agent. If they deny you again, you will move on to the next step, which is then asking for a hearing with the administrative law judge who works in the SSA. 

Supplemental Security Income Overview

Supplemental Security Income is also commonly known as SSI. Supplemental Security Income is the second federal program that will pay you a small amount to low-income people who are blind, disabled, or over the age of 65. 

Supplemental Security Income is made for individuals who do not have enough work credits to qualify for Social Security Disability Insurance benefits. 

However, Supplemental Security Income should not be mistaken for the Social Security Income program. The funds that you receive from Supplemental Security Income does not actually come from the Social Trust Fund or even the Social Security taxes. 

How Much Does Supplemental Security Income Pay?

Of course, you want to know what small amount of benefits we are referring to. You want to figure out how much you will be getting. Well, for starters, the Supplemental Security Income is solely based on “federal benefit rate”. The federal benefit rate for 2019, stands at $771 per month for an individual or $1,157 for a couple.  You will want to keep in mind the federal benefit rate will increase yearly due to the cost of living. 

How Your Income Will Affect Your Supplemental Security Income Pay

If you already have some income coming into your household that is not Supplemental Security Income, some of it, but surely not all of it can be subtracted from your Supplemental Security Income benefits.

The SSA will look to see what income you have that can be included. Included income will consist of the following: 

  • Money that you make from work. Event eh smallest amount of money is still going to be counted towards Supplemental Security Income. 
  • Shelter or food that you receive for free, or what is less than the value of it. This is commonly known as in-kind support and maintenance. 
  • Any money that you receive from family and friends
  • Any benefits you receive including, but not limited to unemployment, pension, Social Security Disability Insurance, or workers’ compensation. 

However, you should know that not ALL income will be subtracted from your Supplemental Security Income benefits. The SSA will not subtract the following items: 

  • The first $20 out of ALL income that you get
  • The first $65 of money that you earn through your job
  • Half of your food stamps
  • Your income tax refunds
  • Shelter or food that is given to you by a nonprofit agency

How to Calculate Your Supplemental Security Income Payment

For example, the SSA will take into consideration when calculating your Supplemental Security Income payment. So, let’s say that you make $625 per month, and this is before taxes. The SSA will not count $20 of that income every month along with the first $65 of that either. So, in total your income at $540. 

You will want to also keep in mind that the SSA will not count half of these earnings, which brings it down to $270.  Ultimately, the SSA will only be countable for $270, so your Supplemental Security Income payment would be $501, which would bring up your monthly total to $771. 

How Do You Get Supplement Security Income?

For you to submit your application for your Supplemental Security Income, you will need to head into the Social Security field office near me. The application will be completed by a Social Security claims representative that works at the Social Security field office. These Social Security claims rep will also help with doing retirement claims, along with the Social Security Income applications.

After the Social Security Claims rep does your application, they will process it and then forward it to another agency that will make the medical consideration on the Social Security Income. In most cases, the Social Security office will send applications to Disability Determination Services. 

When the Disability Determination Services receives your Supplemental Security Income application, your application will be assigned to someone who will then go through the medical process of this application. This person is a specialist, or what they like to call a disability claims examiner. The disability claims examiner will be the one who will be sending out letters to your treatment sources, such as counselors, doctors, hospitals, and the like. The disability claims examiner will be looking for all your medical records. 

You will want to keep in mind that many of these medical providers may be extremely slow when it comes to sending out copies of your medical records. Large hospitals or large medical facilities for that matter can take months to send out copies of your records, even if the disability claims examiner calls them daily. 

The disability claims examiner will have to wait until ALL the medical records arrive before they can fully evaluate your case. Once all the records do arrive and they are on the disability claims examiner’s desk, they will officially be looked over by the examiner along with being consulting by a physician when making their decision. 

What is the Deciding Factor for Getting Supplemental Security Income? 

Getting approved for the Supplemental Security Income will all boil down to your medical records. 

Just for this reason alone, you will want to continue going to your doctor, so when your Supplemental Security Income application is being reviewed, you will have an established medical history, but you will also have very recent medical records. 

You will need to keep in mind that the examiner is looking for records that are no older than 60 days. They do this to determine if you are currently as of right now disabled. They are not looking to see if you were disabled a few months ago.

That is why it is important that you are going to a doctor who is also on board with you filing for Supplemental Security Income. Having a supportive doctor will make it that much easier. As they will know they need to leave awesome physician’s notes as these notes will have a great impact on whether you will be approved for Supplemental Security Income. 

Note: You need to make sure your medical records outline what you are still mentally and physically capable of doing. This will be a HUGE help. 

Other Factors for Getting Supplemental Security Income

As we have mentioned a bit before, approval will be completely dependent on the severity and nature of your disability, but we are going to dive in and talk about a few factors that we have noticed that makes a huge difference as to whether you will be approved for Supplemental Security Income benefits. 

Before we get into these factors, you will want to know that some of these can be challenging for some or all Supplemental Security Income applicants. Now, these factors are the following: 

Work History

Majority of the people applying for Supplemental Security Income have not necessarily worked throughout the years. Even though this program does not have a work history requirement such as the Social Security Disability Insurance program, the Social Security claims examiner will have a hard time seeing if you are or are not capable of working, if you have not tried. It is best to try and get a job rather than say you cannot get a job without putting in any effort. 

Doctor Visits

Supplemental Security Income applicants will need to see that you are actively seeing a doctor. But for many of the applicants applying to the Supplemental Security Income benefits, they do not have health insurance. 

You will need to see a doctor recently when you are looking to apply for the Supplemental Security Income federal program. Most people who are applying on see a doctor in the year that they have applied for the Supplemental Security Income and they stopped going to the doctor. This cannot be done. You will need to keep visiting the doctor as you are going through this process. 

By having a doctor that is on board with you getting Supplemental Security Income will make the process much easier on you. Especially if this is the doctor you have been seeing for years and years, where they will be able to provide great documentation on what exactly is going on with you. They will be able to give a great break down on your medical conditions along with your limitations, which is vital if you want to be approved for your disability benefits. 

Age

Majority of the people who are applying for Supplemental Security Income are younger. To be honest, according to the government statistics the average age of someone getting Social Security Disability Insurance is 54.5 years of age, while someone who is getting Supplemental Security Income is 44.7 years of age. 

Just like everything else, as you age, many medical conditions tend to get worse with time, so the SSA will identify that older people who are applying may very well be too disabled to work and perform these work-related duties. 

Gender

When it comes to Supplemental Security Income, most of the applicants are women. To be honest, there is about 56% of applicants are woman compared to the Social Security Disability Insurance where only 49% of applicants are women. This is mainly since many women may not even qualify for Social Security Disability Insurance due to fewer years of work. 

However, we are not saying that being a woman will get you approved faster because let’s be serious, it will not. Women are typically approved about 38% of the time, while men are approved around 44% of the time. 

This can be since women ten dot have higher medical claims that are harder for someone to approve rather than the medical claims that men have. 

For example, many people suffer from mood disorders along with depression. This always can be very hard to prove how this is disabling you from performing your work-related activities. While a woman who has documented cardiovascular problems will have a little bit of an easier time getting approved over someone with a mood disorder. 

Will I Need a Lawyer for My Supplemental Security Income Case?

We hate to say this, but the Supplemental Security Income disability case is one of the hardest cases out there. However, it is also one of the most clear-cut cases as well. 

For starters, most of the Supplemental Security Income applications are denied at least once. The Supplemental Security Income case has a higher denial rate than the Social Security Disability Insurance claim. 

But, for most of the Supplemental Security Income cases, you will have to be willing to start an appeal for their initial decision and head off to a hearing. But whether you will need a lawyer will be fully dependent on where you are at during this appeal process. Because if you just started the appeal process and this was your first time applying for Supplement Security Income, you will need a lawyer in most cases. There will be a few cases that having a lawyer will benefit from, but that is few and far between. 

But once you get to the hearing stage, this is when you will want to start thinking about contacting a lawyer to help you through this. Your lawyer will be able to represent you and your case during the hearing. The lawyer main job will be to sift through and organize your medical records along with getting all the evidence they will need to prove without a doubt of your medical conditions that are disabling you and why you absolutely need the Supplemental Security Income. 

Can I Collect Supplemental Security Income and Social Security Disability Insurance at the Same Time?

When you apply for disability when you come on down to your local Social Security office, the rep will be able to determine if you can apply for Supplemental Security Income, Social Security Disability Insurance, or even both.

If you file for both Supplemental Security Income and Social Security Disability Insurance, this is what is known as a concurrent disability claim. This will only be for people who have Social Security Disability Insurance benefits, but who also may be a low-income individual due to not being able to work as well.

Lost Your Job? Everything You Need to Know About Nevada Unemployment Benefits

If you found yourself laid off, here is everything you need to know about the Nevada Unemployment benefits. If you have been denied benefits or your prior employer is appealing your determination of benefits, you will want to contact Nevada Legal Services. Nevada Legal Services will be able to assist you by representing you in an administrative hearing in front of the Appeals Referee when appealing to the state court. 

How Do I Know If I am Eligible for Unemployment Benefits? 

If you are forced to quit or lose your job, you may have the chance to be eligible for these unemployment benefits. However, typically to be eligible for unemployment benefits, you will need to be laid off because your employer does not either have enough work to keep you on or if you are not at fault for losing the position in any way. Keep in mind that you may still be eligible for unemployment benefits, even if you are at fault, so it is always good to apply as well. 

Note: Do NOT apply for any unemployment benefits, if you have already gone and applied for workers compensation. 

But you also need to realize that there are a variety of reasons that the Employment Security Division of the Nevada Department of Employment, Training, and Rehabilitation will deny your claim for benefits. These reasons are the following: 

  • Misconduct
  • Quitting without a good cause
  • Misrepresentation
  • Cover Period
  • Able & available to work

Misconduct

In accordance to NRS 612.385 states, any person will be ineligible for unemployment benefits if she or he was let go from his or her last or next to the last position for misconduct in connection with his or her work. 

However, unfortunately, misconduct is not defined in the above statute. However, misconduct is defined as and I quote “a deliberate violation or disregard on the part of the employee of standards of behavior which his employer has the right to expect.  Carelessness or negligence on the part of the employee to such a degree as to show a substantial disregard of the employer’s interest or the employee’s duties or obligations to his employer are misconduct.”

As always, there will be ordinary negligence that will happen in isolated circumstances or even result in good faith errors, but these are not always going to be misconduct though. However, the courts in Nevada have officially interpreted misconduct to consist of a position of wrongfulness. 

However, it will be the employer’s job to prove to the courts that misconduct went on. After the initial claim of misconduct, then you the employee will have to prove that you did not engage in any misconduct or any other wrongful behavior at the workplace. 

Quitting Without a Good Cause

If you expect to get unemployment benefits, you cannot voluntarily leave your place of employment without a good cause. 

In the state of Nevada, they have yet to define what a “good cause” is. But, if you go by the Nevada Department of Employment Training and Rehabilitation they will say that the good cause for leaving your place of employment will need to be established by finding a compelling reason as to why you quit without having any other reasonable alternatives before you actually quit. 

So, in short, you will only have a “good cause” if you first go through all reasonable alternatives before you quit. Any reasonable alternatives will be talking to your supervisor, talking to the Human Resources department, and anyone else you report to daily. 

Note: If you quit your present job to seek out work, but you have not been lucky enough to find work, you will NOT be eligible for unemployment benefits. 

Misrepresentation

You will need to know that if you make any false statements are false representation and fail to disclose material that can help you get unemployment benefits; you will not be eligible to receive any unemployment benefits. 

Even overpayments can be on the grounds of misrepresentation, which will require you to repay the benefits. 

Cover Period

You will be eligible for unemployment benefits only if you have been employed in what is known as “covered” employment for a certain time period. You will be happy to know that most employers offer “covered” employment, but there are some employers that will not offer “covered” employment, which will be typically church, private employers, and self-employment people. 

In the state of Nevada, you will be required to earn a minimum of $400 in one-quarter of the year along with:

  • Have your total base period earnings not less than 1-½ times of the earnings in your highest quarter period.

OR

  • Have your earnings in at least 3 out of the 4 earning periods to be eligible. 

Note: Base period will mean the first 4 out of 5 calendar quarters that happens after the first day of the benefit year. 

Able and Available to Work

You will be required to actively seek out and secure your next employment to be even eligible to receive unemployment benefits. 

You must not have any personal situations that would prevent you from applying and obtaining a job when you are offered one. Some examples of these personal situations that may prevent you from being able to work are the following: 

  • No childcare
  • No transportation
  • No tools that are required to complete the job you are applying for
  • Not willing to work the days and hours that are required for the position
  • Rather attend a school that is not needed for the line of work you are in. 

You will be required to turn in your work search records when you are asked. Typically, you should be applying to at least 2-3 positions every week to keep your benefits for that week. 

Nevada Unemployment Benefits Calculator

Now that we have talked a lot about what you need to be eligible to receive these unemployment benefits, let’s talk money. 

As you know every situation will be different. Your unemployment benefits will never be the amount that you have made at your job either. You will always make a bit less than that. It will not necessarily go by your dependents either.

Keep in mind that you will be required to have worked at the job for a certain length of time (typically 6 months) to receive unemployment benefits. You will also only receive these benefits for 26 weeks as well. 

If you are ready, you can use the unemployment calculator to get a brief estimate on how much you will possibly get when you receive your benefits. 

Fair Debt Collection Practices Act: What You Need to Know

You’ve heard of the Fair Debt Collection Practices Act, but do you completely understand what it entails? Here’s everything you need to know. Feeling powerless when you are up against the endless barrage of letters, phone calls, and voice mails from debt collectors and creditors can make anyone want to scream. Sadly, this way of life has become the norm for many people living in Nevada and other Americans as well. 

However, what you may not know is that not every debt collection tactic they use upon you, is legal. Consumers do not know this many time. You are not helpless when it comes to these unlawful tactics the debt collectors will use. There a federal and Nevada laws that will protect you the consumer against the unfair debt collection practices. 

However, one thing you will want to keep in mind that the Fair Debt Collection Practices Act, that will prohibit many abusive and predatory debt collection tactics and puts down guidelines that all bet collectors are supposed to follow by law. 

What Is Not Allowed Under the Fair Debt Collection Practices Act? 

The Fair Debt Collection Practices Act states that the debt collectors are not prohibited to engage in any debt collection tactics that may abuse or harass the consumer. Essentially, the Fair Debt Collection Practices Act does not allow the debt collectors to use any misleading, deceptive, or false behavior with you the consumer when trying to collect a debt. 

The Fair Debt Collection Practices Act will prohibit and identify many of the common shady debt collection practices. Some of the commonly identified abusive, borderline harassment practices that are NOT allowed under the Fair Debt Collection Practices Act is outlined below: 

  • Debt collectors cannot threat of use, threat of violence, or other criminal behavior that will bring harm to the person’s property or reputation. 
  • Debt collectors cannot the use of profane or obscene language, or language that would abuse the reader or hearer. 
  • Debt collectors cannot make any publication of all consumers who refuse to pay their debts. 
  • Debt collectors cannot advertise to sell any of your debt to coerce you the consumer into paying it. 
  • Debt collectors cannot continuously or repeatedly engage in phone conversations that will abuse, annoy, or harass you. 
  • Debt collectors cannot call you without presenting the disclosure of the caller’s identity. 

Along with prohibiting the abusive behaviors from the debt collectors, are also not allowed to engage in the follow misleading or false actions while under the Fair Debt Collectors Practices Act:

  • Debt collectors cannot falsely represent the character, status, amount of the debt. 
  • Debt collectors cannot falsely represent that the consumer is an attorney or in communication with an attorney. 
  • Debt collectors cannot threaten to act against you the consumer, that is not legal or that is not actually going to be taken. 
  • Debt collectors cannot represent or even imply that if the consumer does not pay a debt, it will result in either getting arrested or imprisonment. 
  • Debt collectors cannot represent or even imply that if you the consumer does not pay a debt, that it will result in seizure, garnishment, or sale of wages or property unless the action is under lawful pretenses. 
  • Debt collectors cannot falsely imply or represent that you the consumer has committed a crime or another disorderly conduct in order to pay the debt. 
  • Debt collectors cannot threaten to communicate, any of the consumers credit information that is known or should be known as false. 
  • Debt collectors cannot falsely represent or be deceptive in order to attempt to collect or collect a debt. 
  • Debt collectors cannot use any company, business, or even organization name other than their debt collector’s organization, business, or company name. 

Alongside with prohibiting misleading or false debt collection methods, the Fair Debt Collection Practices Act also climates many other unfair practices when it comes to collecting a debt. Some more examples of these unfair practices that are banned by the Fair Debt Collection Practices Act include the following: 

  • Debt collectors cannot collect an amount that is different from the authorized amount that is agreed upon with you the consumer. 
  • Debt collectors cannot solicit a post-dated check for the sole purpose of instigating or threatening any sort of criminal prosecution. 
  • Debt collectors cannot threaten to deposit or deposit the post-dated check or any other post-dated payment prior to the date on such payment method. 

What to Do If A Debt Collector Practices These Unfair Collection Practices?

For you the consumer, you would like to know that the Fair Debt Collection Practices Act will compose a civil cause of action that is subjected to deceptive, abusive, or even unfair collection methods. 

So, under the Fair Debt Collection Practices Act, all debt collectors who violate the terms in the Fair Debt Collection Practices Act will be liable for said actions in a civil suit. However, for you the consumer, you may be able to collect some of the damages that the debt collectors violate. These include the following: 

  • Recovery of any garnished wages
  • Money for emotional distress
  • Money for physical distress
  • Up to $1,000 for statutory damages

You will want to keep in mind that proving you were a victim of the Fair Debt Collection Practices Act is very difficult. However, even if you can somehow manage to prove that you were a victim, you will still need to prove that you are entitled to receive some sort of compensation for either your emotional, financial, or physical harm that you may have suffered. This is where you should find a Nevada attorney near me to help you navigate this the correct way.

That’s My Child! Child Custody in Nevada

Going through a bitter child custody dispute? Here’s everything you need to know from physical or legal custody of your children. When it comes down to things, the Nevada Law will recognize two different forms when it comes to child custody in these divorce cases. The first being physical custody and the second being legal custody. 

If the parent has physical custody, this means the child lives with this parent at least for the portion of the time. While if the parent has legal custody, this means that the parent has the legal right to dictate decisions about the child or children’s upbringing. 

The court of Nevada can either award shared or sole custody to either both or one parent. However, you will not need to have physical custody to share legal custody. 

You will also want to know that the parent who has custody of the child or children, will often be referred to as the custodial parent. While the parent who does not have the custody of the child or children will often be referred to as the non-custodial parent. 

To better help you in the understanding of the child custody laws that are upheld in Nevada, we will go over everything that is commonly executed. 

Physical Custody of Child or Children

As we have previously mentioned above that the physical custody of the child ultimately refers to the physical living situation between the child and the parent. 

If the child is physically living with the parent over 60 percent of their time, this will ultimately grant this parent with physical custody. 

On the other hand, if the child is living with the parent only 40 percent of the time, then both parents share joint physical custody of the children or child. 

Legal Custody of Child or Children

As we have previously mentioned above that the legal custody of the child ultimately refers to the important decisions about the child or children’s life. These important decisions can include the following: 

  • What religious should the child participate in
  • What school should the child go to 
  • What medical treatment should the child undergo

Keep in mind if you are the parent with the physical custody of the child, you will still be obligated to share the legal custody as well. However, the court of Nevada can award joint legal custody to those parents who do not have joint physical custody. 

How Does the State of Nevada Award Child Custody?

In the state of Nevada, the courts will award child custody in one of two ways. 

The first way of being a mutual agreement between both biological parents. 

While the other way is by the state of Nevada courts determination. Until the court finalizes the custody agreement, both parents will have joint legal and joint physical custody. 

The court of Nevada will decide in joint custody based on the interest of the child if the following stands: 

  • If both biological parents agreed to share joint custody
  • If each parent tried to maintain and establish a relationship with the child or children

Mediation

If you find yourself in a nasty custody dispute with the child other biological parents, you will be required to attend mediation, if you reside in Las Vegas. During this mediation visit, the biological parents will try and come to an agreement when it comes to the custody of the child or children. 

Now, if the biological parents cannot come to some sort of agreement, a judge will ultimately determine the custody of the child. 

How Does the Judge Determine Who Gets Custody?

The judge will keep the best interest of the child in mind when making the sole consideration who will get custody of the child. However, there are many factors the judge will use when they are trying to determine, where the child should stay. These factors include the following: 

  • Was there any history of abuse by the parent or was there child neglect?
  • Were there any domestic abuse incidents from the parents?
  • What does the child want?
  • Will the child or children in question be able to maintain their relationships with their siblings?
  • What is the level of hostility between the biological parents?
  • Will the parents be able to co-parent enough to meet the needs of their child?
  • What is the physical and mental health of the parents?
  • What are the emotional and physical needs when it comes to the child?
  • What is the relationship between the child and the parent? 

The court of Nevada can and will order an investigation to figure out if the physical custody agreement is appropriate or not. 

Do Mothers Have a Step Up Above Fathers?

When it comes down to it, the judges not favor the mother over the father when they are determination who will get custody of the child in the state of Nevada. 

What the judge will do is find the best interest of the child, as this is the only real thing that truly matters in the eyes of the court. If the child’s best interests are to grant physical custody to one parent or joint custody to both, they will do what is needed. 

When the judge finalizes his or her decision, it will be binding upon both parents to uphold this agreement. 

Who is the Parent Under Nevada Law? 

In Nevada NRS 126 the marital status does not deem who is a parent and who is not. However, the child and parent relationship will exist when the following: 

  • When the person has adopted the child in question
  • When someone has given birth to the child in question
  • When the child was born by a surrogate for the parent
  • When the man who donated his sperm for the intention of becoming a parent
  • Same-sex or unmarried individuals who entered into a co-parenting agreement.

Same-Sex Parents and Child Custody

When it comes down to same-sex parents, the Nevada Supreme Court has an enforceable parent and child relationship. 

The only thing that matters in this, will be the agreement to be parents. However, what does not matter is the gender of the parents involved or the biological relationship between child and parent. 

Is It Possible to Get Custody, If I Am Not the Child’s Parent? 

The Nevada Court system may award you custody of the child only if these two factors are presented within the custody case: 

  • Putting the child in custody of the parent would be bad for the child’s well-being
  • If the only option is to award custody to a non-parent and it is in the child’s best interest. 

If I Do Not Get Custody Rights, Can I Still Visit the Child? 

Now if you do get custody, you are probably wondering, if you can still be granted visitation rights. Well, a judge in the court of Nevada can still grant you visitation rights, but this will be by a court order. 

The court order will detail the time and term of the visits, you will receive. The terms can be as detailed as the following: 

  • The court order is in the best interests of the child involved
  • The court can and will enforce the right of both parents

How Do I Get my Court Order Modified in Las Vegas?

Now, either one or both parents will have the chance to petition the court to modify their existing custody order. Reasons for modifying your current custody order can include the following: 

  • The child may require special medical care
  • The custodial parent wants to move out of the state lines
  • The custodial parent cannot support the child fully

Can I Move in Or Out of State with Nevada Child Custody Laws? 

If you are thinking about moving out of the state of Nevada and you are the custodial parent, you will want to think again. You can move with the child only after these situations below: 

  • Have consent from the other parents
  • Have consent from the court

How Does the State of Nevada Determine If You Can Move Out of State?

If you are the custodial parent and you are wanting to move outside the state of Nevada, you will need to prove to the court that: 

  • The move is in the good faith
  • You are not moving to limit the other parent’s time with the child
  • It is in the best interest of the child
  • The relocation will benefit you and the child
  • Nevada will also determine if the non-relocating parent will still be able to keep a meaningful relationship

When Do You Need a Child Custody Lawyers?

You will most certainly need a child custody lawyer if the other parent is not abiding by the custody agreement or the parent has left the state with your child. 

In Nevada that is a Class D felony, and it is not taking lightly. The state of Nevada wants to ensure all children have and maintain a meaningful relationship with both of their parents.

Chapter 7 v. Chapter 13 Bankruptcy: Which One Is for Me?

Can’t decide on what bankruptcy is right for you? Here’s everything you need to know about chapter 7 v. chapter 13. If you feel as if you are drowning in the amount of debt, you owe, people may be telling you that bankruptcy is the way to go. While it is an excellent idea, you will need to know if you should file Chapter 13 or Chapter 7. 

