To determine the child support amount that a parent should pay, Nevada uses a formula based on a parent’s gross monthly income. Income includes salary, consistent overtime, self-employment and imputed income.
- Courts prefer to use the formula but if certain criteria apply, a parent’s support can be different than the formula. (See below)
- A court can possibly order child support even when the parents have joint custody.
- The minimum amount of support that will be ordered is $100.
Obligation of non-custodial parent:
- One Child = 18% of gross monthly income
- Two Children = 25% of gross monthly income
- Three Children = 29% of gross monthly income
- Four Children = 31% of gross monthly income
- There is a 2% increase for each child thereafter
- Minimum amount awarded is $100
Presumptive Maximum Amount of Child Support:
- Gross monthly income $0 - $4,168 max is $500
- Gross monthly income $4,168 -$ 6,251 max is $550
- Gross monthly income $6,251 - $8,334 max is $600
- Gross monthly income 8,334 - $10,418 max is $650
- Gross monthly income $10,418 - $12,5010 max is $700
- Gross monthly income $12,501 - $14,583 max is $750
Joint Custody Child Support
When parents are granted joint custody, courts decide child support in the following way:
First, use the figure above to figure the amount each parent would pay for child support based on the number of children and the parent’s income.
- For example, if the parties have two children and the father makes gross income of $1000 per month and the mother earns $2000 per month, the father’s child support obligation would be $250 (25% of $1000) and the mother’s obligation would be $500 (25% of $2000
Next, determine the difference between each parent’s obligation
- Using the example above, subtract the mother’s $500 obligation from the father’s $250 obligation for a difference of $250 ($500-$250=$250)
The parent with the higher income would pay the difference to the other party. In other words, BOTH parents are obligated to provide support but since the parent with the higher income has a larger support obligation, he or she will pay the other party.
You can adjust the child support amount and request more or less than what the court would order using the child support formula if any of the following factors are shown by clear and convincing evidence:
- One parent is paying most or all of the cost of health insurance and/or child care.
- The child has special educational needs that result in extra costs.
- The age of the child.
- When one of the parents has legal responsibility to support others.
- The value of services contributed by either parent.
- Any public assistance paid to support the child.
- Expenses reasonably related to the mother’s pregnancy and confinement.
- The cost of transportation of the child to and from visitation if the parent with custody moved the child from where custody was ordered
- The amount of time the child spends with each parent.
- Any other necessary expenses for the benefit of the child.
- The relative income of both parents, which includes income earned by the new spouse(s) of the parent(s) if one or both spouses has remarried.
The child support obligation continues until a child turns 18 or, if still enrolled in high school at age 18, on his/her 19th birthday.
- If a child is disabled, child support may continue until the child is self-sufficient.
- If a child becomes emancipated (by court order, by getting married, etc) or if the parental rights of the parent paying support are terminated, the support obligation ends.
A child support order can be enforced in two ways:
- A parent receiving support can contact the Family Support Division of the District Attorney’s Office. The parent will need to complete an application through the DA. The DA will determine if there is past due support, called arrearages, determine how much arrearages are owed, and begin collection of those arrearages. The DA Family Support Office can also assist with finding a non-custodial parent, establishing paternity, obtaining a custody order, and modifying an existing order.
- Another option is that the receiving parent can file a Motion for an Order to Show Cause with the Family Court (described below in the section on Motions)
****Failure of one parent to pay child support does NOT give the other parent the legal right to withhold visitation or contact with the child. Even if the other parent is not paying child support as ordered you MUST continue to follow the custody agreement as ordered by the court until the court grants a change in the custody arrangement. Failure to follow the court order can subject a parent to contempt of court, which can result in fines and potentially jail time.****