Today, we are going to cover both options, because it all depends on what your situation and your goals look like, if you should file for Chapter 7 or Chapter 13 as they will provide you some relief from the constant harassment of debt collectors.

Because as you may have already figured out there will be situations where you should file a Chapter 13 bankruptcy over filing Chapter 7 bankruptcy and vice versa. 

Now let’s get into what a Chapter 7 and a Chapter 13 bankruptcy is and what their advantages and disadvantages are when you decide to file with them. 

Chapter 7 Bankruptcy in Nevada

First thing is first, when in Nevada if you file a Chapter 7 bankruptcy, you will be clearing your slate of all your debts. You will then start out with a fresh slate, so to speak. 

The Chapter 7 bankruptcy is basically a liquidation where your trustee will take your assets and sell them. However, the trustee cannot sell your assets that are not exempt, which will we get into that later in this article. 

When the trustee sells your assets, they will pay you any amount left over after they pay your creditors.  The creditors will get their money first. However, there will be a commission taken out, which goes to the trustee for doing this process for you and them. 

But you will want to keep this mind when filing for a Chapter 7 bankruptcy. There will be some debts that cannot be cleared. These debts are the following: 

  • Child Support
  • Alimony
  • Certain Taxes
  • Fraudulent Debts
  • Student Loans
  • Certain Items Charged

We will talk a bit more about this later in the article after we explain the Chapter 13 bankruptcy as most of these cannot be cleared in either bankruptcy. 

You should also know under the Chapter 7 bankruptcy, you may get to keep a few secured debts, these secured debts can either be your house, furniture, or car. However, you will need to reaffirm those debts first. 

You can do this by signing the “Reaffirmation Agreement”. If you choose that you want to keep your furniture, car, or house, you will be required to sign that agreement, and you will want to know that you will not be able to bankrupt those debts for another 8 years. 

You will still be responsible for that debt and you will still be required to pay on it just like you did prior to you filing for bankruptcy. 

One thing you should know is that in a part of reaffirming your debt is to bring it current. In simple terms, if you are behind on this debt, you will be required to make those back payments before you can fully reaffirm it. 

You will also have the option to selectively reaffirm what debts you want to keep and what debts you do not as well. You don’t have to keep everything, if you wish not to. 

You should also know that you are filling out the reaffirmation agreement can be put to the side for 60 days while it is filed with the court, or while the court is issuing an Order of Discharge. 

Advantages of Chapter 7 Bankruptcy in Nevada

Now, that you have a better idea of what a Chapter 7 bankruptcy is in Nevada, let’s talk about the advantages of choosing this route rather than a Chapter 13 bankruptcy. 

One major advantage that attracts many people to file a Chapter 7 bankruptcy over a Chapter 13 bankruptcy is that they get a fresh slate. All dischargeable debts are wiped clean and they can have the option to reaffirm some of their secured assets, if they wish. 

Another major advantage of filing a Chapter 7 bankruptcy is that they will get instant protection against the debt collectors and wage garnishment from the moment they file. This means that all money and property you acquire minus inheritance after you file for Chapter 7 bankruptcy is yours to keep. The creditors or court cannot touch it. 

Another major draw to the Chapter 7 bankruptcy is that there is no minimum amount of debt that you need in order to file. 

But the last advantage is that your Chapter 7 bankruptcy case will be over and dealt with within a short time, such as 3 to 6 months. 

Disadvantages of Chapter 7 Bankruptcy in Nevada

Just like with any other major life event, even Chapter 7 bankruptcy is not always rainbows and butterflies. Filing for a Chapter 7 bankruptcy also comes with many disadvantages as well. 

One major disadvantage when filing for a chapter 7 bankruptcy is that a trustee will come in and sell all your non-exempt assets. However, you will have the option as we stated in the advantage section to keep your secured assets. 

If you filed for Chapter 7 bankruptcy to save your home, it will not work. You will have an automatic stay since that is done when you file for the Chapter 7, but that is only temporary against your home being foreclosed on. 

If you have co-signors on any sort of loan, they may end up being stuck with that debt, unless you decide to also file for bankruptcy protection. If you do not file for bankruptcy protection, your co-signors will be 100-percent stuck with that loan. 

You can only file for Chapter 7 bankruptcy once every 8 years. 

Chapter 13 Bankruptcy in Nevada

With a Chapter 13 bankruptcy, you will be on a 3 to 5-year repayment plan to your creditors. This repayment plan may require you to pay off either a part or ALL your debts with your future income. 

You will be able to use the Chapter 13 bankruptcy to avoid your house going into foreclosure, pay back taxes, make up your missing mortgage payments, make up missing car payments, or halt interest from being added on your tax debt no matter if it is federal, state, or local level. However, you will be able to keep your valuable non-exempt assets as well, which we will discuss more about in a little bit. 

If you follow all the terms of your repayment plan, all your dischargeable debt will be wiped away at the completion of your repayment plan. This will typically be in 3 to 5 years though. 

You will want to keep in mind that the amount that you will be required in your repayment plan will be considered by a few different factors including your disposable income. Your disposable income will be determined by the Nevada Means Test. 

People who decide to file a Chapter 13 bankruptcy is because they want to keep their secured assets, including their cars, homes, along with furniture. When their secured assets have more equity, they are then protected by the Nevada bankruptcy exemptions. In frank, the Chapter 13 bankruptcy is basically a reorganization as the Chapter 7 bankruptcy is a liquidation. 

In short, the Chapter 13 bankruptcy will allow you the debtor to start making up your past due payments over a course of time and get back into the good grace of your original agreement. This is mainly for people who have very valuable non-exempt assets and you want to keep them. 

In order to file a Chapter 13 bankruptcy, you are required to have a regular steady source of income, while also having some disposable income that you can pay towards your Chapter 13 repayment plan. 

Advantages of Chapter 13 Bankruptcy in Nevada

Now, that you have a better idea of what a Chapter 13 bankruptcy is in Nevada, let’s talk about the advantages of choosing this route rather than a Chapter 7 bankruptcy. 

One of the major draws to filing a Chapter 13 bankruptcy is that you will be able to keep ALL your property, it does not matter if it is non-exempt and exempt. 

Unlike when you file for a Chapter 7 bankruptcy, your debts may not be cleared, but they are heavily reduced with your Chapter 13 repayment plan. 

Just like if you chose to file for a Chapter 7 bankruptcy, you will also have instant protection against debt collectors right after filing for your Chapter 13 bankruptcy. 

Unlike, when you filed for a Chapter 7 bankruptcy, if you have co-signors under a Chapter 13 bankruptcy, they will be protected against being liable for the debt. 

You will also have instant protection against any foreclosure proceedings on your home. However, you will have certain requirements you must meet. 

You will also have more ample time to pay your debts that cannot be wiped by filing either bankruptcy, which we will discuss here soon. 

Unlike with Chapter 7 bankruptcy, you will be allowed to file a Chapter 13 bankruptcy anytime. You do not have to wait 8 years. You can also file repeatedly as well. 

You will also can classify your creditors into different groups, which then they will receive different percentages when it comes to payments. This allows you to treat your debts where a co-signor is involved different than your own personal debts. 

Disadvantages of Chapter 13 Bankruptcy in Nevada

Just like with any other major life event, even Chapter 7 bankruptcy is not always rainbows and butterflies. Filing for a Chapter 13 bankruptcy also comes with many disadvantages as well.

One major drawback when it comes to filing for a Chapter 13 bankruptcy is that their legal fees are much more money because it is a more complex situation. 

However, your cash will also be tied up, while you are on the Chapter 13 bankruptcy repayment plan, which can cause some serious stress as well for the next 3 to 5 years. 

You will want to keep in mind that another major drawback is that these repayment plans will last you up to 3 to 5 years after you file. This also means you will be going through this process for that entire time as well in the bankruptcy court. 

Bankruptcy Exemptions in Nevada

Let’s talk about the Nevada bankruptcy exemptions, that we have briefly touched upon on earlier in this post. 

Before we show you what you can exempt or what you can protect during your bankruptcy, you should know that you can exempt any sort of asset that will fall into the list below. However, the catch is that you can only exempt up to what amount is listed below. But the good thing is that you will be able to keep this exempted asset after you are done filing for bankruptcy. 

But we do want you to know that there will be certain debts that you will not be wiped clean that we will take about in a few minutes as well. 

First thing is first, an exemption limit will apply to any equity that you may have in your assets. Now an equity is the difference between what is owed on your asset and what the asset is worth. 

For instance, if your asset is secured by a loan, such as your home or car, and you are not behind on payments, the equity will be covered by your exemptions. You may decide if you want to keep making your payments on this loan and keep this asset while you are going through the bankruptcy proceedings. 

However, if the equity is will not cover your exemptions, then that gives the trustee the choice to liquidate your assets and distribute the money to the creditors. However, in this case, you will still be entitled to value these exemptions. 

If you are married, you should also know that the bankruptcy laws will allow each of you filing jointly to claim your own set of exemptions, unless you noted otherwise. 

If you would like to keep your non-exempt asset, you will need to pay the trustee what the value of that asset is. 

You should also keep in mind when you are filing for bankruptcy in the state of Nevada, they also have certain federal exemptions along with the Nevada exemptions. We will go over the federal exemptions here in a minute. 

Without further ado, here is the Nevada exemptions: 

Homestead

  • Could be a mobile home or a real property up to $125,000. (married couple cannot double this)
  • Must have homestead declaration prior to filing.

Insurance

  • Up to $350 per month annuity contract.
  • Group health or life policy or proceeds.
  • Fraternal benefit society benefits.
  • Health avails or proceeds.
  • Life insurance proceeds or policy, only if the annual premiums are $1,000 or under.
  • Life insurance proceeds, only if you are NOT insured. 

Miscellaneous

  • Business partnership property.

Pensions

  • ERISA-qualified benefits up to $100,000.
  • Public employees.

Personal Property

  • Household goods, home, and yard equipment, and appliances up to $3,000 in total. 
  • Books up to $1,500 in total. 
  • Funeral service contract in a trust
  • Health aids
  • Pictures & keepsakes
  • Automobile up to $1,500. There is NO limit if the vehicle is to provide mobility for a disabled individual.
  • Geological specimens, metal-bearing ores, art paleontological or curiosities, these are required to be classified, arrange, numbered and cataloged in these reference books. 
  • A single gun. 

Public Benefits

  • Workers compensation.
  • Aid to disabled, blind, AFDC.
  • Vocational rehabilitation benefits.
  • Unemployment compensation.

Tools of Trade

  • Library, tools, and materials, equipment up to $4,500 in total.
  • Farm trucks, equipment and seeds, tools, and stock up to $4,500 in total.
  • Arms, accouterments and uniforms you are required to use.
  • Dwelling or cabin for miner, cars appliances for mining, but only up to $4,500 in total.

Wages

  • 75% of your wages. However, the judge can authorize for a lower amount as well. 

Federal Exemptions

We have talked about the Nevada State exemptions, but now let’s talk about the federal exemptions. You should keep in mind that these federal exemptions will coincide with the Nevada state exemptions. 

Retirement Benefits   

  • Railroad workers
  • CIA Employees
  • Veterans’ benefits
  • Social security
  • Veterans’ medal of honor benefits

Survivor’s benefits     

  • United States court directors
  • Judges
  • Judicial center directors
  • Military service
  • Lighthouse workers
  • Supreme court chief justice administrators

Death & Disability Benefits

  • Government employees
  • War risk 
  • Hazard death or injury compensation
  • Longshoremen and harbor workers

Miscellaneous

  • Klamath Indian Tribe Benefits
  • Military deposits 
  • Railroad workers’ unemployment insurance
  • Seamen’s Wages
  • Seamen’s clothing

Non-Dischargeable Debts in Nevada

Now, it is time to talk about those debts that cannot be wiped clean with filing for a Chapter 13 or a Chapter 7 bankruptcy in Nevada. 

As we have previously mentioned, if you file with a Chapter 7 bankruptcy, you will still be held responsible for paying these debts. However, in the Chapter 13 bankruptcy, you will be paying these debts in FULL within your repayment plan. If they are not fully paid for, there will still be a balance following your bankruptcy case. 

You will also want to keep in mind that you will still need to pay your secured debts such as your car or house, if you want to keep these assets. 

Now, the debts that will NEVER be wiped clear in the state of Nevada even after you have filed for a Chapter 7 or Chapter 13 bankruptcy is the following: 

  • Alimony, Child Support, and other debts that pertain to family support. 
  • Any debts that stem from driving while under the influence of alcohol, meaning death or personal injury. 
  • Student loans.
  • Any penalties or fines that was due because you violated the law, these will also include criminal restitution and traffic tickets. 
  • Income tax debts that were obtained in the last 3 years. 
  • All debts that you did not list in your bankruptcy papers.

However, there are some debts that can be turned into a non-dischargeable only by a bankruptcy judge when you file for a Chapter 7. These will only occur if the creditor challenges your request to wipe them clear. These debts can be one of the following: 

  • Any debts that were made with the basis of fraud. 
  • Credit card purchases that are more than $1,150 for luxury services or goods, within 60 days of you filing for a Chapter 7 bankruptcy.
  • Cash advances or loans over $1,150 within 60 days of you filing for Chapter 7 bankruptcy.
  • Any debts that were due to a malicious injury to someone else’s property, or someone else in general
  • Any debts that came from breach of trust, larceny, and embezzlement. 
  • Any debts that you owe for you divorce settlement or decree, unless even after you file for Chapter 7 bankruptcy and you still cannot afford them. You may receive a discharge, but that will depend on the detriment to your ex-spouse. 

When Should You Consult a Bankruptcy Attorney Nevada?

When you are ready to file for bankruptcy, it is time to consult an attorney. You will want to locate an attorney that will specialize in the bankruptcy you are looking to file.

It is best to meet with a few bankruptcy attorneys before making your pick. You want an attorney to represent you in case some of the creditors want to fight back or if you have a more complex situation than what they may be used to.

When you are finally ready to start the proceedings, you will want to ensure that you have ALL documentation of all debts that you owe. If you leave a debt out, that will still be on you. That debt won’t be cleared under the Chapter 7 bankruptcy or added to the repayment plan under the Chapter 13.

Need Food? How to Apply for Nevada Food Stamps?

Struggling to purchase food? Here’s everything you need to know about applying for Nevada food stamps. If you find yourself scrounging up enough money to try and feed your family, or do not have the money at all. It may be time to think about applying for the food stamps in Nevada or apply for SNAP benefits.

Here’s everything you will need to know before you apply when you apply and after you apply for food stamps and SNAP benefits.

SNAP Benefits/ Nevada Food Stamps

SNAP is short for Supplemental Nutrition Assistance Program. The SNAP program will provide you with a monthly amount of money that will help you purchase food for you and your family. This government benefit will be deposited onto your EBT (or what many people call their food stamp) card. This EBT card works just like your normal debit card. The SNAP program is managed by the Nevada Department of Welfare and Social Services.

SNAP Eligibility

To eligible to get SNAP benefits, you must fit these following criteria:

  • Have a few assets and low-income
  • Be a citizen or be a qualified alien
  • Have a Social Security card?
  • Looking for work or already working

Note: You will want to keep in mind that you will in no way be in trouble if you apply for benefits and are not eligible. If you fill out your application truthfully. However, you can always visit the Nevada Department of Welfare and Social Services to take the pre-screen eligibility test, to see if you will be eligible prior to submit your application.

In order to get your SNAP benefits, you will be required to be either a qualified alien or a United States citizen. A qualified alien, in short, is someone that is in the United States that have appropriate documentation. Even if some of the members that live in your household are not qualified aliens or citizens, you can still be eligible for these SNAP benefits. But the SNAP benefits may be a lesser amount than they would if everyone was either a citizen or a qualified alien. Essentially, all non-qualifying aliens will not be included in your number of people in your household when the Nevada Department of Welfare and Social Services determines your SNAP benefits.

You will be required to supply all Social Security numbers for all members in the household that will be receiving these SNAP benefits.

Just like mentioned above all adults within the household must either be working, or they must be actively looking for work. If you are either going to school or you are disabled, you may be eligible to get out of these work requirements.

If you are single, you may still apply for these SNAP benefits. However, you will need to fit within these following criteria as stated by the Nevada Department of Welfare and Social Services:

  • Non-disabled
  • Must be between 18 to 59 years of age
  • Must work a minimum of 20 hours a week.

SNAP Benefits Income Restrictions

When it comes to the income eligibility for the SNAP benefits, the Nevada Department of Welfare and Social Services has some very complicated rules. Today, we are going to break down these complicated rules and simplify them for you, but for starters, everyone will be required to be low-income to ultimately qualify for these SNAP benefits. However, the Nevada Department of Welfare and Social Services can define a single person or even a group of people who ends up purchasing and preparing their food together.

You will need to keep in mind that the SNAP benefits are only for those people with little to no money who need help buying food. In some households, they will be eligible as Categorically Eligible due to someone within the household also gets TANF benefits, Supplemental Security Income, or county general assistance. However, for the rest of the people, there will be income restrictions enforced. These income limits are listed below.

Size of Household 130% above Poverty, Maximum Gross 100% of Poverty, Maximum Net Maximum Allotment
1 $1,287 $990 $194
2 $1,736 $1,335 $357
3 $2,184 $1,680 $511
4 $2,633 $2,025 $649
5 $3,081 $2,370 $771
6 $3,530 $2,715 $925
7 $3,980 $3,061 $1,022
8 $4,430 $3,408 $1,169

Maximum Gross

As you can see from the table above, they have a maximum gross income. This maximum gross income will always be applied to each household that does not get put under the Categorically Eligible, disabled household, or 60 or older household.

You will need to keep in mind that the maximum gross income is going to be your income prior to taxes and even your SNAP deductions being taken out. If by chance your maximum gross income succeeds what is listed on the table above, you will NOT be eligible for SNAP benefits.

Maximum Net

Now the maximum net income will start off with your maximum gross income. This is where your taxes and a few specific other expenses will be deducted from your maximum gross income to figure out if you will be eligible for SNAP benefits or not. The following items can be deducted from your income:

  • A standard deduction of $144 up to $197 dependent on how many people are in your household.
  • If you are currently working, 20-percent of your gross monthly income.
  • A deduction for your childcare, so you can work or attend school.
  • A deduction up to $446 in shelter fees. This can include your mortgage or rent payments. Also, up to $274 for utilities along with $11 for your phone.
  • Court-ordered child support payments.
  • People over the age of 60 years old who are receiving Supplement Security or Social Security Disability can deduct up to $35 a month.

After you deduct these above things from what your monthly gross income, you will be left with what your maximum net income is for your household. This will allow you to get an estimate of your maximum net income without too much effort. If your maximum net income is equal to or even less than what it is listed in the table above, you will typically be able to get SNAP benefits.

Asset Limits

Alongside your low-income, you will also be required to have little to no assets. You will need to keep in mind that these assets will not include your vehicles, home, jewelry, clothing, or anything that is necessary for your household. However, your assets that will be included will be your land, cash, your second car (must be worth more than $4,650), bonds, and stocks. You will not be permitted to have over $2,000 in assets.

How to Apply for Food Stamps

If you want to apply for Food stamps/ SNAP Benefits, you will need to fill out the application provided and bring it down to your local welfare office. You will have the option of downloading and printing the application right from the Nevada Department of Welfare and Social Services. If by chance, you do not own a printer or do not have access to one, you can always have the Nevada Department of Welfare and Social Services mail you the forms as well.

Once you fill out the application, you will have the option to either mail, fax, or drop off the forms to your local welfare office. However, if you live on the Nevada Indian Reservation or Colony, you will need to go to the local Tribal Social Service Office or the Health Clinics, for more information on your application.

Once the Nevada Department of Welfare and Social Services receives your application, they will contact you to schedule an interview. This interview will go over all your documentation on your application. Those who are elderly or disabled will be required to have this in-person interview, instead, they have an interview over the phone. You will need to bring the following documentation to the interview:

  • Your Nevada state driver’s license
  • Your Social Security cards
  • Your proof of income
  • Your proof of child care expenses
  • Your proof of child support payments
  • Your bank statements
  • Proof of your utilities and rent payments
  • Proof of non-reimbursed medical expenses

About seven business days after your interview, you will receive a letter stating whether you will be getting SNAP benefits. However, if you do not hear from the Nevada Department of Welfare and Social Services within that time frame, you will want to contact them to see if they need any additional information from you.

Advanced Planning for Healthcare Decisions

Advanced planning for healthcare decisions don’t have to be as scary or hard as you make it out to be. Here’s everything you need to know. When it comes to the end of life, this can be one of the most trying times for the entire family. There are so many things you wish you would have done, should have done, or things you wish you would have known.

If you or someone you know is going through the end of life, or perhaps you are now just thinking about your own mortality, it is time to sit down, grab a pen, and figure out what will be the best for you.

Advanced Planning for Healthcare Decisions

When it comes to the end of life, you have 4 options, you will want to go over to ensure everything goes smoothly for your loved ones that you will be leaving behind.

These 4 options will be detailed below to ensure you understand what they truly entail to make the best possible decision necessary.

Durable Power of Attorney for Your Healthcare Choices

You might have already heard of the Power of Attorney. A Power of Attorney can also cover your healthcare choices too.

The Power of Attorney is a document which you will sign that authorizes your selected individual to play as your agent and make your health care choices for you when you cannot.

The Power of Attorney is great for those situations when you are in the hospital, but you cannot make your own medical decisions. This typically is due to when you are not coherent, in a medically induced coma, or anything else that affects your brain functions to make educated decisions.

For this Power of Attorney to be valid, if you happen to become disabled, you will need to have a Power of Attorney that is also “durable”. The Durable Power of Attorney will even be valid if you by chance become disabled.

If your Power of Attorney does not contain that language, the proxy you choose will not be permitted to use the Power of Attorney is in the off chance you become disabled.

You will have the full option to appoint whoever you want to make your healthcare decisions for you when you ultimately sign the Durable Power of Attorney for Healthcare Decisions. One of the advantages of the Durable Power of Attorney for Healthcare Decisions will eliminate the need for the formal guardianship.

If you do not have the Durable Power of Attorney for Healthcare Decisions in place and you are not able to make your own healthcare decisions, someone can take this case to court, to have you declared as incompetent and to have the power to make decisions for you. However, this process is very time-consuming and costly, to say the least.

When Does the Durable Power of Attorney for Healthcare Decisions Take Effect?

The Durable Power of Attorney for Healthcare Decisions will come into effect immediately after signing. However, you can also state otherwise, if you do not want it to come into effect right away. You can only do this if you say this prior to signing and you are competent enough to make your own healthcare decisions.

Note: The Durable Power of Attorney for Healthcare Decisions will only be valid if you sign it prior to being mentally incapacitated. It will not be valid if you do not understand the significance or nature of the document.

How Long Does the Durable Power of Attorney for Healthcare Decisions Last?

The Durable Power of Attorney for Healthcare Decisions will be valid if you are alive. When you do die, the Durable Power of Attorney for Healthcare Decisions will die with you.

However, in the change you want to terminate your Durable Power of Attorney for Healthcare Decisions, you can do so at any time but revoking it. You can also execute a new one when you feel it is necessary as well.

Alongside your Durable Power of Attorney for Healthcare Decisions, you can also have an advanced healthcare directive, or a living will. We will be discussing these options next.

Living Will Do Not Resuscitate & Advanced Healthcare Directive

An advanced healthcare directive or a living will be a document that is directing your doctor to either withdraw or withhold any life-sustaining treatment in the case of any irreversible or incurable condition.

One question that is commonly asked when it comes down to a Living Will is whether your doctor is permitted to provide you with pain relief or other comfort things, if the document is executed.

In the Nevada Law the law states that if you have a Living Will, the doctors or other healthcare professionals can give you pain medications and do other comfort measures that they see fit.

If you want to do a Living Will, you must be at least 18 years of age or older and have a sound mind. The Living Will is required to be signed by the creator and at least two other competent witnesses or a public notary.

However, when it comes down to it the Durable Power of Attorney for Healthcare Decisions and a Living will is completely different. The Living Will is a very limited declaration that will only cover the above medical situations, it does not designate a person to make all your medical care decisions.

Do Not Resuscitate Order and Physician’s Order for Life-Sustaining Treatment

The Physician’s Order for Life-Sustaining Treatment is another legal document that consists of a physician’s order about various medical interventions for the elderly or those individuals who have a terminal or progressive illness.

The Physician’s Order for Life-Sustaining Treatment will give the patient’s wishes about the various medical interventions that the patient may or may not want to be used. Essentially, the Physician’s Order for Life-Sustaining Treatment can consist of medical interventions such as antibiotics, feeding tubes, CPR, etc.

The Physician’s Order for Life-Sustaining Treatment will be required to be dated and signed by your physician as well-dated and signed by you or your legal representative. It is vital that you make all the decisions in your Physician’s Order for Life-Sustaining Treatment along with the help of your doctor.

Whenever you receive any sort of treatment, you should always have your Physician’s Order for Life-Sustaining Treatment with you. If you are getting treated at home, you can keep your Physician’s Order for Life-Sustaining Treatment on your bedside table, refrigerator, or any other spot where the emergency responders are trained to look at.

The Physician’s Order for Life-Sustaining Treatment can be used alongside many other legal documents consisting of a Living Will or the Durable Power of Attorney for Healthcare Decisions. In the chance that there is a conflict with these documents, the Physician’s Order for Life-Sustaining Treatment document will always come first.

For those terminally ill patients, they also may fill out the Do Not Resuscitate Identification document. This document will instruct physicians to withhold any life-saving treatment in the event of respiratory or cardiac arrest.

To get the Do Not Resuscitate, you must fill out the application that the state of Nevada provides. You will need it certified from your doctor stating that you are terminally ill or meet the other requirements.

Living Will Lockbox: Secretary of States’

The Durable Power of Attorney for Healthcare Decisions, the Physician’s Order for Life-Sustaining Treatment, and the Living Will all come with specific instructions for your end of life care. They provide the opportunity to tell your health care professionals along with the rest of your family what you want when it comes down to your life-sustaining treatments.

You will always want to have a copy of your Durable Power of Attorney for Healthcare Decisions, Living Will, and your Physician’s Order for Life-Sustaining Treatment, if your healthcare professionals doe have access to these documents, even if you have created them, they will not know your end of life wishes when an emergency arises.

This is where the Living Will Lockbox comes in. The Living Will Lockbox is a virtual, secure lockbox where people in Nevada can file a few different directives, including Power of Attorney, Living Wills, and the “Do Not Resuscitate” documents. Designated health care professionals along with family members can have access to this lockbox in case of an emergency where any sort of medical treatment decisions must be made about you.

There is no cost to use the Living Will Lockbox in Nevada.

How to Get Started Using the Living Will Lockbox?

When you have your directive document in hand, you will want to register on the official Living Will Lockbox website, or you can register by mail. The mailing address is

101 N. Carson Street
Suite 3
Carson City, Nevada 89701

Then between 7 to 10 days after you filed your directive with the Living Will Lockbox, you will get a letter in the mail confirming that they received your documents and they have been securely filed.

Also, in this letter, you will be given a registration number printed on a wallet-size card along with your instructions on how to access the Lockbox.

Nevada Child Support: Are You Paying the Correct Amount?

Do you believe you are paying too much child support? Here’s everything you need to know about Nevada Child Support.When it comes to public policy and family law, child support or what is sometimes referred to as child maintenance is an ongoing or a periodic payment that is made out to the parent for the benefit of the child. This will typically follow the end of the relationship or marriage. 

The child support is paid either indirectly or directly for the care of the children in the relationship that has ended, or in many cases never begun. Often the person paying the child support is known as the non-custodial parent. 

This will all boil down to the jurisdiction, the custodial parent lives in. However, most of the time the non-custodial parent will be required to pay the non-custodial parent. While in other jurisdictions, the parents may have two custodial parents. If this is the case, the parent with the higher income will be required to pay the other parent with the lesser income. The last way possible is if both parents make the same amount. This is when one parent is called a non-resident and will then still be required to pay the other parent a portion of his or her income. 

When it comes down to family law, child support is often a part of the arrangement during marital separation, divorce, and annulment. 

With that being said, we are now going to further discuss what happens with child support in the state of Nevada. 

Nevada Child Support Calculations

As stated above there are a few different ways child support is handled with the parents. However, in Nevada, child support is calculated based on the parent’s gross monthly income. This income will include consistent overtime, salary, imputed income, and self-employment income. 

You will want to know that the courts love to use this formula, especially if your case fits these certain criteria that we are about to explain. However, you will also want to keep in mind that child support can be extremely different than the formula as well. 

The court can also grant child support to one parent even if both parents have joint custody of the child or children as well.  The minimum amount of support that the courts in Nevada will allow is $100. 

The formula for the non-custodial parent is as follows:

  • For one child, the non-custodial parent can be looking to pay around 18% of their gross monthly income. 
  • For two children, the non-custodial parent can be looking to pay around 25% of their gross monthly income. 
  • For three children, the non-custodial parent can be looking to pay around 29% of their gross monthly income. 
  • For four children, the non-custodial parent can be looking to pay around 31% of their gross monthly income.
  • For five or more children, the non-custodial parent can add an additional 2% of their gross income per each child. 
  • As previously stated above, the minimum amount that will ever be awarded to the custodial parent will be $100. 

Now, that we have discussed the formula that the non-custodial parent can potentially pay, let’s discuss the maximum amount of child support these parents can pay to the custodial parent. This goes as follows:

  • If the non-custodial parent makes anywhere from $0 to $4,168 monthly gross income, the maximum child support paid will be $500. 
  • If the non-custodial parent makes anywhere from $4,168 to $6,251 monthly gross income, the maximum child support paid will be $550.
  • If the non-custodial parent makes anywhere from $6,251 to $8,334 monthly gross income, the maximum child support paid will be $600.
  • If the non-custodial parent makes anywhere from $8,334 to $10,418 monthly gross income, the maximum child support paid will be $650.
  • If the non-custodial parent makes anywhere from $10,418 to $12,501 monthly gross income, the maximum child support paid will be $700.
  • If the non-custodial parent makes anywhere from $12,501 to $14,583 monthly gross income, the maximum child support paid will be $750. 

Nevada Joint Custody Child Support

If the parents both share joint custody of their children, the Nevada courts can decide how to handle the child support in the following way. 

The first thing is first though, the courts may use the figure above to calculate the amount both parents would pay in child support solely based on the number of children in question and the parent’s monthly gross income. 

For instance, let’s say the parents in question have two children together. The father has a gross income of $1000 monthly, while the mother earns $2000 gross monthly income. So, the father’s child support would be 25% of $1000, which comes out to $250, while the mother’s child support would be 25% of $2000, which comes out to $500. 

But now we would need to state the difference between the two parents’ obligations though. 

Again, let’s use the same example above. The mother’s obligation was $500 while the father’s obligation was $250. We can subtract the mother’s obligation of $500 from the father’s obligation of $250, which comes out to a difference of $250. 

This is when the parent with the more income would be required to pay the difference to the other parent. So, in the case of our example, we have been using, the mother would have to pay the father every month a $250 child support payment. 

However, keep in mind, that both parents are still supporting the child, but the one with the higher income will have a larger obligation than the parent with the lower income. 

Modification Factors for Child Support

Now, you will want to keep in mind that the child support amount can be adjusted when needed as well. That the court can adjust it for your certain situation, but for the court to do this for you, you will need to have experienced the following factors and have the evidence to back up your claim. 

  • Dependent on the age of the child or children.
  • Dependent on if one parent is paying all or nearly all the childcare and/or health insurance. 
  • Dependent on if one of the parents have a legal responsibility to support others.
  • Dependent on the value of services paid for by either parent.
  • Dependent on public assistance paid in the support of the child. 
  • Dependent on the expenses related to the mother’s confinement and pregnancy. 
  • Dependent on the cost of transportation for the child visitation to and from the other parent’s house. 
  • Dependent on the amount of time the child spends with both parents. 
  • Dependent on the necessary expenses for the well-being of the child. 
  • Dependent on the relative income of each parent includes income earned by the parent and his or her new spouse. 

You will want to know that the child support obligation will last until either the child turns 18, or if the child is still in high school until their 19th birthday. 

However, if the child or children is disabled, the child support obligation will continue until the child is self-sufficient. By chance, if the child is emancipated whether they are getting married or by court-ordered, the child support will be terminated. 

Enforcement of Child Support in Nevada

In the state of Nevada, child support can be enforced one of two ways. 

The parent receiving the child support can decide to contact the Family Support Division of the District Attorney’s Office. The parent that is supposed to receive the child support can complete the application through the DA. Then the DA will decide if there is any past due to child support owed, make arrearages, and decide how much in arrearages is owed to you, along with the start of collecting these arrearages. The DA Family Support Office can also help you handle finding your non-custodial parent, modifying an existing order, obtaining a custody order, or establishing paternity.

Another option for a parent to the enforcement of child support can decide to file a Motion for an Order to Show Cause within the Family Court. 

Important Things You Should Know About Non-Payment of Child Support

Please note, if the parent does not pay their child support, this does not give you the right as the custodial parent to without contact or visitation with their child. Even though the non-custodial parent is not paying child support you must continue to abide by the custody agreement that was set forth to you by the court of Nevada. Once the court grants you a change in your custody agreement, you are still required by law to follow it. 

Failure to follow your custody agreement could certainly put you in contempt of court, which can result in either jail time or any fines. 

Child Support Division Las Vegas NV

If you are in Las Vegas, Nevada, and are having issues with child support, you will want to head on over to the Child Support Division in Las Vegas, Nevada. 

The Child Support Division in Las Vegas, Nevada has a program called the Child Support Enforcement. The Child Support Enforcement is here to help families be self-sufficiency, while also making child support a reliable source of income for the custodial parent. 

The program aides to ensure that children will have the medical and financial support from both of their biological parents. That both child parents will be a part of the responsibility when it comes to their children’s needs, but also at the same time reducing the welfare costs as well. 

Many questions that the Child Support Division in Las Vegas, Nevada gets is, “Is child support tax-deductible?” The answer is no. It is not a tax-deductible. 

Where is the Child Support on Flamingo Located? 

The Child Support on Flamingo is located at the following address: 

1900 E Flamingo Rd #100
Las Vegas, NV 89119

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Breaking Your Lease in Nevada: How To Do It Properly

Break Your Lease in NevadaMost tenants who sign a lease for their rental unit or apartment typically plan to stay for the entire lease, which typically is just 12 months. However, there are certain situations that may require you to break your lease such as moving closer to your elderly parent, relocating for a new job, or moving in with your partner.

Leaving your rental unit or apartment before your lease is up without paying the remaining amount of rent due is known as breaking your lease.

Here’s the general breakdown of your tenant rights when breaking a lease in Nevada.

Tenant Responsibilities and Rights

A lease is an agreement between your landlord and yourself for a certain amount of time, which is typically 12 months.

Under a normal lease, your landlord will not be allowed to change their terms or increase or decrease your rent until your lease is over. Your landlord cannot make you move out until the end of your lease as well, unless you do not pay your rent, or you violate a clause that is in your lease. In most cases, landlords are required to follow very strict procedures to end your tenancy in their apartment or unit.

You as the tenant is legally responsible for paying rent for the entire duration of the lease, which is typically 12 months. Even if you choose not to live there, but there are some exceptions to this rule. We will go over them right now.

Situations When Breaking Your Lease in Nevada is Justified

There are a few certain situations to this very blanket rule where the tenant who will break their lease will still owe the remaining rent. However, with these situations, you will be able to legally move out before your lease is over. Here’s the situation:

You are Now on Active Military Duty

If you decide to enter active military duty after you sign your lease for your rental unit or apartment, you have every right to break your lease under the federal law.

You will be required to be a part of the “uniformed services.” This includes National Oceanic and Atmospheric Administration, armed forces, Public Health Service, or the activated National Guard.

However, when you need to break your lease because of your active duty, you will need to give your notice in writing and specify it is because of military reasons.  Once you either the letter or hand deliver the letter, your lease will be terminated in 30 days after the rent is next due.

You are Over the age of 60 & Moving Due to Mental or Physical Disability

Under the Nevada Law, if you are 60 years of age or older, you can terminate your lease due to mental or physical disability. This is only permitted if you give your landlord a written notice specifying the conditions you are suffering.

Keep in mind, the lease can only be broken if the rental unit or apartment cannot handle the accommodations you need.

The Rental is Not Incompliance with Safety & Health Codes for Nevada

It is up to your landlord to provide you a habitable housing that abides by the state and local housing codes of Nevada.

If your landlord cannot provide you a habitable housing that abides by the state and local housing codes of Nevada, the court of Nevada will conclude that you were constructively evicted. Constructively evicted just means that the landlord was unable to provide you a habitable housing and has “evicted” you, so you have no further ties or responsibilities to pay rent for that unit.

The Nevada states that there are certain requirements that you will need to follow before you can move out and be constructively evicted. You will have to keep in mind these problems are going to have to be severe such as lack of heat or lack of air.

Landlord Violates Your Privacy and Harasses You

Under the Nevada Law, your landlord is required to give you at a minimum of 24 hours’ notice prior to entering your rental unit.

If your landlord continues to violate your right to your privacy and does things like remove your doors and windows, changing locks, turning off utilities, you can be constructively evicted. We talked about being constructively evicted above and the same would go for this situation as well.

Victim of Domestic Violence

Under the Nevada Law, it requires landlords to provide you early release from your lease, if you are a victim of domestic violence.

However, in this case, you will need to obtain a valid order of protection before you can get out of your lease first.

It is the Landlord’s Job to Find a New Tenant

Even if you don’t have one of the above reasons to justify breaking your lease, that does not mean you still cannot break the lease and not be on the hook for paying all the remaining rent.

Under the Nevada law, your landlord will be required to put in effort to re-rent your rental unit no matter why you left it in the first place. Instead of the landlord charging you for the remaining balance due under you lease, they will rent it out as quickly as possible to help ease the burden of rent loss.

The state of Nevada requires all landlords to take these steps to keep their rental losses to a minimum.

For instance, if you break your lease, the landlord is not going to sue you for the total amount left of the rent. The landlord is going to re-rent your unit as quickly as possible and subtract what rent they are getting from their new tenants to the rent you still owe them.

Typically, depending on how long it takes the landlord to re-rent your unit, you will only oversee paying for the time that the rental unit was vacant.

There will be times when you will end up having to pay your entire remaining balance, if you do not live in a heavily sought-after area. However, landlords do have a cap of being able to charge you $10,000 in the state of Nevada.

Consequences of Breaking a Lease Early

The last thing you ever want to do is leave early. It brings out a lot of consequences you may not have thought of.

The major consequence is financial. You will be paying for your old place alongside your new place. Many people cannot do this. Even if your landlord can get a new tenant in quickly, you may still be on the hook for a month or two of rent at your old place while paying rent at your new place as well.

Another consequence is it will make your rental history look a little sloppy. When landlords are looking to pick a tenant, they look at the tenant’s rental history. They want a tenant they will not only take care of their property, but also will stay for the remainder of the lease. This could very well deter a landlord from renting to you in the future.

If your reason for breaking your agreement is justified as mentioned in one of the above situations, you do not have to worry about having sloppy rental history. If you are breaking your lease just because that is a whole other ball game and it will not look good for your future landlords. It is best to stay where you are until your lease is up to maintain a perfect rental history, so future landlords will want to rent to you.

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Elder Abuse & Neglect: How to Stop, Prevent, & Report

Elder abuseElder abuse is far more common than many people think. Here is everything you need to know to help spot the warning signs of elder abuse and neglect and how you can stop them in their tracks.

What is Elder Abuse and Neglect?

First and foremost, elder abuse can come in different forms such as emotional, physical, or sexual harm that is done to an older person. These elders can be exploited for one’s financial gain and neglected by the people who were directly responsible for ensuring they are safe and sound.

In the United States alone, over half a million reports of elder abuse are reported each year, and there are always millions of cases that are never reported to the authorities.

As a person ages, they will become frail and will not be able to take care of themselves as they once did. They will not be able to stand up to bullying or fight back if/when they feel physically or emotionally attacked.

With their physical and mental ailments slowly deteriorating, it puts more strain on those who are responsible for taking care of them.

But with them not being as active can leave them as an easy target for people to take advantage of them.

However, what is really frightening is that most of the elder abuse takes place right where the elder lives. Unfortunately, most elder abusers are the elder’s own children, grandchildren, or their partner in some cases. Elder abuse can even happen in long-term care facilities as well.

If you believe that an elder is at risk for being abused or neglected, whether it is for financial gain or just from an overtired caregiver, it is vital that you speak up about it. Everyone even elders deserve to live in a safe place and treated with the respect they deserve.

Now, we are going to go over the warning signs of elder abuse to help you better understand what the risk factors and you are can prevent this from happening along with reporting the abuse and/or neglect.

Types of Elder Abuse

As we previously talked about the abuse in elders can take many different forms. Some will involve threats while others involve intimidation, all the way to financial trickery, or neglected.

However, the most common types of elder abuse are the following:

Physical Elder Abuse

This abuse is non-accidental. This abuse is where force is used against the elder and ends up resulting in injury, physical pain, or even worse impairment.

This abuse does not solely mean physical assaults such as shoving or hitting, but it can also deal with the inappropriate use of confinement, drugs, and restraints.

Emotional Elder Abuse

Emotional Elder Abuse is where another adult causes psychological or emotional pain or distress to the elder. This can include the following:

  • Ridicule or Humiliation
  • Intimidation from threats or yelling
  • Ignoring the elder
  • Habitual scapegoating or blaming
  • Isolating the elder from activities or friends
  • Menacing or terrorizing the elder

Sexual Elder Abuse

Touching an elder without their consent is sexual elder abuse. This touch can involve physical sex acts, but also making the elder watch pornographic material, or even undress when they do not want to.

Elder Neglect

Elder Neglect is when you fail to fulfill your caretaking duties. Unfortunately, elder neglect counts for over half of the reported cases of elder abuse in the United States. Whether it is unintentional or intentional, it is still elder neglect.

Financial Exploitation

Financial Exploitation is when the caregiver will use the elder’s property or funds for their own personal gain. A caregiver may try one or many of the following things:

  • Misuse credit cards, checks, or other financial accounts
  • Steal income checks, household goods, and cash
  • Involve themselves in identity theft
  • Forge the elder’s signature

Elder Self-Neglect in Nevada

Elder self-neglect is going to be one of the more common forms of elder abuse. Self-neglect is a main sign of grief, depression, dementia, among other medical problems. However, elders will typically always refuse to NOT seek any sort of assistance. The elder may feel ashamed, in denial about needing any form of help. Elders typically do not want to lose their independence.

Elder Abuse Warning Signs

It is very unfortunate that the signs of elder abuse are highly difficult to recognize. Many of the warning signs of elder abuse are commonly mistaken for symptoms of the elder’s frailty or even dementia.

Physical Elder Abuse Warning Signs

  • Dislocations, sprains, and broken bones
  • Unexplained bruises, injury, scars, and welts
  • Broken frames or eyeglasses
  • You are not allowed to see the elder without the caregiver present

Emotional Elder Abuse Warning Signs

  • Behavior that is like dementia. Things such as sucking, mumbling, or rocking
  • Controlling caregiver behavior, belittling, and threatening

Sexual Elder Abuse Warning Signs

  • Bruises around genitals and/or breasts
  • Unexplained anal and/or vaginal bleeding
  • Bloody, stained, or torn undergarments

Elder Self-Neglect or Elder Neglect Warning Signs

  • Unusual dehydration, weight loss, or malnutrition
  • Untreated physical ailments
  • Unbathed
  • Unsanitary living conditions
  • Unsafe living conditions
  • Unsuitable clothing

Financial Elder Exploitation Warning Signs

  • Sudden financial change
  • Huge withdrawals from elder’s financial accounts
  • Cash and items mission from their household
  • Unexplained changes in power of attorney, policies, titles, and wills
  • New names added to the elder’s credit cards and/or debit cards

Healthcare Abuse or Fraud Warning Signs

  • Multiple billings for the same service
  • Under medication or overmedication
  • Inadequate care
  • Poorly paid, poorly trained staff equals a poor care facility

How to Prevent Elder Neglect and Abuse

If you are a caregiver to an elder and you feel like you may be in danger of neglecting or even hurting them whether it is unintentional or intentional, you should be happy to know there are many support groups and help available to you.

Whether you are having a program controlling your anger or you feel the tension growing between the both of you, recognizing this early on can prevent you from making this into a bigger problem than it already is.

With you being the caregiver for the elder, all starts with you. You can prevent any and all neglect or abuse while the elder is in your care by taking the following actions:

Relieve Your Stress/Burnout

Stress is going to be a major factor when it comes to elder abuse and/or neglect. By you just reducing your stress levels on a regularly basis by doing some deep breathing exercises, meditation or yoga, this will not only help you remain calm, but the elder too.

Ask for Help

Do not be afraid to ask for help from your relatives, local respite care agencies, friends, and even adult daycare programs.

It doesn’t mean you are weak or can’t handle things on your own. Because every caregiver needs a break from time to time. Taking care of someone is a stressful job and sometimes you need to attend to your own wants and needs even if it is only for a little while.

Take Care of You Too

This goes hand in hand with the other points, but if you are not taking care of yourself, how do you expect to take care of someone else? Make sure you are getting enough sleep and the rest of your needs are being met.

See Someone for Your Depression

Caregivers commonly get depressed. It’s natural. You are putting someone else’s needs before your own. The best thing you can do is seek help for your depression before it gets bad.

Locate Support Groups

You may think you are the only one taking care of someone near and dear to you, but you are not. Ask your local elder homes and services if they know when and where local support groups get together. This will be your lifeline. You will be around people that ‘get’ you. It’ll be a breath of fresh air.

How to NOT be a Victim of Elder Abuse

It is always best to get your legal and financial affairs in order well before you need the care. However, if you are finding out that a caregiver is right around the corner, get your affairs in order before you truly will ever need them.

Always stay in touch with your family, friends, and whoever you see on a regular basis. Don’t let your caregiver isolate you from the people who you want to be around.

If you are unhappy with the care you are receiving, speak up. It does not matter if it’s your own family, you are in a facility, or whatever else you are. Tell someone you 100-percent trust or call the elder abuse helpline yourself.

How to Report Elder Abuse

If you, yourself are an elder who is being neglected, exploited, or abused, you should tell someone you trust. Even if the person you tell is your family, friend, or even your doctor, you need to tell someone immediately.

If you do not have anyone you can trust, you can call one of the helplines, which can get you the help you need.

If you happen to see an elder being neglected or abused, do not wait to report the situation until later. Report the situation immediately. You can save that elders life.

Eligibility to be a Guardian of a Child: Your Checklist

Eligibility to be a Guardian of a ChildTrying to figure out if you qualify for being a guardian of a child in the state of Nevada? You have come to the right place.

Today, we are going to over what you must do or be to be eligible to be a guardian.

How to Become Guardian of a Child General Qualifications

First things first, you should always keep in mind that the court of Nevada can appoint anyone that they think will be a suitable guardian.

You should also know that a guardian does not have to be a relative of the person who needs the guardian either. Even though the court of Nevada will give preference to the protected person’s relatives, if there is more than one person looking for guardianship over them.

Here is how guardianship will work. One person can go to court and petition to be guardian, but if two people (typically a couple) can go to the court and petition to be what is known as co-guardians.

Now the court of Nevada can require you, the guardian to go through training that the court sees fit for this personal guardianship case as well.

What is NOT Acceptable for Guardianship

Now, that we have talked a little bit about how you can become eligible to be a guardian, let’s talk about what is not acceptable, if you are looking to get guardianship over a protected person.

  • If you are incompetent
  • If you are a minor
  • In the last 7 years, you have filed for bankruptcy
  • If you have been convicted of a felony
  • If you have been disbarred or suspended from practicing accounting, law, among other professions where you will handle money
  • If you committed a crime of abuse, exploitation, domestic violence, abandonment of child, isolation

What if More Than One Person Petitions to be Guardian?

If you and your partner want to file for guardianship, you can file one set of paperwork and ask the court of Nevada to appointed co-guardians.

However, if you were to file separately this is when the court of Nevada will have to select the person who is more qualified to be guardian. For the court to do that, they will put the following into consideration:

  • If there was someone appointed to be guardian in a will among other legal writing
  • If the child is over the age of 14, their preference
  • Your relationship with the protected person
  • CPS recommendation

What Happens if no one Meets the Eligibility to be a Guardian?

If no family or friends are either able to set up as guardian or willing to serve as a guardian, then the next option will be the Office of the Public Guardian. However, this will be the court of Nevada’s final option.

Nevada Eviction Notices: Everything You Need to Know

Nevada Eviction NoticesIn the state of Nevada, the landlord can evict you, the tenant for violating your lease and/or your rental agreement or failing to pay your rent. However, as a tenant, you will have legal defenses, or options that can challenge the eviction process.

Nevada’s Eviction Notices Process

When it comes to the landlord-tenant relationship in Nevada, the Nevada Revised Statutes governs this along with the eviction process.

Your landlord may evict you as a tenant, but only through either the summary eviction process or the formal eviction process when you violate your lease or your rental agreement or when you fail to pay your rent.

However, the eviction notice requirements for when you violate your lease, or your rental agreement will be a little bit different from the eviction notices that will be sent out for when you fail to pay your rent.

Your landlord can go through the formal eviction process while suing for money damages and the possession of the rental unit all in one lawsuit. However, the summary eviction process can only be used solely for gaining possession of the rental unit once again. But, if the landlord wants to sue for money damages, they still can, but they will have to do a separate lawsuit.

We will dive deeper into the entire eviction process below.

How Do Eviction Notices Work for Nonpayment of Rent?

When a landlord is evicting a tenant for not paying their rent, the landlord will be required to give the tenant their five-day eviction notice. This notice is also commonly referred to as the 5-day notice to pay rent or quit.

From the time of receiving the notice the tenant will have 5 days to pay rent or vacate the rental unit.

If you the tenant decides to challenge the eviction and you choose not to leave the premises or pay the rent, you leave the landlord with no other option than to start the eviction lawsuit, which is also commonly known as the unlawful detainer suit.

You as the tenant will receive you very own copy of the complaint and summons, which will also give you the information you need about the next step, which would be the hearing. You will have just five days to file an answer with the court of Nevada citing any defenses you wish to use to challenge the eviction that the landlord set forth.

You will then need to show up to the hearing along with the landlord, where the judge will ultimately make the final say in whether you will be evicted, or you will not.

How Do Eviction Notices Work for Lease Violations?

When a landlord is evicting a tenant for violating their lease or their rental agreement, the landlord will be required to give the tenant the same five-day eviction as they would if the tenant did not pay their rent.

If the tenant does not leave the premises or correct their lease violation within these next five-days, the landlord will then be required to send out a second notice, which is known as the unlawful detainer.

The unlawful detainer will give the tenants yet another five days to vacate the premises before the landlord starts with the formal eviction lawsuit with the court of Nevada.

If you, the tenant still decides to stay on the premises, you leave the landlord nothing else, but to start filing the paperwork for their eviction lawsuit. You will also receive copies of these records and you will be given five days to file your answer. If you decide to challenge the eviction, you should do it within these five days.

Then you and the landlord will attend a hearing, where the judge will listen to both sides of the story and make their decision if you will be evicted or you will not.

You should always keep in mind that it is not always worth fighting an eviction. If you lose, you could end up paying not only your attorneys’ fees, but your landlord’s attorneys’ fees, along with the court costs, and the negative credit rating that is to come.

Sometimes the best option as a tenant is to try and negotiate a deal with the landlord outside of the court system. Many communities in the state of Nevada offer low-cost or even free mediation services that can handle your landlord-tenant issues.

Available Legal Defenses for Tenants in Nevada

As a tenant in Nevada you will have a few legal defenses that will be available to you when you are going to get evicted in the state of Nevada.

We are going to go through those legal defenses right now.

Your Landlord is Using “Self-Help” Procedures

When a landlord will evict their tenant in the state of Nevada, the landlord must go through the court. It is illegal in the state of Nevada for the landlord to force a tenant to leave by shutting of their utilities, changing the locks, etc. on the rental unit.

Now, this type of unlawful eviction is commonly called the self-help eviction and under Nevada law is illegal.

Your Landlord Didn’t Use Proper Eviction Methods

Being a landlord in the state of Nevada, you will need to follow procedures to the dot when evicting a tenant. Especially when you are sending your tenant the eviction notices. If the landlord fails to follow the correct procedures, you as the tenant has this legal defense to delay the eviction.

However, this legal defense will not fully stop the eviction, but it can delay the proceedings and process. However, you should also keep in mind that if/when the landlord corrects their mistake, the eviction will pick up where it left off, so this legal defense is merely buying you time to remain in your rental unit.

Your Landlord is Evicting You for Not Paying Your Rent

When it comes to nonpayment, you as a tenant will have a few different legal defenses you can use.

You Paid Your Rent in Full Already

When you get your eviction notice for not paying your rent, you will have just five days to either leave the dwelling or pay your rent. If you pay your rent in full during this time period, the landlord cannot go any further with the eviction process.

However, if the landlord decides to press on with the eviction process, the tenant can use this against as a legal defense against the eviction.

Your Landlord Choose Not to do the Necessary Repairs

As a landlord it is their responsibility to keep the rental unit in a habitable state the entire time there is a tenant living there. Ultimately this means the rental unit cannot violate any health or housing codes and it must also be equipped with the following:

  • Weather protection and waterproofing on the windows and walls
  • Working plumbing
  • Have running cold and hot water
  • A working heating system
  • A working electrical system
  • Sanitary and clean for when the tenant moves in
  • Access to garbage removal services

If the rental unit is lacking in any of the above areas, the tenant is required to notify the landlord through a letter of all necessary repairs. From the date that the landlord receives this notice, the landlord will only have 14 days to make all necessary changes and/or repairs. If the landlord decides not to make these changes or repairs during this time period, the tenant will have two options when it comes to their rent payments:

  • You can withhold your rent payment until your landlord makes the necessary changes and repairs
  • You can arrange to have these repairs done and subtract it from the rent that is owed to your landlord.

If your landlord then tries to evict you for nonpayment, you as the tenant can easily use this as a legal defense as the landlord failed to make the necessary changes or repairs.

Your Landlord Evicts You for Violating Your Lease

If your landlord is trying to evict you for violating your lease or your rental agreement, then the landlord is required to give you the change to fix what you violated, if applicable.

You will get a five-day eviction notice. During the next 5 days, you will have the chance to fix the violation, if applicable.

Your Landlord is Evicting You in Retaliation

First and foremost, your landlord does NOT have the authorization to ever evict you in retaliation for you exercising your legal rights including the following:

  • Joining a tenant’s union
  • Reporting the landlord or government authority about any and all code violations
  • Filing a lawsuit against the landlord about the inhabitable dwelling

If the landlord then tries to evict you due to retaliation, you the tenant can use this evidence as a legal defense against the eviction.

Your Landlord is Trying to Evict You Due to Discriminatory Reasons

What you may not know is that there is a federal Fair Housing Act which will make it illegal for any landlord discriminate against you based on your religion, race, Familia status, national origin, or disability.

Even the Nevada Fair Housing Law makes it illegal for any landlord to discriminate against you on your sexual orientation as well.

If your landlord decides to evict you based on any of the above characteristics, you can use this as your legal defense against the eviction.

Your Guide to Family and Medical Leave Act (FMLA) of 1993

Medical Leave Act (FMLA)First and foremost, you are probably landed here because you want to know what exactly the Family and Medical Leave Act of 1993 is or FMLA for short.

Well, for short, the FMLA is a labor law in the United States that require ALL covered employers to provide their employees with some sort of job-protected along with unpaid leave for qualifying family reasons and medical reasons.

The Family and Medical Leave Act of 1993 was a BIG part of President Bill Clinton’s domestic agenda in his first term. He officially signed this into law back in February of 1993.

The Wage and Hour Division that is under the United States Department of Labor is what administers the Family and Medical Leave Act of 1993.

What Exactly is the Family and Medical Leave Act?

The Family and Medical Leave Act of 1993, is where employees will have the chance to have up to 12 weeks of unpaid leave during a year period in which they can handle these following medical or family reasons:

  • Care for a new child
  • Recovering from a serious illness
  • Be the caregiver of an ill family member

The Family and Medical Leave Act of 1993 will cover private and public sector employees. However, there are a few different categories of employers that the Family and Medical leave Act of 1993 will not cover including highly compensated employees and elected officials.

For you to be eligible for the Family and Medical Leave Act of 1993, you must have worked for your current employer for at least a year. You must have also worked a minimum of 1,250 hours in the past years, and your employer must have a minimum of 50 employees. However, there are a few states that have passed additional laws that will provide more protection when it comes to medical and family leave for their employees.

Scope of Rights in Nevada

As we have previously mentioned above the Family and Medical Leave Act of 1993 will typically only apply to employers who have a minimum of 50 employees in the past 20 weeks out of the last year.

Employees will have to have worked for the employer for at least a year and worked a minimum of 1,250 hours in that last year as well.

You as an employee will be required to give your employer at least a 30-day notice prior to you adopting or giving birth. You as an employee will also be required to give a least 30 days’ notice prior to any serious health conditions, if applicable. All treatments should be scheduled, to not interrupt the employer’s operations.

Along with your 30-day notice, there are a few other requirements that will need to be done when you are seeking the Family and Medical Leave Act of 1993. For instance, if you are first using the Family and Medical Leave Act of 1993, you will need to claim that. Same thing will go for the next time you want to use the Family and Medical Leave Act of 1993.

Your Rights During Your Leave

As we have previously mentioned you as the employee will have up to 12 weeks of unpaid leave for your adoption, the birth of your child, to care for your poor health relative, or to recover from your own poor health.

However, this can leave some gray area, so the purposes for your leave should be one of the following:

  • For the care of a child (birth of the child, adoption of the child, or foster a child)
  • For the care of an ill member of the family
  • For recovering from your own illness
  • For care for an injured service member that is in your family
  • For the care of family when a member is being deployed

When you are taking leave for a child, you should take your leave all together. However, you can work with your employer to take your leave off in different chunks, but that is going to be up to what the employer wants.

However, even though this will be completely unpaid leave, your employer is still required to provide you your benefits during this time as well.

Substitute Leave

Your employer will have the right to substitute your 12 unpaid weeks in exchange for your vacation time, personal time, and even family time. You will need to talk to your employer beforehand on how they will handle this, so you are not blindsided.

Your Right to Return to Your Job

After your unpaid leave is up, you as an employee will have the chance to return to your job, unless you are in the top 10% of the highest earning employee.

However, you are in legal rights to return to job. You will still have your rights before, during and after your unpaid leave will be:

  • Keep the same health insurance benefits
  • Gain the same position upon returning to work
  • Keep your benefits while on your leave

What Family and Medical Leave Act NOT Cover?

Now, that we have talked about what the Family and Medical Leave Act will cover, let’s go into detail of what the Family and Medical Leave Act will NOT cover.

The FMLA does not cover the following:

  • Employees working for an employer who does not have 50 employees
  • Employees who have not worked for their company for a year or worked less than 1,250 hours
  • Employees who need to care for their pets
  • Employees who need time off for acute illnesses

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Indian Health Services (IHS) in Nevada

Indian Health Services IHSThe Indian Health Services or IHS for short is an operation division under the United States Department of Health and Human Services.

The Indian Health Services oversees providing public health services and direct medical services to those individuals who are a part of the federally recognized Alaska Native and Native American Tribes.

The Indian Health Services is the main federal health care provider alongside the health care advocate for all Indian people.

The Indian Health Services is in 36 states and works with nearly 2.2 out of the 3.7 million Alaska Natives and American Indians.

In April of 2017, the Indian Health Services had 59 health centers, 26 hospitals, along with 32 health stations. Nearly thirty-three Indian health projects will use one of these facilities to supplement their own referral and health services. There are even a few tribes that are actively involved alongside the Indian Health Services. Even many of the tribes will operate using their own health systems that are not in correlation with the Indian Health Service.

Indian Health Service Mission & Formation

The relationship between the government and the federally recognized tribes was officially established back in 1787. This relationship can be in the Constitution on Article I, Section 8. The passage says that relationship has substance from the laws, treaties, executive orders, and supreme court decisions.

It really was not until the early 1800s, when the health services were provided to the Alaska Natives and American Indian tribes through the Department of War.  Then the Office of Indian Affairs came on the scene and took over this hefty mission.

This is when the mission changed to the Department of Health, Education, and Welfare’s Public Health Service later in 1955. This was when the birth of Indian Health Service came to be.

These were the top three original priorities of the Indian Health Service:

  • Have a competent health staff
  • Have extensive, yet effective treatment plans for those who are seriously ill
  • Have a full-scale prevention program

Employment

The Indian Health Services employs nearly 300 dentists, 2,650 nurses, 100 physician assistants, 700 pharmacists, alongside a few other health professionals such as the following:

  • Environmental Sanitationists
  • Nutritionists
  • Child Health Specialists
  • Registered Medical-Record Administrators
  • Community Health Representative aide
  • Therapists

This is one of the two federal agencies that is mandated to hire those with Indian preference. This law will require the agency to give those who are Indian preference over those who are non-Indian for employment.

The Indian Health Services attracts a huge number of employees from the United States Public Health Service Commissioned Corps. The United States Public Health Service Commissioned Corps is a non-armed service in the United States.

The Indian Health Service has professional commissioned corps such as their nurses, physicians, dentists, physician assistants, engineers, environmental health officers, engineers, dietitians, and pharmacists.

Many of the jobs in the Indian Health Services are going to be in remote areas. The headquarters for the Indian Health Services is based in Rockville, Maryland.

Benefits & Services in Nevada

The Indian Health Service will provide a few health services in both inpatient and outpatient settings along with the added benefits of dental, pharmacy, immunizations, behavioral health, physical rehabilitation, optometry, and pediatrics.

The extensive version of the list will be located on the Indian Health Service official website. You should contact your local Indian Health Service facility to confirm what services they provide and what services they do not because all services and benefits will vary from location to location.

Eligibility

For you to qualify for these services and benefits from the Indian Health Service, you first and foremost must be a part of the Alaska Native Descent or the American Indian tribe.

You will need to supply evidence that you are indeed a part of the Indian community that is serviced by the Indian Health Service.

If you are unsure if you are a part of one of the federally recognized tribes, you can find out by the Bureau of Indian Affairs.

However, if you are non-Indian, but you have a child with an Indian, or you are married to an Indian, you can also receive these health services and benefits. You can find out the policy in your Indian Health Service Indian Health Manual.

To apply for your benefits through the Indian Health Services, you must enroll in the patient registration office, which you can find in your nearest Indian Health Service facility. You will need to have your proof of membership for your federally recognized tribe that you belong to.

Purchased/Referred Care Vs Direct Care

Direct care is the dental and medical care that Alaska Natives along with the American Indians will get at the Indian Health Services facility. So, if the patient is referred to a non-tribal medical facility, they will have the option where they can request coverage through the Indian Health Service purchased or referred care program.

This is due to limited funds from the United States Congress, which referrals through the purchased or referred program is not always guaranteed coverage. Even the authorization of these visits will solely be determined on a few factors, which include the following:

  • Funding Availability
  • Medical Priority
  • Alaska Native or American Indian Tribal Affiliation

Indian Health Service National Core Formulary

First and foremost, the Indian Health Service National Pharmacy and Therapeutics Committee consists of the clinical professionals and administrative leaders, which include physicians and pharmacists alike, who oversee regulating the Indian Health Service National Core Formulary.

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Nevada Medicaid: Your Complete Guide

You have probably heard of Medicaid and even Medicare. But today, we are going to dive more in depth on what Medicaid is how to apply and what it will entail.

What is Nevada Medicaid?

Medicaid in Nevada or well in the United States for that matter is going to be a state and federal healthcare program that will help low-income or limited income families with their medical costs.

Medicaid will offer benefits that are not always covered by Medicare. Some Medicaid benefits that is not covered under Medicare is personal care services and nursing home care.

You should know that Medicaid is the largest funding when it comes to medical and even health related type of services for people who come from low-income families in the United States.

You should know that both Medicare and Medicaid are two government funded medical insurance types of programs that are operated by the United States Centers for Medicare and Medicaid Services.

Who Can Get Medicaid?

You may be eligible for low-cost or free care through using Medicaid solely based on your family size and income.

Throughout the United States, Medicaid will provide you medical coverage to low-income families, whether they are pregnant women to elders with disabilities.

You may qualify for free or low-cost care through Medicaid based on income and family size.

Medicare Vs Medicaid

Medicare is a social insurance program that the federal government funds unlike Medicaid. Medicare also primarily takes on the elders of the bunch as well. For the most part Medicare will take you on, if you are over the age of 65. But they also will take those under 65, if they have specific disabilities.

With Medicare, they have three parts. The Part A will only cover your hospital bills, while Part B will only cover medical insurance and Part D will only cover your prescription drugs.

Now, on the other hand Medicaid is not just funded at the federal level. Each state is required to provide the program at least half of its funding. There are even some states that have counties also contribute funds for the Medicaid program as well.

Unlike Medicare, where you must be a certain age, Medicaid is typically based on your income.

Also, Medicaid covers much more health care services than Medicare does as well.

It is not uncommon for you to have both Medicare and Medicaid either. Many American’s have both programs to supplement their healthcare costs.

How to Apply for Medicaid in Nevada?

Applying for Medicaid Benefits will be easy to do, if you live in Nevada. Before you apply, you can see if you apply for Medicaid before you waste your time filling out the application.

If it says that you will qualify, then you will need to come here to fill out the application. Make sure you fill out the application as truthy as you can and complete the ENTIRE application. Meaning leave nothing blank to ensure you get your medical benefits as quickly as possible.

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Procedure for Filing a Joint Petition in Nevada

Joint PetitionFirst and foremost, if you and your partner will agree to the terms of your divorce that will be listed below, then this will be a quick and painless way to end your marriage in the state of Nevada.

You need to both agree to on ALL things that will be listed below:

  • Child Support Payments
  • Health Insurance for your children
  • What you are doing with debts
  • What you are doing with properties
  • If you or your spouse will be getting alimony (how much, how long)
  • Will you go back to your maiden name?

If the both of you can come to an agreement with everything that was mentioned above, then you made this divorce ten times easier on you because you can file for divorce together. Most of the time, you will not even have to go to court to finalize your divorce since the judge will sign off on it without needing a hearing.

You are going to need to follow these next few instructions very carefully to ensure that you do everything correct.

Procedure for Filing a Joint Petition: Complete the Papers

The first step of this entire procedure is going to be filling out all the documents needed to get the ball moving.

You will need to fill out all the below documents. If you miss one document, your divorce will be rejected by the court of Nevada.

You will need to follow out:

  • Affidavit of Resident Witness
  • Civil Cover Sheet
  • Confidential Information Sheet
  • Decree of Divorce
  • Joint Petition for Divorce

Civil Cover Sheet

The Civil Cover Sheet is just the basic identifying information about you, your soon to be ex-partner, and any children you may share together.

Confidential Information Sheet

The Confidential Information Sheet is where you will need to place your social security numbers. This will end up helping for child support later down the line, if that becomes an issue.

Affidavit of Resident Witness

If you are looking to get divorced in Nevada, one of you will need to be a Nevada state residence to officially file.

The Affidavit of Resident Witness will be the form that proves that one of you lives in the state of Nevada for at least the 6 weeks leading up to you filing for divorce and that you intend to remain in the state after the divorce is finalized.

If both of you are residents, you will only need to pick one of you to be on this sheet. You will then need to request a family member, friend, or co-worker who you see often to complete the Affidavit of Resident Witness.

Joint Petition for Divorce

Now, this Joint Petition for Divorce form will let the judge know that the both of you have agreed upon your divorce. This form will also include the full agreement to everything in your divorce including your visitation custody, division of debts and property, child support, and alimony. The both of you must go through every section and sign it with a notary present for it to be fully completed.

Decree of Divorce

The Decree of Divorce is just yet another form where you will need to complete together and sign. The judge cannot sign off on the Decree of Divorce until you both went through and signed it first.

Joint Petition for Divorce Nevada: File the Papers

When you are done filling out all the above forms, you will then need to go to your district court, which every county has one to officially file for your divorce.

You should keep in mind that the district court will charge you a fee, which is commonly referred to as a filing fee to file these divorce papers. Also, keep in mind this fee will differ from county to county as well.

In the chance that you are not able to afford this filing fee you can fill out a filing fee waiver form as well to see if you qualify.

Take the Decree to the Judge

After everything is processed at the district court, you will want to make 3 copies of your joint petition. These copies should all have your filing date and case number on the very first page.

You will then want to make 2 copies of just your Decree of Divorce. You will then need to attach a copy of both the Decree of Divorce and your joint petition.

To finalize your divorce, you will need to get the following ready to bring to the judge:

  • Copy of all documents you have filed
  • The original copy of your Decree of Divorce and your Joint Petition
  • Copy of your joint petition and the 2 copies of Decree of Divorce

You will need to talk to your local court to find out where exactly you will be turning these in for the judge to sign.

When you turn them in, the judge will go over your paperwork. If you did everything correctly in these forms, the judge can sign off on your Decree of Divorce. You will more than likely get a call from a staff member of the judge to come down to the court to pick up your Decree, so you can file it yourself, or if you are lucky the staff member of the judge will send you your Decree of Divorce in the mail.

But regardless when you get the final Decree you will be responsible for:

  • Ensuring the Decree is filed at the Clerk’s Office
  • Ensuring both parties have a copy of the Decree of Divorce

What Happens to Property After Divorce in Nevada

Property After DivorceIf you are going through a divorce and you reside in the state of Nevada, do you two have a plan for what you get to keep and what they get to keep when it comes to your property?

Do you have a plan for who will be responsible for these certain debts that you guys obtained while you were legally married to one another?

Perhaps, you two have debts prior to marriage, what is going to happen to those debts as well?

Well, for today, we are going to sit down and discuss what will happen to property after you both are legally divorced from one another.

What is a Property Settlement Agreement After Divorce in Nevada?

First and foremost, you are probably wondering what in the world is a property settlement agreement and if you need one upon your separation from one another.

The property settlement agreement is going to be a document that outlines how you two will be dividing your properties amongst you guys in the event of a separation or a divorce.

This property settlement agreement is bound by law, when it is finalized by a judge. A property settlement agreement is often also called by one of the following names as well:

  • Settlement Agreements
  • Property Agreements
  • Spousal Agreements

Now, you will always need a valid property settlement agreement. A valid property settlement agreement will need to be in writing and will also be required to have both you and your partners signatures.

Each spouse will be required to disclose their personal financial background as honestly as they can when they are listing what assets they have. This way the judge can look at everything and ensure that everything is fair and that the properties are being divided fairly.

If you and your spouse cannot come to a settlement agreement, then the state of Nevada will not encourage you to get a divorce until you can

One thing you should never forget on your property settlement agreement is your validation date. The validation date on the property settlement agreement will be the date of when the assets were valued. The state of Nevada court will have the option to choose from a range of dates for the validation date. These dates can include one of the following:

  • Date of the trial
  • Date of when you two separated
  • Date of when the divorce was finalized

You should always keep in mind that the validation date is going to be one of the most important dates on the agreement just since your value in assets can sometimes change between date to date.

What Happens to Property After a Divorce Settlement is Denied?

First up, you are probably wondering how in the world did you get denied. Well, have no fear there are a few ways that you can have your property agreement settlement denied.

You could have made a mistake. Mistakes happen all the time. A mistake and easily affect the distribution of property unevenly, which will require you to redo the entire agreement.

You could be committing fraud by falsifying information. It is vital that you answer all questions as open and honest as you can. Do not try and pull a fast one over on the courts, they will catch you every time.

When this agreement is done, both of you must have agreed upon this. One spouse will not be permitted to force the other one into signing the agreement, if they do not mutually agree.

If you found that the state of Nevada court invalidated your property settlement agreement, then they will ask you to rewrite the agreement. This new agreement will have to better represent both of your best interests.

Community Property

Did you know that Nevada is also known as the community property state?

If you are unsure what a community property state is that just means that all property and income earned by either side when married is all community property. So, what you earn and what your spouse earns you both have an equal share, even if one spouse makes more than the other. Which then means that it must be split equally between you to in the event of a divorce.

However, this just is not about property and income, this will also go with debts as well. So, all debts that you two obtained during your marriage will also be community debts, which you both will be equally as responsible for even if the other spouse was the one who was making these debts.

Now, if you and your partner do not want to split everything down the middle, you both will need to have a written separation agreement. This written separation agreement will need to be fair for it to be approved.

However, if you and your spouse do not want to split everything down the middle, but you guys are not coming up with anything that you can agree on, you can go with the unequal division, but you will need to convince the court that this is in the best interest of everyone involved for them to approve it.

Separate Property is Excluded

Now, you should also keep in mind that yes, the court will split everything down the middle, but if you have separate property that you have owned prior to getting married, this property is excluded.

This can get in a sticky situation because there will be times that you will obtain a property while married, but it may be given under an inheritance, as a gift, or it was a part of a personal-injury award. If it falls in one of the above situations, then this property will also be excluded as well.

So, just to repeat all property that you have had during your marriage is community property. All property that you have had prior to your marriage is your own property and it is excluded.

But what if you wanted to keep a property to yourself that you acquired while you were married?

If that is the case, you will need to convince the court that either it was given to you and only you, that it was only intended for you, or anything else that would make that property yours over the other parties property.

Let’s stop and talk about real property for a moment. What is real property?

Real property can be any of the following:

  • Family Home
  • Dividends
  • Jewelry
  • Income

Essentially, real proper will be personal property, benefits, and intangible property. The common items are listed above.

Do not forget about the debts and liabilities. These will also either be assigned or divided amongst you two as well.

Fault Will Not be Considered

The starting point for every property settlement agreement will also be equal division. But then the court will look to see what situation both spouses are in. This is where the shift to one party or the shift the other party will begin.

For instance, if one spouse is getting custody of the children and they do not have all the financial resources, because they were a stay at home parent throughout the marriage, then the court may award them more community property over the other party.

You should also keep in mind that the court of Nevada will NEVER give you more community property because your partner had an affair or was ultimately the cause of a failed marriage. The court can ONLY distribute the community property the way they see fit based on several factors, which is more economical rather than morally like you would think.

Alimony Will be Determined Separately

If you are entitled to receive alimony from your divorce, you should know that alimony is not a way to punish your partner. It is not being paid because they are at fault either.

Alimony will be strictly a bridge to help burden the financial gap that you will be going through after your divorce is finalized.

You will also want to keep in mind that the determination of if you will or will not get alimony will not be in the property division process. This is in another process that you will be going through as you are going through your divorce.

Rental Payment Receipt

Just like you receive receipts for everyday purchases, such as groceries and gas, it is just as important, if not more so, that you receive a receipt from your landlord or property management company for payment of your rent. For most individuals, your monthly rent is one your highest expenditures, so being able to document proof of payment is important for many financial reasons. In addition, requesting a rent receipt is not only a wise financial move, it may be one of your tenant rights, depending on the state you live in.

Do’s for Receiving Rental Receipts from Your Landlord

  • Immediately request a copy of your rental receipt once payment is made
  • Keep a copy of each receipt for your records and in a safe place
  • Ensure that all required and necessary information is complete and accurate

Don’ts for Receiving Rental Receipts from Your Landlord

  • Accept rental receipts from unauthorized parties
  • Forget to request additional items that are included in your rental payment be itemized to avoid disputes (e.g. utilities, cable, etc.)
  • Wait to have any errors or inaccuracies corrected

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What is a Post Foreclosure Eviction in Nevada?

Foreclosure Evictions If you just bought a real estate property that was at the foreclosure sale, before you can evict the people who are inhabiting the property, you will need to find out the answer to the following question:

Is the person who is inhabiting the property the former owner or the owner’s tenant?

This question alone is going to be vital. The answer to this question will let you know what process you are required to take. Today, we are going to over both processes.

Post Foreclosure Evictions in Nevada: Owners Tenants FAQ

Today, we are first going to go over the general FAQ for evict the owner’s tenants and not the owner him or herself.

What is the Proper Way of Evicting the Occupants from the Property?

The answer will solely depend on the answer to the question above.

If you originally bought the real estate property during a foreclosure sale and the former owner is the one inhabiting it, you are required by law to give them a three-day notice. If the former owner chooses not to leave after you have him or her the three-day notice, then you can start filing for the “formal” eviction case.

However, when you bought the real estate property during the foreclosure sale and the owner’s tenants are living there (not the owner), the Nevada laws will protect these tenants. Nevada Law NRS 40.255 will require you to notify the tenant that the ownership of the property has changed. This notice will permit the tenants to stay in the property for a minimum of 60 days.

During this time, you as the new owner along with the tenants have the same duties and rights as other landlords and tenants in Nevada. For instance, if the tenant violates the lease in anyway or goes as far as violating the Nevada Law, you as the landlord can evict them just like any other tenants.

Keep in mind that these tenants have the right to leave during the notice period (when you notify them of new ownership) without any penalties or obligation to you.

However, as the new landlord, so to speak, you also have every right to negotiate a new lease, pay them to vacate the unit, if you would like.

Can I Kick the Tenants Out Now?

The answer is going to be no. You are required by the Nevada law to give the tenants of the home a 60-day notice, if you want them out.

However, if the tenant does not have the traditional yearly lease and they pay by the week, you can under law gives them the minimum number of days during that period as well instead of the full 60-days. But this is not common here in Nevada. You will typically have to give them a 60-day notice.

What Must Be in the Notice to Tenant?

Under the Nevada Law, they require you as the new owner to notify the tenant of certain information. This information is the following:

  • The name and address of the person who will be collecting the rent
  • Inform the tenant that the lease of the previous landlord will remain the same until the lease expires.
  • Inform the tenant of failure to pay the rent will result in you starting the eviction process

What is the Proper Way to Serve This Notice?

Under the Nevada Law, you must deliver or serve the notice by a sheriff, constable, an agent whom is licensed in the state of Nevada, or a licensed process server in one of the following ways:

  • Have a witness present
  • If the tenant is not home, leave a copy of the notice with someone of the age of 14 or older
  • If all else fails, place the notice in an obvious place on the property.

This will help you, if later down the line, you need to evict the tenant, as you will be required to file the “proof of service” in the state of Nevada Courts. If you fail to file the proof, you will have to start all over again and serve the tenant a new notice.

However, the “proof of service” will require the following:

  • Signed by the one who served this notice including the date and time served.
  • If it was served by an attorney or agent but have their attorney’s bar number.

What Will Happen if the Tenant Does Not Want to Stay the Sixty Days?

Under the Nevada Law, the tenant will not be required to stay the 60-days. Tenants will have the full right to vacate the premises at any time under the notice period without any obligation or penalty to the new landlord.

You will not be permitted to evict the tenant, if they choose to leave during this period.

What Will Happen if the Tenant Wants to Stay Longer Than Sixty Days?

The tenant and you are free to negotiate a new lease or another arrangement that will permit tenant to stay inhabiting the home longer than the 60-day period, if they want to.

What About the Tenant’s Security Deposit?

When the foreclosed property is sold, the previous owner will either need to return the security deposit back to the tenant or transfer the security deposit to the new landlord. However, this rarely ever happens.

What Happens if the Tenant Doesn’t Sign a New Agreement After the Sixty Days and Doesn’t Leave?

If your tenant doesn’t leave or refuse to sign a new agreement with you as the new landlord, you have the full right to evict them. But you will need to make sure you wait the full sixty days before you can start the eviction process.

Post Foreclosure Evictions in Nevada: Former Owners FAQ

Now, we are going to go over the general FAQ for evict the prior owner, not the owner’s tenant.

Can I immediately Evict the Previous Owner Once the Property is Mine?

If you bought the home at a foreclosure sale, you are now the new owner of the real estate property.

If the previous owner is still on the premises, and does not voluntarily leave, or enter an agreement made by you to stay on the property, you are free to evict them. However, you will have to go through the eviction process.

Is There a Law That Gives Previous Owners More Time to Move After the House Was Bought?

There are Nevada laws that will protect tenants, who were renting the house from the previous owner, but there are no laws that protect the previous owner who is still inhabiting the dwelling.

What Recourse does the Previous Owner Have if I Serve Them with a Three-Day Notice?

The previous owner may leave once you serve them with a three-day notice, but in the event that they do not, you can always try and negotiate with them a lease agreement or agree for them to move out on a certain date that works for the both of you.

If you cannot reach an agreement with the previous owner, you as the owner of the property can serve the previous owner with a Summons and Complaint for Unlawful Detainer. Essentially the complaint would be evicting the previous owner, so you have full possession of the property at hand.

What Recourse Does the Previous Owner Have When I Serve Them the Summons and Complaint for Unlawful Detainer?

The previous owner will have to file their answer in court in response to your notice. The previous owner will have about 20 days to file their answer. However, you can ask the Nevada court to shorten that time to 10 days, if you would like.

Will the Previous Owner Have Anything to Lose for Filing an Answer?

If the court sides with you, then you will be permitted to evict the previous owner. The Nevada court can even decide that it’s the previous owner’s responsibility to pay for your attorneys’ fees and your court costs as well.

Abusive Debt Collection Practices and How to Stop Them

Debt collectors Currently, debt collectors are like your ex-boyfriend/husband. They are always calling you and harassing you. 

Some people dread those 8 am phone calls from the debt collectors. Some people dread those letters about the debts they owe as well. 

It is time to face your fears and deal with the debt collectors. It is time to face the facts, you are and always will be protected under the Fair Debt Collection Practices Act.

Abusive Debt Collection Practices and How to Stop Them

Today, we are going to discuss the many ways that debt collectors will try and make you fearful into paying your debts even if that means making you further into debt. 

Many debt collectors will use these practices to instill fear in you to do what they want. For instance, a debt collector cannot legally call you at work, if your boss does permit you to take personal calls. Debt collectors cannot legally sue you or threaten to take your home if you are behind on paying your debt either. 

Do you have any legal recourse? 

Of course, you do! That is why we have the Fair Debt Collection Practices Act. The Fair Debt Collection Practices Act was put in place back in 1977. This is to eliminate all abuse by the debt collectors. This act will protect you against unwanted calls, threats, and even harassment. 

These debt collectors are hired and will be paid on commission to collect the past-due balance amounts. Debt collectors will also have the chance to purchase your debts outright as well. When they do that, they will have the opportunity to then collect the full amount of money that you currently are indebted to. 

What Exactly is the Fair Debt Collection Practices Act?

I know we have mentioned it a little bit above, but let’s really dive in. As we have previously mentioned the Fair Debt Collection Practices Act was put in place in 1977. This act will protect you from the following: 

  • Protects against unwanted phone calls, threats, abusive language, arrest, harm, and harassment. 
  • Allows you to get proof that you do in fact owe that debt. 
  • Protects you against them disclosing to non-authorized people that you owe this debt.
  • Only permits debt collectors to call between the hours of 8 am to 9 pm. 
  • Allows you, the consumer to sue the debt collectors for violating the law (when applicable). 

How to Properly Handle a Debt Collector in Nevada

Now that we have went over what the Far Debt Collection Practices Act is and that you are protected, here is how you can properly handle a debt collector step by step. 

Your First Contact

When a debt collector first contacts you, they are required to inform you that they are debtors. They must also inform you of your rights if you choose to dispute the debt. 

This right here is commonly labeled as the “mini-Miranda” disclosure information. The debtor will be required to tell you the following pieces of information before going any further with the phone call: 

  • Name of the Creditor
  • Amount Owed
  • If you do not dispute the validity of the debt within 30 days, the debt will then officially be considered valid
  • You can ask for verification of the questionable debt

Under the Fair Debt Collection Practices Act, the above information will be required to be given to you over the phone or sent in writing within 5 days of the debt collector making the very first phone call. 

Disputing Your Debts

When a debt collector contacts you, you have full authority to request written verification of proof of this debt. However, the catch is, you cannot verbally ask for it over the phone. You, the consumer is required to request for verification through writing. You must request for verification within 30 days of the first phone call from a debt collector. 

When requesting for verification, all letters and phone calls from the debt collector will stop until they can verify your debt. 

The debt collectors will be required to provide you verification of your debt when you ask for it in writing. 

Stopping the Calls

If you find that the debt collectors are calling you excessively this goes against the Fair Debt Collection Practices Act. 

The debt collectors cannot jeopardize your job or even harass your neighbors and friends. If this is the case, you will need to send a cease and desist letter. You can request that the debt collectors only communicate with you about your debt in writing or just cut off all communication together. 

Abuse & Harassment

Debt collectors cannot legally use any language that threatens criminal action or violence that will put harm to you, your property, or even your reputation. This is illegal under the Fair Debt Collections Practices Act. 

Debt Collectors cannot use offensive language, profane language, or obscene language either. 

Debt collectors cannot call you excessively, hang up, call you and not say a word when you pick up, and they definitely cannot call you privately (number hidden) with the intention to harass, annoy, or abuse you, your family, your employer, or neighbors. 

If the calls are filed under harassment, you can ask that they desist. 

Misrepresentation

There are many people that have stated that debt collectors showed up at their homes. These debt collectors would flash a badge quickly and claim they were police officers ready to arrest them. This is against the Fair Debt Collection Practices Act. 

Debt Collectors are not permitted to use these misleading tactics or be deceptive when they are trying to collect their debts. 

Do NOT Post-date Your Checks

Many people will tell you that when paying debt collectors one thing they will do is make you pay with a post-dated check. 

People who have fell for this tactic will tell you that you should avoid paying ANY debt collectors with a post-dated check no matter how hard they try and pressure you. 

There are many issues that can come from you paying with a post-dated check that includes the debtors cashing the check prior to the date that is on the check. This will result in the check bouncing and causing you even more grief with your bank. 

Confidentiality

It is sad that the fact that you must protect your private information. The Fair Debt Collection Practices Act states that it is illegal for ANY debt collector to disclose any information to anyone other than the person who is authorized.

All letters being sent to you from these debt collectors must not identify as such either. Debt collectors cannot send you postcards either. 

Penalties

Ah, so, if you feel like you are a victim of deceptive or unfair debt collection practices that go against the Fair Debt Collection Practices Act, you can file a civil suit against the debtors. However, you only have a year from the violations to do so. 

If you win the case, you can be awarded your damages for actual losses due to violations, along with any of your attorneys’ fees and court costs up to $1,000. 

If you file by yourself, you can earn up to $500,000 or 1-percent of the net worth of the debtor in question. Typically, you will be awarded from whichever is lower. 

Keeping Records 

People will tell you that keeping copies of all correspondence that you send and receive from your debt collectors is a vital part of dealing with. Some people even highly advise you to keep a journal of each day and time you answer a call from the debt collectors, especially if you are dealing with more than one debtor

Repairs and Fixes (Habitability Problems)

Common Problems

Mold

Plumbing

Bed Bugs, Roaches, etc.

No heat

No air-conditioning

No running water or hot water

No power or gas

Broken door lock to the outside

Casualty (major fire, flooding or roof collapse)

The fire or other casualty must substantially impair the dwelling. If you are not forced out of the dwelling immediately after the event occurred, the dwelling is probably not substantially impaired.

You can immediately vacate the premises and notify the landlord within 7 days of vacating that you terminated the lease on the day of the casualty. Moreover, you have the right to demand the return all prepaid rent from the date of move out.

Essential services (No heat, air-conditioning, running water, hot water, electricity, gas, or functioning door lock to the outside)

Under, NRS 118A.380, you must provide the landlord with a written request the repairs to be made within 48 hours, excluding holidays before you can take the following legal actions. Always keep a copy of the signed and dated letter. See Sample Essential Services Letter.

  1. Obtain the essential services on your own and deduct the cost from next month’s rent
  2. Sue the landlord for actual damages including the reduction in the value of the dwelling. See Smalls Claims Court
  3. Withhold any rent that becomes due. Note: You cannot withhold past due rent.
  4. Obtain comparable substitute housing during the time that your essential service is not working For example, if your rent is $600 a month, you should find housing at around $20 per night ($600 divided by 30 days). If the substitute housing costs reasonable more than the current rent, client can recover the difference in cost from her landlord.

If a government inspector notified you and landlord of the lack of essential services, you do not need to wait 48 hours to file suit for damages or withhold rent.

Habitability (all other problems like plumbing, mold, bed bugs, roaches, etc.)

Under NRS 118A.355, you must provide 14 days written notice to the landlord before you can take any legal action. In the written notice, you must tell the landlord that if the repairs are not completed within 14 days, you will take any of the following legal actions. You should date, sign the letter and keep a copy of the signed letter. However, if the landlord starts making a reasonable attempt to make the repairs, you may not take these legal actions, and you will have to send another letter giving the landlord another 14 days. See Sample Habitability Letter.

  1. Terminate your lease
  2. Sue to recover actual damages. See Smalls Claims Court
  3. Repair or fix the problem on your own (like hiring a contractor) and deduct from your next month’s rent. You may only deduct up to one-month's worth of rent in repairing or fixing the problem.
  4. Withhold rent. You cannot withhold for past owed rent. You will have to deposit your rent with the justice court’s escrow account.

If a government inspector notified you and landlord of the habitability problem, you do not need to wait 14 days to file suit for damages or withhold rent.

Reasonable Accommodation for Disability

Fair Housing Accommodation Requests for Disability

Common reasonable accommodation requests include moving from an upstairs to a downstairs unit, relocating to a unit closer to an exit, and fixing an elevator. If you suffer from a disability, you may write a letter to your letter requesting a reasonable accommodation directly related to your disability. The federal Fair Housing Amendments Act of 1988 (FHAA) puts a duty upon landlords to “make reasonable accommodations in rules, policies, practices, or services” to provide equal access to housingtoa person with a disability. NRS 118.100 mirrors the federal anti-discrimination requirements. Landlords must grant the reasonable accommodation request even if the request results in a financial costto the landlord. However, landlords are not required to grant the request if the financial cost will cause an “undue financial or administrative burden” on the landlord. Whether there is an undue burden is determined on a case-by-case basis.

Service Animal

Even if the landlord has a “no pets” policy, you can still keep your service or emotional support animal. You should first submit a written request to the landlord. In this letter, you should ask the landlord to accommodate your disability by allowing you to keep your service or emotional support animal. Keep of a copy of this letter. You should include with your letter any medical documentation to support why you need the service animal and any certification for your animal.

Proof that an animal is a service animal is not required under the Fair Housing Act. The landlord is not allowed to ask for proof of your disability under the Fair Housing Act. However, the landlord can ask for proof that your needed service animal accommodation be related to your disability. A prescription from your doctor should be enough for an emotional support animal.

The landlord must allow you to keep your animal unless the request is unreasonable. An unreasonable request usually involves an animal that causes undue damage to the premises, makes too much noise, or attacks other tenants or their pets. You must also clean up after your service or emotional support animal.

If the landlord denies your request, ask the landlord to put this denial in writing. If you disagree with the denial, you can then file a Fair Housing complaint with the local U.S. Housing and Urban Development (HUD) office.

A service or emotional support animal is not a pet and should not be subject to any extra pet deposit as this would discriminate against tenants with disabilities and violate the Fair Housing Act.

Personal Property Left Behind After Eviction

Under NRS 118A.460, the landlord muststore and keep your property for 30 days after you leave.If youdo not retrieve the property within 30 days, the landlord can dispose of the property. The landlord must provide 14 days notice before disposing of the property. At a minimum, however, the landlord must wait until the 30th day after you left before legally disposing of property.

You can file a motion to contest property lienwithin 20 days of requesting the return of the property if yourlandlord refuses to allow you to retrieve the property.

The landlord may charge actual and reasonable storage, inventory, and moving feebefore allowing you to pick up your personal property, but the landlord cannot charge back rent or any other fees.

You can file a motion to contest property lien within 20 days of requesting the return of the propertyif you dispute the landlord’s charges as unreasonable or unlawful.

If your personal property was stolen or destroyed, you can sue the landlord in Small Claims Court for the value of the lost personal property.

Paternity

Before a father can request custody, visitation or child support, he must be determined under the law to be the father of the child, which is also called establishing “paternity.”

When Paternity Already Established

Paternity is already established (meaning that the father does not need to do anything extra to establish paternity) if:

  • The father and the child’s mother are legally married or were married to each other when the child was born or conceived
  • The father’s name is listed on the birth certificate
  • A court order names the individual as the child’s father
  • The individual has legally adopted the child

Establishing Paternity

If paternity has not been established yet, an individual can establish it by filing a Complaint to Establish Paternity, Custody, Visitation, and Child Support. A Complaint to Establish Custody can be filed by the mother, the presumed father, or an interested third party such as the District Attorney. An individual can also include a request to establish paternity as a part of another child related proceeding such as guardianship, child support, or custody

Evidence that can be used to establish paternity includes:

  • The man and the child’s mother lived together for at least 6 months prior to the child’s conception and continued to live together through the period of possible conception
  • Before the child’s birth, the man and the child’s mother attempted to marry each other even if the marriage was invalid provided the child was born during or within 285 days of the marriage
  • The child was received into the man’s home and the man openly holds the child out as his own
  • Results of DNA testing prove the man is the father
  • The father voluntarily acknowledging paternity by both parties signing a notarized Affidavit of Paternity

Legal Process for Custody, Visitation and Child Support

Residency Requirement
Service
Answering Complaint
If Defendant Answers
Mediation
Trial
Motion to Relocate
Motion to Modify Custody
Motion to Modify Child Support
Judgments from Other States
Enforcing the Order
Emergency Order to Pick Up Child

Residency Requirement

The person filing, called the plaintiff, must have lived in Nevada for at least six weeks and the child(ren) must have lived in Nevada for at least the past 6 months.

If the parties are unmarried, the plaintiff must file a Complaint to Establish Custody, Visitation, and Child Support. If the parties are married, the plaintiff must file a Divorce action to address custody.

Service

The person filing the custody case will need to have the other party, called the defendant, “served” with a copy of the Complaint, Financial Disclosure and Summons within 120 days of filing the Complaint.

Service refers to having copies of the documents delivered to the defendant. The plaintiff may not serve the defendant him/herself but can have a friend, family member, or process server complete service.

Personal service is required if the defendant lives in Nevada.

If the parties are unmarried and paternity has been established, you MUST file the personal income schedule and business income/expense schedule parts of the Financial Disclosure Form no later than 45 days the summons and complaint are served.

Answering Complaint

The defendant must also file and serve the form with his or her response or answer. Once the defendant is served, he/she will have 20 calendar days (including weekends and holidays) to file an Answer. There may be filing fees for filing an Answer, which vary by county.

If the defendant does not file an Answer, after 20 days a default can be obtained from the clerk’s office. A default means that your Petition will be automatically granted.

Keep in mind that although you must give the defendant the full 20 days to file the Answer, he/she can still file an Answer even after the 20 days if you fail to file a Default. It is advised that you obtain a Default as soon as the defendant’s 20 days has passed.

Once the plaintiff obtains a Default from the clerk’s office, he/she can submit a setting slip to get a hearing and have the case completed by the judge.

If Defendant Answers

If the defendant files an Answer within 20 days, a case management conference will be set within 90 days and the case will progress.

If the defendant disagrees with the Complaint and files a Counterclaim with his/her answer, the plaintiff should file a Reply within 20 days.

After the case conference, the parties will be asked to file a document called a Joint Case Conference and will be referred to mediation to try to work out an agreement on their own.

The Joint Case Conference Report is a road map of the case and includes:

  • Dates papers were filed, the nature of case, what each party wants, witnesses, documents the parties will share, a case timeline, issues the parties on, resolved issues, whether the case is ready for trial, and a statement that the parties discussed settlement
  • If the parties cannot agree on the contents of the Case Conference Report, each must file an individual Case Conference Report
  • Both Joint and Individual Case Conference Report fill in forms can be obtained at the self-help center

A Scheduling Order from the court will set deadlines once the Case Conference Report is filed

Mediation

The parties should attend mediation ready to try to settle the case but if the matter is not settled in mediation, pretrial hearings are held on any motions filed by the parties.

Please note that in mediation no judge will be present and the mediation is guided by the parties. Mediation gives the parties the opportunity to work through the case on their own. Once the case progresses to trial it will be a judge making a decision for the parties, not the parties themselves. Coming to a settlement in mediation allows parties the choice to make the decision themselves.

Trial

Prior to trial, each party should complete a pre-trial memorandum, which can be obtained at the self-help center, and file it with the clerk’s office. A copy of the pre-trial memorandum should also be given to the other party.

Following the trial, the “winning” party will fill out a proposed order and drop it in the mailbox for the judicial department the case is assigned to. The mailboxes are on the third floor and you can determine which department your case has been assigned to by looking for “Department” and a letter on the front of your Complaint near the case number.

After the order is signed, the winning party will need to file the order with the clerk’s office and mail a copy to the opposing party with a filed Notice of Entry of Order

After service, a certificate of mailing must be filed.

Motion to Relocate

When a custody order has been granted by a court in Nevada, unless the order says otherwise, a parent may not move out of state with the child unless:

  • The parent gets permission (in writing) from the other parent to make the moved OR
  • The parent files a motion with the court that granted custody and the court issues an order allowing the move.
  • It is NOT necessary to file a motion to request a move within the State of Nevada even if relocating to another part of the state.

In considering a parent’s request to move out of state, a court will consider:

  • Whether the move is motivated by good faith and whether there is a good personal or business reason to move or whether the move is to interfere with contact between the child and the other parent.
  • The extent to which the move is likely to improve the quality of the life of the child and the parent.
    • When requesting a move, be sure to highlight in detail how you and/or the child will benefit from the move.
    • Examples of ways a parent and child can benefit from a move include better job opportunities for the parent, being closer to other family members, better education opportunities for the child, etc.
  • Whether the custodial parent will comply with a new visitation arrangement.
  • Whether the non-custodial parent’s motives are honorable in fighting the move.
  • Whether, if the move is allowed, there is a realistic opportunity for a visitation schedule that will adequately preserve the relationship between the child and the non-moving parent

To file such a request, obtain a Notice of Motion and a Motion to Relocate from the self-help center and file the documents with the court. In the motion, the moving party will need to set forth a detailed argument in favor of the move.

  • The other party will need to be served but can be served by certified mail or through personal service.
  • The opposing party can oppose the motion by completing and filing an Opposition with the court within 10 days of being served. The opposing party will also need to attend the hearing the court will schedule on the motion.
  • Filing fees may apply.

Motion to Modify Custody

Once a custody order has been issued by a court in Nevada, that order may be modified by filing a Motion to Modify Custody.

  • The moving party should obtain a Notice of Motion and a Motion to Modify from the self-help center, then complete and file the forms with the clerk’s office.
  • The other party will need to be served but the moving party can serve in person or by certified mail.

The moving party will need to show that there has been a “material change of circumstances” and that the child’s welfare would be substantially enhanced by the change

  • As in an initial custody case, the court will consider what is in the best interests of the child.
  • Material changes of circumstances may include substance abuse by one parent, child abuse by one parent, one parent’s inability to care for the child, one parent’s continued refusal to adhere to a current custody order, etc.

If the non-moving party does not agree with the proposed change in custody, he/she will need to file an Opposition within 10 days of being served with the Motion to Modify. The opposition form can be obtained from the self-help center.

Filing fees may apply to both the motion and the opposition.

Motion to Modify Child Support

Child support may be ordered as part of a divorce, a guardianship, a paternity case, or a custody case, or it may be through a separate child support case.

Once a child support order has been issued, the court that issued the order maintains the power to modify that order.

  • Example: If a child support order is issued in Los Angeles, California, to modify that order, a party will need to make the request to the court in Los Angeles. Unless that court agrees to move the case to another court, they will continue to have jurisdiction over the case.

For an order issued in Nevada, child support can be modified only when:

  • Three years have elapsed since the last child support order OR
  • There has been a “material change of circumstances,” specifically a change of at least 20% in monthly income

When someone who has been ordered to pay child support suffers a loss in employment or change in income (where income has changed by at least 20%,) that person should IMMEDIATELY file a Motion to Modify.

If the Motion is granted, the court can modify support back to the date the motion was filed.

  • Inability to pay the ordered support amount will NOT relieve you of support obligation and failure to pay ordered support for any reason may result in penalties and interest tacked on to accruing child support.
  • Failure to pay child support can ALSO result in loss of driver’s license, loss of professional license, garnishment of wages, jail time, fines, or more.
  • Child support arrears are usually NOT dischargeable in a bankruptcy.
  • Child support arrears do NOT disappear when the child turns 18. They remain until the arrears are paid.

For orders issued in Nevada, to change an order for child support, either party must obtain a Motion to Modify from the self-help center and file that motion.

The non-moving party must be served in person or by certified mail and has 10 days after service to file an Opposition.

Judgments from Other States

Judgments entered in other states are entitled to full faith and credit in Nevada.

To file an order from another state so it can be enforced in Nevada, obtain a Domestication of Foreign Judgment from the self-help center, complete it, and file it with the court.

Domesticating a judgment will ensure that the order is recognized in Nevada but will not automatically give Nevada jurisdiction to make changes to it. For that, a separate request will need to be filed after the order is domesticated.

Enforcing the Order

In most family law cases, when one party is not following the court issued order, the other party may file a Motion for an Order to Show Cause to get the case before the judge so that the judge can make sure the order is enforced in the future.

In child support cases that were initiated by the District Attorney’s Office, violations to the support order should be reported to the DA’s Office.

When filing a for an Order to Show Cause on a child support order, if granted, the court will determine support arrearages.

Accompanying the Motion, the Plaintiff may file a Schedule of Arrearages detailing the amount of any support payments due, the amount received and when any payments were received,

To file, obtain a Notice of Motion and Motion for Order to Show Cause from the self-help center, complete the forms, and file them with the clerk’s office.

Defendant may be served through personal service or certified mail.

The defendant will be required to appear before the court and explain whether he/she violated the order and if so, the reason for the violation.

Emergency Order to Pick Up Child

When one party is not adhering to an existing custody order, a Pick Up Order may be requested to assist the moving party in obtaining the child.

A Motion for a Pick Up Order is only appropriate when:

  • There is an existing Nevada custody order or an order from another state that has been domesticated in Nevada
  • The other party is not complying with the custody order by refusing to return the minor children pursuant to that order. This may include removing the children from the state without permission or hiding the children within the state
  • There is an emergency justifying issuance of a pick-up order

To file, obtain a Motion for a Pick Up Order from the self-help center, complete and file the paperwork and leave a copy of it in the mailbox on the third floor for the department to which your custody case was assigned.

If a party has filed a case in Family Court but has an emergency and feels he/she cannot wait for the assigned hearing date, he/she may file an Ex Parte Motion for Order Shortening Time (called an OST.)

If the OST is granted, the moving party will have to serve the other party with notice of the new hearing date immediately.

Identity Theft – FTC Informational Brochure

FTCs informational handout regarding identity theft and what can you do if you experience it. Also contains links to an interactive identity theft tutorial from the FTC.

Your Guide to Homestead Your Home in Nevada

Homestad Your HomeAre you finally looking into homesteading your home? But the definition of homestead and how you can go about this is a little bit confusing?

If so, you are not the only one. First and foremost, the homestead laws here in Nevada will allow you, the homeowner to state there is a limited portion of your property as a “homestead”. By doing this it will spare that portion from creditors in case you ever decide to file for bankruptcy, or you find yourself in other financial hardships.

Homesteading your home was first intended to protect those families from completely losing their farms. But as the time progressed homestead laws can now be placed on residential cooperatives, homes, and even condos.

You should keep in mind that the state of Nevada’s homestead laws has an automatic exemption that can protect your equity in your home only up to $550,000.

What is Protected Under the Nevada Homestead Law?

Okay, first things first, when you go to record your Declaration of Homestead, this is when the Nevada Law will start protecting your equity in your home. Your equity in your home that will be protected will be up to $550,000. This will be protected from creditors such as the following:

  • Charge Card Debts
  • Unpaid Medical Bills
  • Accidents
  • Bankruptcy
  • Business/Personal Loans

However, it will not exclude a force sale or seizure of your property, if your equity is more than $550,000.

You should know that a creditor can file a lawsuit and judgements against you for any property you own. But you Declaration of Homestead will ONLY protect your principal residence up to the $550,000.

But the homestead laws here in Nevada will NEVER protect you against any debts you have from your deed of trust, mortgage, or taxes, alimony payments, child support, or mechanic’s lien.

Purpose of Homestead Your Home Law & Nevada Homestead Exemption

When you go through bankruptcy you will typically have to sell ALL your assets to pay back your debts. So, the main purpose of having this homestead law is to help prevent you from being homeless in the off chance you must file for bankruptcy.

When is the Best Time to File for a Homestead Declaration?

No one can ever predict when a sudden incapacity or a sudden death will happen. So, as a rule it is vital that you file a Declaration of the Homestead form soon after finalizing the purchase of your home.

As previously mentioned, this will protect your home up to $550,000 in your home equity.

How File for Homestead in Nevada

Now that we have discussed what homesteading your home is and how it can help, you have probably decided this is the best course of action for you.

Now, you are thinking what’s next? How do I get started? Here’s step by step guide on how you can file for homestead in the state of Nevada.

Step 1

First things first, you need to print out the Declaration of Homestead form. You can find this form that you need on the Nevada Real Estate Division.

Step 2

You will need to obtain the copy of your homesteads recorded deed. This deed will have information that you will need in order to fully complete the Declaration of the Homestead form.

If in the event you do not have the recorded deed, you will need to contact the county office to get a copy immediately. You will not be permitted to go farther until you have this vital information.

Step 3

Now, that you have all the required information handy, you can fully complete the Declaration of the Homestead form. You will be required to include the parcel number and even the legal description of your homestead. This information will be located on that copy of the recorded deed.

You will also be required to include your marital status, your name, and your address.

When you get to the “Name on Title Property” part of the Declaration of the Homestead form, you will need to put your name and the name of anyone else that owns the property exactly like they are on the copy of your recorded deed.

You must finally claim that you are the current resident of the homestead as well.

Step 4

Once the entire form is filled out with the required information. It will be time to bring the Declaration of the Homestead to a notary.

You will be required to sign the Declaration of the Homestead in front of the notary. The notary will then sign it, stamp it and date it.

Step 5

After you leave the notaries office, you can file the Declaration of the homestead in your local county office.

However, prior to going you should contact the office to find out what their processing fees are as well as if you should mail it or hand it in at the office directly. Each county does things a little bit different.

Wait, I think I have over $550,000 in Equity of my Home. Now What?

If you’ve filed and you suspect that your equity in your home is over $550,000 and you just received a judgement against you, have no fear. It’s not time to worry about it just yet.

The judge in the case will send out three appraisers. These appraisers will come out to value your property and how much equity you have in it. The appraiser will then decide if the property could be divided in a way to protect you and your home while you pay off the judgement creditors.

If there is not anyway, they can divide the homestead to protect it, and ultimately the property will need to be sold. You will then get $550,000 from the sale, which no one could touch to pay off your judgement.

 

HOMESTEAD EXEMPTION IN NEVADA                       FEBRUARY 2016
PREPARED BY PAUL T. MOURITSEN 
UPDATED BY JERED M. MCDONALD
RESEARCH DIVISION
LEGISLATIVE COUNSEL BUREAU

The Nevada Constitution, which was adopted in 1864, provides for the exemption of homesteads
from forced sale (Article 4, Section 30). The current version of the State law is found in
Chapter 115 (“Homesteads”) of Nevada Revised Statutes (NRS).

ELIGIBILITY

To be eligible for the homestead exemption, State law requires a person to declare a homestead and
to record that declaration with the county recorder of the county in which the property is located.
Under the provisions of NRS 247.305 and NRS 247.306, the fee for recording this single-page
declaration is $14. However, Assembly Bill 192 (Chapter 128, Statutes of Nevada) of the
2011 Legislative Session (subsection 4 of NRS 247.305) authorizes county commissions to
impose an additional $3 fee to provide legal services for abused and neglected children. At this
time, only Clark, Pershing, and Washoe Counties have imposed the new fee. If a second page is
required for the legal description of the property, a $1 fee will be charged for the additional page.

FILING THE FORM

Forms may be obtained free of charge from the Recorder’s Association of Nevada website at
http://www.nevadarecorders.org, which provides a locator map for the State’s county recorders.
The declaration of homestead form also may be obtained at the principal or any branch office of the
Real Estate Division of the Department of Business and Industry or on the Division’s website
(http://red.nv.gov/uploadedFiles/rednvgov/Content/Forms/654.pdf). The form asks for the names of
the people residing on the premises and a legal description of the property, which may be found in
the papers received upon purchasing the dwelling. The required signatures must be witnessed
and notarized.

HOMESTEAD PROTECTIONS—STATE AND FEDERAL LAWS

The protection afforded by the homestead exemption does not apply to a mortgage used to purchase
or improve the property, prior liens, or legal taxes imposed on the property. If a person accumulates
other debts or defaults on a loan, or if a judgment is entered against the person in a suit, the
exemption protects the homeowner. The exemption covers up to $550,000 equity in the property.
Furthermore, the federal bankruptcy law (11 United States Code 522) acknowledges that a state law
providing for a homestead exemption, such as Nevada’s, will be honored in most proceedings.
However, one should be aware of changes to the law made by the 109th Congress in S. 256
(the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005). Under certain
circumstances, the federal $125,000 exemption limit may override state law.

Homeowners Associations and Foreclosure

The HOA Foreclosure Process

If a homeowner defaults in paying the monthly assessments, an HOA can foreclose. A common misconception is that the association cannot foreclose if you are current with your mortgage payments. However, the association’s right to foreclose has nothing to do with whether you are current on your mortgage payments.

In Nevada, the HOA may hold a foreclose sale after sending the homeowner a notice of delinquent assessment lien, recording a notice of default and election to sell, and providing notice of the foreclosure sale to the owner.

NOTICE OF DELINQUENT ASSESSMENTS:

Before starting the foreclosure, the HOA must mail a notice of delinquent assessment to the homeowner, which states:

· The amount of the assessments and other sums that are due

· A description of the unit against which the lien is imposed, and

· The name of the record owner of the unit

NOTICE OF DEFAULT:

Not less than 30 days after mailing the notice of delinquent assessment, the association may then record a notice of default and election to sell (NOD) with the county recorder. (The NOD must contain the same information as the notice of delinquent assessment lien, along with a warning that if you do not pay the delinquent amount you could lose your home.) The HOA must also mail a copy of the NOD to the homeowner.

FORECLOSURE SALE:

If the owner does not pay the amount of the lien, including costs, fees, and expenses within 90 days following the recording of the NOD, the home can be sold at a foreclosure sale. The HOA must provide notice of the date and time of the sale to the owner.

What can I do if I fall behind in my HOA dues?

If you are behind on your HOA dues, there are several options for you to get caught up before the HOA initiates a foreclosure.

PAY OFF THE DELIQUENCY OUTRIGHT: The quickest way to get caught up and prevent the HOA from pursuing a foreclosure is to pay all of the past-due amounts in one lump sum, including any late fees or other fees.

NEGOTIATION ON A REDUCED PAYOFF OF THE DELIQUENCY: If you cannot come up with enough cash to cure the missed HOA dues all at once, you may be able to convince the HOA to accept a reduced amount to satisfy the debt. However, most HOAs simply will not accept a reduced payoff.

ENTER INTO A PAYMENT PLAN: Your HOA may will consider allowing you to enter into a repayment plan to get caught up on your HOA dues. The typical length of repayment is 6 months to 2 years.

FILE FOR BANKRUPTCY:

If you are behind in HOA dues and are thinking about filing for bankruptcy, there are some special considerations you should keep in mind. You can temporarily stop an HOA from foreclosing by filing a Chapter 7 bankruptcy. You can halt a foreclosure by filing for bankruptcy due to the automatic stay, which immediately goes into effect when you file. The stay functions as an injunction prohibiting the HOA from foreclosing on your home during the bankruptcy process. However, this will likely only provide a temporary reprieve because the HOA can seek permission from the bankruptcy court to continue with the foreclosure.

Chapter 7 bankruptcy

If you file for Chapter 7 bankruptcy, you may be able to discharge (eliminate) your personal liability of any HOA dues that you owe. Unfortunately, the HOA lien remains against the property and the bank can still foreclose. This is beneficial if you intend to surrender your home, but if you plan on staying in the home, you’ll have to pay the dues to avoid a foreclosure.

Chapter 13 bankruptcy

In a Chapter 13 bankruptcy, HOA dues that accrued before you file are treated as secured claims. This means that if there is equity in your property at the time you file your bankruptcy, your Chapter 13 plan must provide for payment to the HOA. If your house is underwater (where you owe more on the mortgage than the house is worth), then the HOA lien can be stripped, but you’ll still have to pay future dues if you plan to continue living in the home.

ALTERNATIVE DISPUTE RESOLUTION (ADR):

The ADR process is required under NRS 38.300 to 38.360, before parties may file a civil action in court. The ADR process is available to all unit owners even if they have no intention of filing civil action in court. Beginning October 1, 2013 parties with a dispute about the governing documents of their common interest community must either participate in the Division’s referee program or mediation prior to going to court. The referee program is voluntary and both parties must agree to participate.

If the referee program is not selected by both parties, the dispute will be mediated. If the dispute is not resolved by mediation, parties that initially participated in mediation may agree to have the issue arbitrated. Arbitration may be binding or non-binding.

How does mediation work?

A mediator is a neutral third party who helps you and your lender try to reach a voluntary negotiated agreement. The lender may not foreclose until mediation has been completed. Mediation is fast (less than four hours), inexpensive ($500, shared equally by the parties), and more flexible than more formal processes. The goal of the program is to make foreclosure a remedy of last resort.

To elect mediation, you must complete the Election/Waiver of Mediation Form and mail the original, by certified mail, to the OMBUDSMAN’s Office along with your $250 payment. You must also mail, by certified mail, a copy of the election form to the HOA.

Three parties will be present at the mediation: You, a representative for the HOA, and the mediator. Both you and the HOA must negotiate in good faith.

What is the Ombudsman Informal Conference Program?

An ombudsman is a person who helps resolve complaints, acting as a trusted intermediary between an organization and the public. The Ombudsman for Owners in Common-Interest Communities and Condominium Hotels assists homeowners’ association owners, residents and board members in understanding their rights and responsibilities under the law.

If both parties agree to meet, a conference will be held in an attempt to resolve the issues between the parties. The primary goal of the conference is to try to address the issues and find a resolution. Ombudsman conferences are not hearings. They are voluntary, informal meetings that both sides agree to attend in order to discuss the disputes and find mutually agreeable resolutions.

Guardianship of Child

Guardianship over a Child

Guardianship Petitions Without a Court Hearing (Ex Parte Petition)

Ex Parte Petitioner Process

Guardianship Petition with Court Hearing

Guardianship over a Child

These are usually granted either when the parent(s) are unable to care for the ward or, in the case of estates, when the ward inherits or receives assets.

Guardianships are not permanent and can always be terminated.

  • Guardianships over minors always terminate automatically when the ward turns 18, even if guardianship is still necessary.
  • If a guardian wishes to continue a guardianship after the ward reaches 18, the guardian must file for an adult guardianship, which can be started shortly before the ward turns 18.

Guardianship orders will replace existing custody orders.

  • While the guardianship is in place, the guardian “steps into the shoes” of the parent and has custody, regardless of whether there was a custody order between the parents.
  • While the guardianship is in place, the guardianship order is the controlling order, not any prior custody order.
  • Once a guardianship is terminated, prior custody orders are automatically back in effect and all custody and/or visitation orders should be followed.

Guardianship Petitions Without a Court Hearing (Ex Parte Petition)

To file ex parte, the petitioner must have written consent from both parents.

The petitioner may also proceed with only one parent’s consent if:

  • The father is truly unknown, meaning that paternity has never been established in a custody, support or other case, and no father is listed on the ward’s birth certificate (you must file the birth certificate to show this) OR
  • If the consenting parent has sole legal and physical custody of the ward (you must file the custody order, even if order is from Nevada) OR
  • The non-consenting parent’s parental rights have been terminated (you must filed the order terminating that parent’s rights) OR
  • The non-consenting parent is deceased (you must file a death certificate) OR
  • The ward was adopted by a single person (the adoption decree must be filed).

If both parents are deceased, guardianship can NOT be granted ex parte and a hearing must be held.

Consents must be in writing, notarized, and less than 6 months old at the time the case is filed.

If the minor ward is 14 years or older, the petitioner must file a consent from the ward.

If there is an open child welfare case before the juvenile court, the guardianship court will NOT grant guardianship without prior consent from the judge in the juvenile court.

Ex Parte Petitioner Process

Complete a Petition for Appointment of Guardianship. You can either have the parent(s) listed as co-petitioners OR simply attach the parent(s) consents to the petition.

See above for the examples of when an ex parte petition can contain only one parent’s consent.

The court will review ex parte petitions more carefully and all necessary information must be provided.

Petition should provide:

  • Address, birthday, name of proposed guardian and ward;
  • Relationship between the ward and proposed guardian;
  • How long the ward has been with the guardian;
  • Detailed explanation for why the guardianship is needed;
  • State where the ward lives;
  • Whether the ward is subject of a custody order and if so, from what state and when was the order issued;
  • Whether CPS is currently involved with the ward (sometimes referred to as a “432B” investigation);
    • If there is an open child welfare case before the juvenile court, the guardianship court will NOT grant guardianship without prior consent from the judge in the juvenile court.
    • The petitioner will need to get juvenile court minutes to show that the court approves of the guardianship.
  • Names and addresses of all second degree relatives which are:
    • Parents
    • Grandparents
    • Siblings (includes half-siblings but NOT step-siblings)
    • If a sibling is a minor, that child’s guardian must receive notice and be listed on the petition.
  • If the ward has assets, a detailed description of the assets.
  • Petitioner MUST state whether he/she has ever been convicted of a felony, been disbarred/suspended from a field involving management of money, or been convicted or plead guilty/no contest to abuse or neglect (even if the answer is no).
  • If the ward is 14 years or older, the petition must also include a consent signed by the ward.

File the completed forms at your local court including the Petition, the parents’ consents, a Family Court Cover Sheet, and an Inventory Appraisal and Record of Value (only if seeking guardianship involves an estate).

  • Filing fees vary by county but in some counties there is no filing fee for guardianships unless the proposed ward has an estate of $20,000 or more.
  • When your guardianship involves an estate, if you are low income you can still apply for a fee waiver by completing and submitting a fee waiver packet, which can be obtained through your court’s self-help center.
  • File a copy of the guardian’s identification and identification of the ward. Ward’s identification can be a school ID, a birth certificate, or a copy of the ward’s social security card.
  • Separate consents from the parents do not need to be filed if the parents sign the Petition as co-petitioners.
  • All consents must be notarized and less than 6 months old.

After filing the forms, submit the forms and a completed Order Appointing Guardian to the judge assigned to your case. NOTE: if filing in Clark County, the forms should be submitted to the Guardianship Department instead of the judge’s department.

  • Once the guardianship order has been signed, it will have to be filed and the new guardians will have to appear at the clerk’s office to be sworn in.
  • At the time of swearing-in, guardians will need to bring completed Letters of Guardianship.

The new guardian will need to mail a copy of the Order and a Notice of Entry of Order to all the second degree relatives (listed above).

  • If guardianship involves an estate and a blocked account is required, the guardian must take the stamped Letters of Guardianship to the bank or credit union of the guardian’s choice to establish the blocked account.
  • The guardian MUST file proof of the blocked account, which you can get from the bank when the time the account is opened.
  • Do NOT forget to get a blocked account! Failure to do so can result in the court terminating/ending the guardianship!

Guardians MUST file a yearly Report of Guardian for all guardianships. When there is a guardianship of the estate, the guardian must also file an Annual Accounting unless the court grants “summary administration.”

Guardianship Petition with Court Hearing

Does not require consent from either parent but the petitioner must make sure that the parents receive notice of the petition.

Complete the Petition for Appointment of Guardian, providing the same information required for an ex parte petition.

File the documents with your court along with copies of the proposed guardian and ward’s identification, and a Citation to Appear, where the Clerk will fill-in the court date. In most counties there is no filing fee for filing a guardianship unless the proposed ward has an estate of $20,000 or more.

Serve all second degree relatives with a copy of the Petition and Citation to Appear. Relatives that must be served include:

  • Parents MUST be served even if not involved with the child unless:
    • Deceased (file the death certificate.)
    • Parental rights have been terminated (file the order terminating rights.)
    • One parent has sole legal and physical custody or the ward was adopted by a single party (file the order or adoption decree.)
    • Father is truly unknown, no paternity established, and no father is on the birth certificate (file birth certificate)
  • Grandparents
  • Adult siblings or the guardian of minor siblings (includes half-siblings.)
  • If there are no surviving relatives to serve, the Public Guardian’s Office must be served.

Service can be completed by:

  • Personal service at least 10 days before the hearing. Must file an Affidavit of Service from the third party serving.
  • Certified mail sent at least 20 days before the hearing. Must file a copy of the certified mailing receipts and the return green card or it can be brought to the hearing.
  • Service by publication but it must be approved by the court. If notice will be done by publication you should plan ahead! The hearing should be set at least two months in advance because it takes awhile to complete the publication.
    • To request to serve a relative by publication, the petitioner must first try to send the documents to the relative at that person’s last known address via certified mail then the petitioner must file and submit to the judge the following:
    • An Affidavit for Service by Publication stating the last known address, the date certified mailing was sent to the last known address, and the date the person was last known to reside there;
    • An Affidavit of Due Diligence describing at least two things you did to try to locate the relative such as going to the DMV to check records or contacting power or water companies for records; then obtain
      • A signed Order for Service by Publication.
  • Publication must run for three consecutive weeks prior to the hearing and the final ad must run at least 10 days before the hearing.
  • Multiple relatives can be noticed through a single publication but a separate Affidavit of Due Diligence will need to be submitted for each person.
  • Once the Order for Service by Publication is signed by the judge, the order must be filed at the Clerk’s Office and taken (along with the Citation to Appear) to the newspaper to run the publication. You must pick a newspaper in the city where the relative was last known to live.

At the Hearing

  • The ward MUST appear in court UNLESS the ward is 14 years or older and has signed a consent.
  • If service to relatives was done by certified mail, petitioners will need to bring copies of certified mailing green cards.
  • Petitioner will need to bring a completed Order Appointing Guardian for the Judge to sign and completed Letters of Guardianship for the Clerk to administer along with the guardian's oath.
  • If the parents appear at the hearing to contest the guardianship or if another party objects or files their own petition for guardianship, a trial may be scheduled.
  • If the case progresses to a trial, the petitioner will need to show that it is in the best interest of the ward for the petitioner to be appointed guardian.
  • Nevada follows “the parental preference doctrine,” which means that courts prefer not to interfere with a parent’s right to raise their child.
  • However, the court will expect the parents to have a stable residence, stable income or resources to provide for the ward, no drug or alcohol abuse, and no current criminal involvement.
  • If the parent fights the guardianship and the court finds at trial that the guardianship is needed, the parent will have to prove that either his or her circumstances have materially changed AND that terminating guardianship would substantially enhance the child's life.
  • This does NOT apply if the parent consents to the guardianship.
  • If the guardianship is granted, the Order must be filed at the Clerk’s Office, the guardians are sworn in, and the Letters of Guardianship will be stamped.

Guardianship of Adult

Need for Guardianship

Guardianship may be needed if someone cannot take care of him or herself and/or his or her property. Unfortunately, due to lack of foresight or lack of advice, many individuals fail to make any provision as to how they or their property should be managed in the event they should lose their mental capacity. Thus the need for guardianship.

Please note that the test is whether the person has the capacity to make responsible decisions, not whether the person’s decisions are in fact responsible. Everyone, including older persons, have the right to behave foolishly or make irrational decisions without fear that he or she will be declared incapacitated and fall under the control of a guardian. Furthermore, just because an individual is old, frail, and chronically ill does not in itself mean that the individual is incapacitated and in need of a guardian.

There are three types of guardianship: (1) Guardianship of the Person, (2) Guardianship of the Estate, (3) Guardianship of the Person and the Estate. A Guardian of the Person only has authority to make personal and medical decisions. A Guardian of the Estate has the authority to make financial decisions only. In a Guardianship of the Person and the Estate the guardian has authority over both financial and personal/medical decisions. The courts will remove only those rights that the proposed person under guardianship is incapable of handling.

Finding a Guardian

In the state of Nevada, every county has an appointed public guardian. The public guardian is available when no family members or friends are able, willing or appropriate to serve on behalf of the alleged incapacitated person.

For information about your local public guardian, contact the Nevada Aging and Disability Services Division at (775) 687-4210.

Guardianship Process

Complete a Petition for Appointment of Guardianship. Petition should provide:

  • Address, birthday, name of proposed guardian and ward;
  • Relationship between the ward and proposed guardian;
  • How long the ward has been with the guardian;
  • Detailed explanation for why the guardianship is needed;
  • State ward lives in;
  • Whether the ward has a revocable/living trust, durable power of attorney or nomination of guardian;
  • Names and addresses of all second degree relatives which are:
    • Parents
    • Grandparents
    • Siblings (includes half-siblings but NOT step-siblings). Note that when a sibling is a minor, the minor’s guardian must receive notice and be listed on the petition.
  • If the ward has an estate, a detailed description of the assets.
  • Petitioner MUST state whether he/she has ever been convicted of a felony, been disbarred/suspended from a field involving management of money, or been convicted or plead guilty/no contest to abuse or neglect (even if the answer is no).

File the completed documents along with copies of the ward’s and the petitioners’ identifications with your local court.

  • In many counties, there is no filing fee for filing a guardianship unless the proposed ward has an estate of $20,000 or more.
  • If the ward’s estate is worth more than $20,000 but you cannot afford the filing fee, you can apply for a fee waiver by obtaining a fee waiver packet from your self-help center and submitting it.

You MUST file a physician’s certificate describing why the ward needs a guardian.

  • The certificate must describe the ward’s limitations and how those limitations affect the ward’s ability to care for his or herself.
  • The certificate must be completed by a professional who is or has treated the ward.

Serve all second degree relatives with a copy of the Petition and Citation to Appear. Relatives that must be served include:

  • Spouse
  • Parents
  • Grandparents
  • Siblings or the guardian of minor siblings (includes half-siblings)
  • If there are no surviving relatives to serve, the Public Guardian’s Office must be served.

Service can be completed by:

  • Personal service at least 10 days before the hearing. Must file an Affidavit of Service from the third party serving.
  • Certified mail sent at least 20 days before the hearing. Must file a copy of the certified mailing receipts and the return green card or it can be brought to the hearing.
  • Relatives can be serviced by publication but only if it is approved by the court. If you will need to serve by publication plan ahead! The hearing should be set at least two months in advance because it takes a while to complete the publication.

To serve a relative by publication, the petitioner must mail the petition and citation to the relative’s last known address via certified mail, then submit to the judge:

  • An Affidavit for Service by Publication stating the last known address, the date certified mailing sent to the last known address, and the date the party was last known to reside there.
  • An Affidavit of Due Diligence describing at least two different things that you did to try to locate the person such as going to the DMV to check records or contact the power or water companies to see if they have a record.
  • And then submit and obtain:
    • A signed Order for Service by Publication.

Afterwards, the publication must run for three consecutive weeks prior to the hearing and the final ad must run at least 10 days before the hearing. Multiple people can be noticed through a single publication but a separate Affidavit of Due Diligence will need to be submitted for each person. Once the Order for Service by Publication is signed by the judge, the order must be filed at the Clerk’s Office and taken (along with the Citation to Appear and Show Cause) to the newspaper of your choice. Select a newspaper in the city where the relative was last known to live.

Both the petitioner and the ward must appear at the hearing. The ward must appear in court unless you can provide a certificate from the ward’s doctor stating why the ward cannot be present. The court will ask the ward if he or she consents to the guardianship or if he or she wants someone to represent him or her in the guardianship proceedings.

In order to grant the guardianship, the court must find that the ward is “incompetent,” or unable to care for him/herself, and that the petitioner is a right person to be guardian. Petitioner will need a completed Order Appointing Guardian and completed Letters of Guardianship.

If the ward or any family members contest the guardianship, a trial may be scheduled.

If the guardianship is granted, the Order must be filed at the Clerk’s Office, the guardians will be sworn in, and the Letters of Guardianship will be stamped.

Foreclosure Prevention

To buy a home most people borrow money from a bank or another lender. In exchange for the loan, the lender holds a lien against the property. If the borrower misses payments, then the loan goes into default and the lender can sell the property to pay off the loan. This process is called mortgage foreclosure.

Does my lender have to go to court to initiate a foreclosure against me and my property?

No. The majority of foreclosures in Nevada are trust deed foreclosures. A trust deed foreclosure is non-judicial, meaning your bank, lender, or mortgage servicer does not need to go to court to foreclose and sell your home. If you have missed a mortgage payment, the lender or servicer begins the foreclosure process by mailing and recording a Notice of Default or Breach and Election to Sell. This is notice to you that the legal foreclosure process has begun and you will have about 4 months to cure the arrearage or work something out with your lender to save your home from a foreclosure sale.

How do I know if my lender has begun foreclosure proceedings against me?

A Notice of Default will be recorded against your property and sent via registered or certified mail with a return receipt to the homeowner and each guarantor or surety to the mortgage. The Notice of Default must describe the deficiency and include (1) contact information for a person with the authority to negotiate a loan modification, (2) contact information of at least one HUD approved housing counseling agency the homeowner can contact for assistance, and (3) contact information for the Foreclosure Mediation Program. The Notice of Default must also be posted on the property within 3 days of recording. This rule applies to all single family residences or small complexes that have 4 or less units (one of which the homeowner must live in).

How soon can my lender record the Notice of Default and Election to Sell?

Your lender must wait at least 30 days after you miss your first mortgage payment before it must send you a letter telling the homeowner of the lender's right to foreclose and offering a list of foreclosure alternatives. If the homeowner does not resolve the delinquency within the next 90 days, the bank can record a Notice of Default. Additionally, under new guidance from the Consumer Financial Protection Bureau, the Notice of Default can be recorded no earlier than 120 days after the homeowner defaults.

What is mediation?

Mediation is an opportunity for homeowners and lenders to meet and discuss alternatives to foreclosure. Mediation is mandatory for your lender if you complete the Enrollment in Mediation form and submit a non-refundable $200 fee to the State of Nevada Foreclosure Mediation Program. Your lender is required to mail you the Enrollment in Mediation form when the Notice of Default is mailed to you. You and your lender will sit down with a mediator to discuss ways to avoid or lessen the hardship of foreclosure. The mediation requires good faith on the part of both you and your lender. This means you cannot request mediation to simply delay the foreclosure sale.

How do I know if I am eligible to participate in mediation and how do I request it?

Mediation applies to residential properties located in Nevada that are owner-occupied and the primary residence of the owners. Your lender will include the mediation request forms with your Notice of Default. You will also receive two pre-addressed envelopes to send a copy of the mediation request and financial forms to both the Foreclosure Mediation Program and the foreclosure trustee (the agency that recorded the Notice of Default). You must elect mediation within 30 days by sending notice to the mediator and your lender otherwise you will have been deemed to have waived (given up) mediation. You must also send $200 to the Foreclosure Program Administrator if you wish to request mediation.

Am I the only one that pays for the mediation, or does the lender have to contribute?

No. Your lender must also pay for mediation. The total cost of mediation is $400 and goes to the mediator. This cost is shared 50/50 between the homeowner and the lender. This is why you only send $200 to the Foreclosure Program Administrator.

What additional documents or information do I need for mediation?

After submitting the mediation forms and $200, the mediator will contact both parties to schedule a document exchange. Both the homeowner and the lender are required to exchange various documents throughout the mediation process. The additional documents can be found on the Nevada Supreme Court's website. Most of the information the homeowner will submit to the lender will include documentation the lender requires to evaluate a homeowner for a loan modification. Generally, homeowners will be evaluated for eligibility under the Making Home Affordable program (HAMP) as a starting point. For further information regarding the Making Home Affordable program, please click here.

In order to have the best possible chance to work something out at mediation, you should have (1) a steady income or the prospects of a steady income in the near future; or (2) you are willing to give up your home (short sale) and want more time and/or money to move (cash for keys). Good faith also requires your lender to accept a reasonable offer.

How long before a mediator is assigned to my case?

The Foreclosure Mediation Program will assign a mediator 10 days after receiving the Election form from both the homeowner and the foreclosure trustee. The mediation must then take place within 45 days of the mediator’s assignment. The mediation process should not take longer than 135 days, from the day the Mediation Program receives both your Election of Mediation form and the form from the foreclosure trustee.

What forms and documents is the lender required to provide at mediation?

The foreclosure trustee, lender, servicer, or other representative (whoever shows up for the bank at the mediation) must also submit certain documents. The representative must submit an appraisal no more than 60 days old, an estimate of short sale value, a non-binding proposal to resolve the foreclosure, and the original or a certified copy of the Deed of Trust, each assignment of the Deed of Trust, the Note, and each endorsement of the Note. If the original documents are lost or destroyed, the mediator can accept a court order to enforce a lost, destroyed, or stolen instrument. These documents must be submitted to the mediator and exchanged between parties at least 10 days before the mediation.

What happens if the lender does not bring the required documents to mediation?

If the bank or its representative does not turn over an original or certified copy of the Note, Deed of Trust, each assignment of the Deed of Trust, and each endorsement of the Note, the penalty is sanctions, which can include unilateral modification of the loan. At the very least, the mediator will not certify mediation as complete so the Foreclosure Mediation Program will not issue the certificate that allows the bank to proceed with the foreclosure. The parties must then file a petition in court to proceed with the foreclosure or seek sanctions. The petition seeking judicial review of the mediation must be filed within 30 days after you receive the Mediator's Statement from the mediation. If the lender does not bring all required documents to mediation and does not file a petition for judicial review, it must rescind its Notice of Default and restart the process by recording a new Notice of Default. Typically, restarting the process can take the bank 6 months to a year. Once a new Notice of Default is recorded, the homeowner has the opportunity to enroll in mediation once again.
What if I don’t want to participate in mediation?

If you do not wish to request mediation and instead elect to waive mediation, the foreclosure trustee (company proceeding with the forced sale of your home) can apply for a certificate that no mediation is required from the Foreclosure Medication Program Administrator by filling out and submitting their Trustee’s Affidavit. Once the certificate that no mediation is required is received from the Foreclosure Mediation Program, the foreclosure trustee must record the certificate and send it to the homeowner. If the homeowner does not respond to the notice advising of the right to request mediation within the 30 days to do so, the foreclosure trustee can seek the certificate that no mediation is required to proceed with the foreclosure sale.

Once the certificate that no mediation is required is recorded and sent to the homeowner, the foreclosure trustee can continue with the foreclosure pursuant to NRS 107.080. This means that the trustee can issue the Notice of Sale 3 months after recording the Notice of Default.

What happens if I am not satisfied with the outcome of mediation?

If either party is not satisfied with the outcome, a Petition for Judicial Review can be filed. This must be done within 30 days of the receipt of the mediator’s statement. These petitions must be filed with the District Court in the county where the notice of default was recorded.

Are there any additional benefits if I am an active duty service member?

The Service Members Civil Relief Act of 2003 (formerly the Soldiers’ and Sailors’ Civil Relief Act of 1940) provides additional benefits to service members on active duty.

A court order is required before a home is sold at a foreclosure sale while a service member is on activity duty or within 90 days after the end of active duty. This law applies even in non-judicial foreclosure states like Nevada. Therefore, a lender cannot foreclosure on a home through the trust deed foreclosure process. Instead, the foreclosing party must file a foreclosure action in court.

If the home is sold at a foreclosure sale without a court order, the sale may be rendered invalid and could subject the lender to criminal prosecution.

The court can also stay foreclosure proceedings while the service member is on activity duty. The military service must materially affect the service member’s ability to pay, though, in order to obtain the stay of the foreclosure proceedings. A foreclosure obtained by default during active duty or within 60 days after the end of active duty may be reopened or set aside by the court.

Active duty service members can also request a reduction in the interest rate on any debt incurred prior to active duty. The interest rate must be reduced to 6% while the service member is on active duty. The service member must request the interest rate reduction from the lender and provide proof of the return to active duty in order to qualify. If the ability to pay on the debt, though, is not materially affected by the military service, a court can decide to raise the interest rate above 6%.

When can the bank sell my home?

The Notice of Sale may be issued to the homeowner 3 months after the Notice of Default is recorded and the Foreclosure Mediation Program has issued the certificate that mediation is complete. The Foreclosure Mediation Program certificate must be recorded and should be done before the date the Notice of Sale is recorded. Prior to issuing the Notice of Sale, the foreclosure trustee must issue the homeowner a danger notice. The danger notice must be sent to the homeowner at least 60 days before the sale and notify the homeowner of a legal services organization or a HUD approved housing counseling agency the homeowner might contact for assistance, among other potentially helpful contact information.

The foreclosure trustee must record the Notice of Sale and give notice of the time and place of the sale by (1) personally serving or mailing the notice by registered or certified mail to the homeowner and all others entitled to notice (which includes any surety on the mortgage or the subordinate lien holder); (2) posting the notice in a public place where the property is located for 20 successive days; (3) publishing a copy of the notice 3 times (once a week for 3 weeks); AND (4) posting a notice on the property at least 15 days before the sale date. This generally means that the sale date cannot be sooner than 3 weeks after the recording of the Notice of Sale.

The homeowner still has up to 5 days before the actual date of sale to cure the default and reinstate the mortgage. If nothing is done to stop the foreclosure prior to the sale, the home can be sold at auction on the date and time listed on the Notice of Sale.

What happens at a foreclosure sale?

At the foreclosure sale, the lender (or some one else) purchases the property (gaining title). Afterward the lender or other new owner may serve you with a 3 day notice to quit. If you remain after 3 days, the lender may serve you with a summons and complaint asking a court to evict you. This court action is called an unlawful detainer action. The new purchaser may not enter your home or change the locks until after serving a summons and complaint for unlawful detainer and completing the lawsuit. For more information about evictions during or after a foreclosure, please see our Foreclosure Evictions page for more information.

NOTE: The information contained on these pages is for general background information only. If you have a legal question, it is best to consult with an attorney.

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What is a Deficiency Judgement in Nevada?

Deficiency Judgement in NevadaIn the state of Nevada, if you undergo a foreclosure and it does not sell for as much as the remaining balance of your mortgage, then the bank, or what is commonly referred to as the foreclosing party can come after you for the difference.

However, you should know that there are limits when it comes to a deficiency judgement, and even in certain situations, the foreclosing party cannot get a deficiency judgment whatsoever.

Today, we are going to dive deeper into what states allow deficiency judgments, when the foreclosing party can get one in Nevada, and what are the limitations here in the state of Nevada.

What’s a Deficiency Judgments After Foreclosure?

When your home gets foreclosed one, typically the debt that you owe will always exceed what the foreclosure sale price is. So, the difference between the total debt and the sale price is known as the deficiency.

Prime example is let’s say you owe $200,000, but the foreclosure sale price is at $150,000. The deficiency here is going to be $50,000.

However, in some states, including Nevada, the foreclosing party also known as the bank can decide to take out a personal judgement against you, the debtor to recover the deficiency.

If the bank is successful, they can collect this money from garnishing your wages or even going as far as levying your bank account.

Nevada Deficiency Judgments

Majority of the foreclosures that will happen in Nevada will be nonjudicial. This typically will mean that the bank or the foreclosing party is not required to go through the courts to finalize the foreclosure.

However, in the event of a judicial foreclosure, the bank will be required to go through the court system.

What is the Limitation When it Comes to the Deficiency Judgements?

In the state of Nevada, the bank can get a deficiency judgement during 6 months after the foreclosure is finalized, but the amount of the deficiency has a limit and needs to be lesser of the following:

  • Difference from the fair market value of the house and the total debt owed
  • Difference between the foreclosure sale price and the total debt owed

There will be a court hearing that will determine the fair market value of the home. Before the court will award the deficiency judgement, they will be required to have a hearing to obtain the evidence from the borrower (you) and the foreclosing party (bank) that is about the fair market value of the home as of the date it was sold.

The foreclosing party is required to give you the borrower at least 15 days’ notice of this hearing. The court will then appoint an appraiser to go out to the home in question to appraise the property.

You should also notate that there will be some deficiency judgements that will not be permitted. When a deficiency judgement is not permitted it has all the following:

  • The foreclosing party is a financial institution
  • The loan was a purchase-money loan and it was never refinanced
  • The property was a single-family home
  • The property is the borrower’s principal residence once they obtained the loan
  • The borrowers have continuously occupied the property as their principal residence, and the loan was obtained on or after October 1, 2009. (Nev. Rev. Stat. § 40.455).

Can the Banks of HELOCS, Junior Liens, and Second Mortgages Also Come After You?

Typically speaking when your senior lien holder forecloses on you, any of the junior liens will also be foreclosed as well. These junior liens will end up losing its security interest in the real estate property.

So, if the junior lienholder has been managed in such a way, that lienholder has every right to come and sue you on the grounds of the promissory note.

So, in short, if the equity in your home will not cover your second or third mortgage, you can potentially be facing lawsuits directly from those banks to collect the remaining balance from those loans.

Court Hearing To Establish Fair Market Value

Before awarding a deficiency judgment, the court will hold a hearing to receive evidence from the lender and the borrowers concerning the fair market value of the property as of the date of foreclosure sale. The lender must give the borrower notice of the hearing 15 days prior to the hearing. The court will appoint an appraiser to appraise the property if the lender or borrowers make a request at least 10 days before the hearing date (Nev. Rev. Stat. § 40.457).

The One Action Rule

In some cases, the bank can ignore the lien of the debt on the property and sue in the Court on the mortgage note that the homeowner signed. This is an action on the debt and not a property foreclosure. These actions are never available where the creditor would be barred on any deficiency had the creditor simply foreclosed and even where there is a potential deficiency, these actions may still be barred unless they meet certain criterion. The purposes behind the One Action Rule and the deficiency-judgment statutes are to protect homeowners and prevent the banks from suing the homeowner and receiving a judgment and then foreclosing on the home, in effect double recovery.

The one action rule limits the creditors to a single action for debts related to a single property, that is to say, they cannot initiate both a foreclosure on the property and an action on the note and where there is the chance under the loans to do both, the creditor is directed to first realize against the security, compelling the creditor to first offset the debt with the property.

Where the creditor holds both the first and second title position loans and both were for purchase of the property, it prohibits the creditor from foreclosing on the first loan against the property and waiving the security and suing for the second loan on the promissory note—essentially prohibiting the creditor from taking two actions.

Bankruptcy And Deficiency Judgments

Filing for bankruptcy to obtain relief from a deficiency judgment is possible. Under a Chapter 7 bankruptcy, all personal liability on the mortgage note is extinguished so that the bank cannot pursue you for any deficiency that may arise from a foreclosure sale.

How Deficiency Judgments Are Collected?

A deficiency lawsuit is like a lawsuit to recover an unsecured debt, like credit card debt or medical bills. Before the foreclosure, your mortgage was a secured debt you owed your bank a certain amount of money and your home guaranteed repayment.

If you failed to pay back your mortgage loan, the bank had the right to sell your home to recoup the debt. After foreclosure, you may still owe your bank some money (the deficiency), but the security (your house) is gone. The deficiency is now an unsecured debt.

If your lender sues you to recover the deficiency and wins, the court will issue a judgment ordering you to pay off the deficiency. If you ignore this court order, your lender can use the deficiency judgment to place liens on other property that you own, garnish your wages, or freeze your bank accounts. Please see our Debt Collection page for more information on how to protect your exempt property from collection.

What If You Can Not Pay The Deficiency ?

If you cannot afford to pay the deficiency and you want to avoid having your wages garnished or your accounts frozen, talk to your lender. See if they are willing to work out a repayment plan with you. Also, you may want to consider filing for bankruptcy. If you qualify for Chapter 7 bankruptcy, it could wipe out the deficiency debt, along with your other unsecured debts. Under a Chapter 13 bankruptcy, you may have to repay just a small portion of the deficiency.

How To Avoid Liability For A Deficiency?

If you are behind on your mortgage payments and you do not wish to keep your home, you should contact your mortgage servicer to find out if you are eligible for foreclosure alternatives, such as a short sale or deed-in-lieu of foreclosure.

Through a short sale, your lender approves the sale of your home for less than you owe on your mortgage. The difference between the sale price and the total debt amount is the deficiency. You must ask for a deficiency waiver as part of the short sale.

Through a deed-in-lieu of foreclosure, you sign your home over to your lender, and in exchange your lender foregoes foreclosure and releases you from your mortgage. The deficiency amount under a deed-in-lieu of foreclosure is the difference between the fair market value of the property and the total debt.

Whether you pursue a short sale or deed-in-lieu of foreclosure, you should ask your lender to agree in writing to release you from liability for any remaining debt. Please be aware, though, that there may be income tax consequences for cancelled debt. Please see our Tax Liabilitiy of Forgiven Mortgage Debt page for more information.

Where Can I Find the Deficiency Judgements in the Nevada State Law?

The statutes you will want to get to know in the Nevada State Law will be §§ 107.080 to 107.100 along with §§ 40.455 to 40.463.

When is it Time to Talk to an Attorney?

If you are a homeowner in the state of Nevada and you are currently about to go through a foreclosure and you need to learn more about how everything works, and whether or not you have any defenses against the foreclosure, you should highly consider to talk to an expert foreclosure attorney. If your budget cannot stretch for an attorney, you can also try and contact a HUD-approved housing counselor as well.

Debt Collection Brochure

Alimony or Spousal Support

Alimony and Spousal SupportFirst and foremost, alimony is financial support that one spouse will be required to pay either during or after their divorce. In some situations, a spouse may be required to pay before and after the divorce is finalized.

The alimony will help the one spouse maintain an affordable standard of life after their divorce is finalized.

In the state of Nevada, the court will have to consider a few factors when it comes to alimony such as is the spouse financial unstable or is the spouse unemployable.

It is very common that the ex-wife will receive alimony, but either spouse is in their legal rights to ask for alimony and the judge will have to factor in the one spouses living needs and the other spouses ability to pay and still live a reasonable standard of life.

Alimony can either be paid in one lump sum or small scheduled payments for a certain amount of time.

Spousal Support Vs Alimony: What’s Differs Them?

To be honest, the terms are very interchangeable.

But you are still probably confused at what is the difference between spousal support vs alimony, but let’s be honest there is no difference.

Many Hollywood celebrities will use spousal support vs alimony. While the average working person will say alimony rather than spousal support.

Alimony or Spousal Support Eligibility in Nevada

During your divorce proceedings, you are more than welcome to request spousal support or alimony.

You should know that alimony is typically only given when there is a big difference between the two parties’ incomes. This typically will happen when one of the parties gave up their career for the sake of their marriage.  The state of Nevada court will take into consideration the following factors when granting alimony:

  • Duration of the marriage
  • Receiving spouse’s capability to support themselves
  • Receiving spouse’s education while they were married
  • Receiving spouse’s chances of gaining employment
  • Did the receiving spouse give up his or her career to be home with the children?
  • Did the receiving spouse get the property award?
  • The dispensing of income between the two parties along with the future earnings between the parties.

What Types of Alimony are There?

The Nevada state court can award spousal support or alimony several ways. Here are the more common ways.

Rehabilitative Alimony

Rehabilitative alimony is where one spouse will be required to give alimony for a short amount of time, so the other spouse can get job skills or education.

Lump Sum Alimony

Lump sum alimony is where the spouse will settle for a large lump sum of money rather than make monthly payments for a certain amount of time.

Periodic Alimony

Periodic alimony is the opposite of lump sum alimony. Periodic alimony is where the spouse will make monthly payments for a certain amount of time instead of giving a large lump sum once.

Permanent Alimony

Just as the name infers permanent alimony will never stop. The only time permanent alimony will stop is when either party dies or until the party that is receiving alimony remarries. However, permanent alimony is not as common as you would think.

Modifying Alimony or Spousal Support

Both parties can modify the alimony award even after it is made. However, both parties will only be allowed to modify future payments. Past payments will never be permitted to be modified.

Also, an alimony award can be terminated or decreased if either party’s financial situation changes during the duration that the alimony is awarded. For instance, if the paying party cannot afford it anymore, the alimony could either be decreased or terminated.

Clinics and Seminars in Northern Nevada

Reno Legal Clinics
Carson City Legal Clinics
Elko Legal Clinics
Fallon Legal Clinics
Gardnerville Legal Clinics
Winnemucca Legal Clinics

Reno Education Seminars

Reno Legal Clinics:

Self Help Forms Completion Clinic: Every 1st Wednesday of each month (excluding holidays), 2:00 – 4:00 pm held at 204 Marsh Avenue, on the 3rd Floor

Self Help Forms Completion Clinic: Every 2nd Wednesday of each month (excluding holidays), 4:00 – 6:00 pm held at the Second Judicial District Court, 75 Court Street, Room 116

Self Help Forms Completion Clinic: Last Saturday of each month (excluding holidays), 9:30 – 11:30 am held at the Second Judicial District Court, 75 Court Street, Room 116

Carson City Legal Clinics:

Self Help Forms Completion Clinic: 2nd Thursday of each month (excluding holidays), 1:30 – 3:30 pm held at the Nevada Supreme Court Law Library, 201 S. Carson Street

Self Help Forms Completion Clinic: 4th Thursday of each month (excluding holidays), 1:30 – 3:30 pm held at the Business Resource Innovation Center, 108 E. Proctor Street

Elko Legal Clinics:

Self Help Forms Completion Clinic: Last Wednesday of each month (excluding holidays), 2:30 -4:00 pm held at 285 10th Street

Fallon Legal Clinics:

Self Help Forms Completion Clinics: July 22nd, August 23rd, and November 25th (excluding holidays), 12:00 – 3:00 pm held at 155 North Taylor Street

Gardnerville Legal Clinics:

Self Help Forms Completion Clinics: TO BE ANNOUNCED

Winnemucca Legal Clinics:

Self Help Forms Completion Clinics: August 8th 11:00am-1:00pm, October 24th 12:00-4:00 pm and December 12th 11:00am – 1:00 pm held at The Hombolt County Court Comissioners Office, 25 West 5th Street, Room 201

Reno Education Seminars:

YOU MUST REGISTER FOR EDUCATION CLASSES (775) 284-3491 x214

Sealing Criminal Records Class: 2nd Thursday of every other month (excluding holidays), 3:00 pm – 5:00 pm held at 204 Marsh Avenue, on the 3rd Floor

Bankruptcy Education Class: 3rd Thursday of each month (excluding holidays), 1:15 pm – 3:00 pm held at 204 Marsh Avenue, on the 3rd Floor

PLEASE CALL TO PRE-REGISTER AND INQUIRE (775) 334-3050 x310

Wills & Estate Planning Education Class: 2nd Monday of each month(excluding holidays), 2:30 pm – 4:30 pm held at the Senior Center, 1155 East 9th Street, Suite 25, in art room

Living Wils & Powers of Attorney Class: 4th Monday of each month (excluding holidays), 2:30 pm – 4:30 pm held at the Senior Center, 1155 East 9th Street, Suite 25, in art room

Clinics and Seminars in Southern Nevada

Date

Outreach

Time

Location

January 5, 2016

Help USA

1pm

921 W. Owens Ste. 130

January 6, 2016

Tonopah – Ask –A Lawyer

10am

101 Radar Rd, Tonopah 89049

January 8, 2016

Record Sealing

3-5pm

309 S. Third St. Las Vegas

January 11, 2016

Hermandad Mexicano

10am

Rafael Rivera Community 2900 Stewart Ave. LV 89101

January 11, 2015

IRS Tax Collection Process and Options

7pm – 8pm

Clark County Library

1401 East Flamingo Road LV

January 12, 2016

Pahrump Ask-A- Lawyer

11-1pm

Ian Deutch Gov. Center

1520 East Basin Ave.

Pahrump, NV

January 14, 2016

Mesquite Senior Center

11:30a

102 West Old Mill Road

January 14, 2016

Center Lunch and Learn

11am

401 S. Maryland Parkway

January 15, 2016

Record Sealing

3-5pm

309 S. Third St. Las Vegas

January 19, 2016

NLC Senior Center

9am

2420 N. Martin Luther King Blvd. Bldg B 89032

January 20, 2016

Clark County Law Library

1pm – 3pm

309 S. Third St.

Las Vegas

January 21, 2016

“Know Your Rights”

6pm

401 S. Maryland Parkway

January 22, 2016

Record Sealing

3-5pm

309 S. Third St. Las Vegas

January 26, 2016

Urban League

3-5pm

3575 W. Cheyenne. North Las Vegas 89032

January 27, 2016

West Charleston Library

12-2pm

6301 W. Charleston Blvd LV

January 29, 2016

Pahrump Forms

11-1pm

Ian Deutch Gov. Center

1520 East Basin Ave.

Pahrump, NV

January 29, 2016

Record Sealing

3-5pm

309 S. Third St. Las Vegas

February 2, 2016

Help USA

1pm

921 W. Owens Ste. 130

February 2, 2016

Beatty – Ask-A-Lawyer

10am

426 C. Ave

South PO. 805

Beatty, NV 89003

February 3, 2016

Tonopah – Ask –A Lawyer

10am

101 Radar Rd, Tonopah 89049

February 5, 2016

NLV Justice Court

3-5pm

2428 N Martin Luther King Blvd

February 8, 2016

EDCD (African & Ethiopian Community)

3pm

4800 E. Charleston. Las Vegas NV 89106

February 8, 2016

Hermandad Mexicano

10am

Rafael Rivera Community 2900 Stewart Ave. LV 89101

February 9, 2016

Pahrump Ask-A-Lawyer

11-1pm

Ian Deutch Gov. Center

1520 East Basin Ave.

Pahrump, NV

February 11, 2016

Mesquite Senior Center

11:30a

102 West Old Mill Road

February 12, 2016

Record Sealing

3-5pm

309 S. Third St. Las Vegas

February 16, 2016

North Las Vegas Senior Center

9am

2420 N. Martin Luther King Blvd. Bldg B 89032

February 17, 2016

Clark County Law Library

1pm-3pm

309 S. Third St. Las Vegas

February 18, 2016

Center Lunch and Learn

11am

401 S. Maryland Parkway

February 18, 2016

IRS Tax Collection Process and Options

7 -8pm

Clark County Library

1401 East Flamingo Road LV

February 18, 2016

“Know Your Rights”

6pm

401 S. Maryland Parkway

February 19, 2016

North Las Vegas Justice

3-5pm

2428 N Martin Luther King Blvd

February 23, 2016

Urban League

3-5pm

3575 W. Cheyenne. North las Vegas 89032

February 24, 2016

Green Valley Library

12-2pm

2797 N Green Valley Pkwy

February 26, 2016

Pahrump Forms

11-1pm

Ian Deutch Gov. Center

1520 East Basin Ave.

Pahrump, NV

February 26, 2016

Clark County Law Library

3-5pm

309 S. Third St. Las Vegas

February 26, 2016

City of Las Vegas Health Outreach

10am-1pm

3343 W. Washington Ave

Las Vegas

March 1, 2016

Help USA

1pm

921 W. Owens Ste. 130

March 2, 2016

Tonopah – Ask-A-Lawyer

10am

101 Radar Rd, Tonopah 89049

March 4, 2016

North Las Vegas Justice Court

3-5pm

2428 N Martin Luther King Blvd

March 4, 2016

Record Sealing

3-5pm

309 S. Third St. Las Vegas

March 8, 2016

Pahrump Ask-A-Lawyer

11- 1pm

Ian Deutch Gov. Center

1520 East Basin Ave.

Pahrump, NV

March 10, 2016

Mesquite Senior Center

11:30a

102 West Old Mill Road

March 11, 2016

Clark County Law Library

3-5pm

309 S. Third St. Las Vegas

March 14, 2016

Hermandad Mexicano

10am

Rafael Rivera Community 2900 Stewart Ave. LV 89101

March 15, 2016

North Las Vegas Senior Center

9am

2420 N. Martin Luther King Blvd. Bldg B 89032

March 16, 2016

Clark County Law Library

1pm – 3pm

309 S. Third St.

Las Vegas

March 16, 2016

Veterans Stand Down

8:30am – 4:30pm

Cashman Center

850 Las Vegas Blvd North

March 17, 2016

Veterans Stand Down

8:30am – 4:30pm

Cashman Center

850 Las Vegas Blvd North

March 17, 2016

Name Change

6pm

401 S. Maryland Parkway

March 18, 2016

North Las Vegas Justice Court

3-5pm

2428 N Martin Luther King Blvd

March 18, 2016

Clark County Law Library

3-5pm

309 S. Third St. Las Vegas

March 22, 2016

Urban League

3-5pm

3575 W. Cheyenne. North las Vegas 89032

March 22, 2016

Pahrump Forms

11-1pm

Ian Deutch Gov. Center

1520 East Basin Ave.

Pahrump, NV

March 25, 2016

Clark County Law Library

3-5pm

309 S. Third St. Las Vegas

March 26, 2016

Cesar Chavez Community Event

10am – 2pm

Gary Reese Freedom Park

850 N. Mojave Road 89101

March 30, 2016

West Charleston Library

12-2pm

6301 W Charleston Blvd LV

April 1, 2016

North Las Vegas Justice Court

3-5pm

2428 N Martin Luther King Blvd

April 1, 2016

Clark County Law Library

3-5pm

309 S. Third St. Las Vegas

April 6, 2016

Help USA

1pm-3pm

VA Center

916 W. Owens LV 89106

April 6, 2016

Tonopah Ask-A-Lawyer

10am

101 Radar Rd, Tonopah 89049

April 8, 2016

Record Sealing

3-5pm

309 S. Third St. Las Vegas

April 9, 2016

Annual Coalition of 100 Black Women Outreach

9am – 3pm

2101 Texas Star Lane, North Las Vegas NV 89032

April 11, 2016

EDCD (African & Ethiopian Community)

3pm

4800 E. Charleston. Las Vegas NV 89106

April 12th

Pahrump Ask-A-Lawyer

11am – 1pm

Ian Deutch Gov. Center

1520 East Basin Ave.

Pahrump, NV

April 14, 2016

Mesquite Senior Center

11:30a

102 West Old Mill Road

April 14, 2016

Center Lunch and Learn

11am

401 S. Maryland Parkway

April 18, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

April 19, 2016

North Las Vegas Senior Center

9am

2420 N. Martin Luther King Blvd. Bldg B 89032

April 20, 2016

Clark County Law Library

1– 3pm

309 S. Third St. Las Vegas

April 25, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

April 26, 2016

Urban League

3-5pm

3575 W. Cheyenne. North las Vegas 89032

April 27, 2016

Green Valley Library

12pm

6301 W. Charleston Blvd LV

April 27, 2016

Mainstream Training

1-4pm

Clark County Government Center 500 S Grand Central

April 29, 2016

Pahrump Forms

11-1pm

Ian Deutch Gov. Center

1520 East Basin Ave.

Pahrump, NV

April 25, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

May 2, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

May 4, 2016

Help USA

1-3pm

VA Center

916 W. Owens LV 89106

May 4, 2016

Tonopah – Ask –A Lawyer

10am

101 Radar Rd, Tonopah 89049

May 9, 2016

Hermandad Mexicano

10am

Rafael Rivera Community 2900 Stewart Ave. LV 89101

May 9, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

May 10, 2016

Pahrump Ask-A Lawyer

11-1pm

Ian Deutch Gov. Center

1520 East Basin Ave.

Pahrump, NV

May 12, 2016

Mesquite Senior Center

11:30

102 West Old Mill Road

May 12, 2016

Center Lunch and Learn

11am

401 S. Maryland Parkway

May 16, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

May 17, 2016

North Las Vegas Senior Center

9am

2420 N. Martin Luther King Blvd. Bldg B 89032

May 18, 2016

Clark County Law Library

1pm-3pm

309 S. Third St. Las Vegas

May 23, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

May 24, 2016

Urban League

3-5pm

3575 W. Cheyenne. North las Vegas 89032

May 25, 2016

West Las Vegas Library

12-2pm

6301 W. Charleston Blvd LV

May 25, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

May 20, 2016

Pahrump Forms

11-1pm

Ian Deutch Gov. Center

1520 East Basin Ave.

Pahrump, NV

May 27, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

June 1, 2016

Help USA

1pm-3pm

VA Center

916 W. Owens LV 89106

June 1, 2016

Tonopah – Ask –A Lawyer

10am

101 Radar Rd, Tonopah 89049

June 1, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

June 3, 2016

Clark County Law Library

3 -5pm

309 S. Third St. Las Vegas

June 6, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

June 9, 2016

Mesquite Senior Center

11:30a

102 West Old Mill Road

June 9, 2016

Center Lunch and Learn

11am

401 S. Maryland Parkway

June 9, 2016

Salvation Army

12pm

2801 E. Equador Ave

June 13, 2016

EDCD (African & Ethiopian Community)

3pm

4800 E. Charleston. Las Vegas NV 89106

June 13, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

June 14, 2016

Pahrump Ask-A Lawyer

11-1pm

Ian Deutch Gov. Center

1520 East Basin Ave.

Pahrump, NV

June 15, 2016

Clark County Law Library

1pm – 3pm

309 S. Third St.

Las Vegas

June 17, 2016

Hermandad Mexicano

9am

Rafael Rivera Community

2900 Stewart Ave. LV 89101

June 17, 2016

Clark County Law Library

3-5pm

309 S. Third St.

Las Vegas

June 20, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

June 21, 2016 Canceled

North Las Vegas senior Center

9am

2420 N. Martin Luther King Blvd. Bldg B 89032

June 22, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

June 24th, 2016

PahrumpForms

11-1pm

Ian Deutch Gov. Center

1520 East Basin Ave.

Pahrump, NV

June 24, 2016

Clark County Law Library

3-5pm

309 S. Third St. Las Vegas

June 27th, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

June 28, 2016

Urban League

3pm

3575 W. Cheyenne 89032

June 29, 2016

Green Valley Library

12-2pm

2797 N. green Valley Pkwy Henderson 89104

June 29, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

July 1, 2016

Clark County Law Library

3-5pm

309 S. Third St. Las Vegas

July 4, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

July 6, 2016

Help of USA

1pm-3pm

VA Center

916 W. Owens LV 89106

July 6, 2016

Tonopah – Ask –A Lawyer

10am

101 Radar Rd, Tonopah 89049

July 8, 2016

Hermandad Mexicana

9am

Rafael Rivera Community 2900 Stewart Ave. LV 89101

July 11, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

July 12, 2016

Pahrump Ask-A-Lawyer

11-1pm

Ian Deutch Gov. Center

1520 East Basin Ave.

Pahrump, NV

July 13, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

July 14, 2016

Mesquite Senior Center

11:30a

102 West Old Mill Road

July 14, 2016

Center Lunch and Learn

11am

401 S. Maryland Parkway

July 15, 2016

Clark County Law Library

3-5pm

309 S. Third St. Las Vegas

July 18, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

July 19, 2016

North Las Vegas Senior Center

9am

2420 N. Martin Luther King Blvd. Bldg B 89032

July 20, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

July 22, 2016

Clark County Law Library

3-5pm

309 S. Third St. Las Vegas

July 25, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

July 26, 2016

Urban League

3pm

3575 W. Cheyenne. North las Vegas 89032

July 27, 2016

West Las Vegas Library

12-2pm

6301 W. Charleston Blvd LV

July 27, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

July 22, 2016

Pahrump Forms

11-1pm

Ian Deutch Gov. Center

1520 East Basin Ave.

August 1, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

August 2, 2016

Beatty Ask-A- Lawyer

10am

426 C. Ave

South PO. 805

Beatty, NV 89003

August 3, 2016

Help USA

1pm- 3pm

VA Center

916 W> Owens LV 89106

August 3, 2016

Tonopah Ask-A-Lawyer

10am

101 Radar Rd, Tonopah 89049

August 3, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

August 5, 2016

Clark County Law Library

3-5pm

309 S. Third St. Las Vegas

August 8, 2016

EDCD (African & Ethiopian Community)

3pm

4800 E. Charleston. Las Vegas NV 89106

August 8, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

August 9, 2016

Pahrump Ask-A-Lawyer

11-1pm

Ian Deutch Gov. Center

1520 East Basin Ave.

Pahrump, NV

August 10, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

August 11, 2016

Mesquite Senior Center

11:30a

102 West Old Mill Road

August 11, 2016

Center Lunch and Learn

11am

401 S. Maryland Parkway

August 12, 2016

Hermandad Mexicano

9am

Rafael Rivera Community 2900 Stewart Ave. LV 89101

August 15, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

August 16, 2016

North Las Vegas Senior Center

9am

2420 N. Martin Luther King Blvd. Bldg B 89032

August 17, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

August 19, 2016

Clark County Law Library

3-5pm

309 S. Third St. Las Vegas

August 22, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

August 23, 2016

Urban League

3pm

3575 W. Cheyenne. North las Vegas 89032

August 24, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

August 26, 2016

Pahrump Forms

11 -1pm

Ian Deutch Gov. Center

1520 East Basin Ave.

Pahrump, NV

August 26, 2016

Clark County Law Library

3-5pm

309 S. Third St. Las Vegas

August 29, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

August 31, 2016

West Las Vegas Library

12-2pm

6301 W. Charleston Blvd LV

August 31, 2016

Clark County Law Library

3pm

309 S. Third St. Las Vegas

September 2, 2016

Clark County Law Library

3-5pm

309 S. Third St. Las Vegas

September 7, 2016

Help USA

1pm -3pm

VA Center

916 W. Owens LV 89106

September 7, 2016

Tonopah Ask-A Lawyer

10am

101 Radar Rd, Tonopah 89049

September 8, 2016

Mesquite Senior Center

11:30a

102 West Old Mill Road

September 8, 2016

Center Lunch and Learn

11am

401 S. Maryland Parkway

September 9, 2016

Hermandad Mexicano

9am

Rafael Rivera Community 2900 Stewart Ave. LV 89101

September 13, 2016

Pahrump Ask-A Lawyer

11-1pm

Ian Deutch Gov. Center

1520 East Basin Ave.

Pahrump, NV

September 20, 2016

North Las Vegas Senior Center

9am

2420 N. Martin Luther King Blvd. Bldg B 89032

September 20, 2016

Clark County Library

12-2pm

1401 E. Flamingo Rd.

89119

September 23, 2016

Clark County Law Library

3-5pm

309 S. Third St. Las Vegas

September 27, 2016

Urban League

3pm

3575 W. Cheyenne. North las Vegas 89032

September 28, 2016

West Las Vegas Library

12-2pm

6301 W. Charleston Blvd LV

September 30, 2016

Pahrump Forms

11-1pm

Ian Deutch Gov. Center

1520 East Basin Ave.

Pahrump, NV

October 5, 2016

Help USA

1pm -3pm

VA Center

916 W. Owens LV 89106

October 5, 2016

Tonopah Ask-A Lawyer

10am

101 Radar Rd, Tonopah 89049

October 7, 2016

Clark County Law Library

3-5pm

309 S. Third St. Las Vegas

October 10, 2016

EDCD (African & Ethiopian Community)

3pm

4800 E. Charleston. Las Vegas NV 89106

October 11, 2016

Pahrump Ask-A-Lawyer

11 -1pm

Ian Deutch Gov. Center

1520 East Basin Ave.

Pahrump, NV

October 13, 2016

Mesquite Senior Center

11:30a

102 West Old Mill Road

October 13th, 2016

Center Lunch and Learn

11am

401 S. Maryland Parkway

October 14, 2016

Hermandad Mexicano

9am

Rafael Rivera Community 2900 Stewart Ave. LV 89101

October 18, 2016

North Las Vegas Senior Center

9am

2420 N. Martin Luther King Blvd. Bldg B 89032

October 18, 2016

Clark County Library

12-2pm

1401 E. Flamingo Rd.

89119

October 20, 2016

Laughlin Ask-A-Lawyer

10am

101 Civic Way, Laughlin 89029

October 25, 2016

Urban League

3pm

3575 W. Cheyenne. North las Vegas 89032

October 26, 2016

Green Valley Library

12-2pm

2797 N. Green Valley Pkwy Henderson 89104

October 28, 2016

Pahrump Forms

11a- 1pm

Ian Deutch Gov. Center

1520 East Basin Ave.

Pahrump, NV

October 28, 2016

Clark County Law Library

3-5pm

309 S. Third St. Las Vegas

November 2, 2016

Help USA

1pm

VA Center

916 W. Owens LV 89106

November 2, 2016

Tonopah Ask-A Lawyer

10am

101 Radar Rd, Tonopah 89049

November 4, 2016

Clark County Law Library

3-5pm

309 S. Third St. Las Vegas

November 8, 2016

Pahrump Ask-A-Lawyer

11-1pm

Ian Deutch Gov. Center

1520 East Basin Ave.

Pahrump, NV

November 10, 2016

Mesquite Senior Center

11:30a

102 West Old Mill Road

November 11, 2016

Hermandad Mexicano

10am

Rafael Rivera Community 2900 Stewart Ave. LV 89101

November 15, 2016

North Las Vegas Senior Center

9am

2420 N. Martin Luther King Blvd. Bldg B 89032

November 17, 2016

Center for Lunch

11am

401 S. Maryland Parkway

November 22, 2016

Urban League

3pm

3575 W. Cheyenne. North las Vegas 89032

November 30, 2016

West Las Vegas Library

12pm-2pm

6301 W. Charleston Blvd LV

December 2, 2016

Clark County Law Library

3-5pm

309 S. Third St. Las Vegas

December 7, 2016

Help USA

1pm

VA Center

916 W. Owens LV 89106

December 7, 2016

Tonopah Ask-A-Lawyer

10am

101 Radar Rd, Tonopah 89049

December 8, 2016

Mesquite Senior Center

11:30a

102 West Old Mill Road

December 8, 2016

Center Lunch and Learn

11am

401 S. Maryland Parkway

December 9, 2016

Hermandad Mexicano

9am

Rafael Rivera Community 2900 Stewart Ave. LV 89101

December 12, 2016

EDCD (African & Ethiopian Community)

3pm

4800 E. Charleston. Las Vegas NV 89106

December 13, 2016

Pahrump Ask-A-Lawyer

11am -1pm

Ian Deutch Gov. Center

1520 East Basin Ave.

Pahrump, NV

December 20, 2016

North Las Vegas Senior Center

9am

2420 N. Martin Luther King Blvd. Bldg B 89032

December 27, 2016

Urban League

3pm

3575 W. Cheyenne. North las Vegas 89032