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 Family Law:

 

In Nevada, Child Support is set by statute and based upon the income of the parents.  In the event a parent is awarded primary physical custody, that parent is statutorily entitled to child support.  Pursuant to Nevada Revised Statute 125B.070 child support is set as follows:

1. As used in this section and NRS 125B.080, unless the context otherwise requires:

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

(b) “Obligation for support” means the sum certain dollar amount determined according to the following schedule:

(1) For one child, 18 percent;

(2) For two children, 25 percent;

(3) For three children, 29 percent;

(4) For four children, 31 percent; and

(5) For each additional child, an additional 2 percent,

of a parent’s gross monthly income, but not more than the presumptive maximum amount per month per child set forth for the parent in subsection 2 for an obligation for support determined pursuant to subparagraphs (1) to (4), inclusive, unless the court sets forth findings of fact as to the basis for a different amount pursuant to subsection 6 of NRS 125B.080.

2. For the purposes of paragraph (b) of subsection 1, the presumptive maximum amount per month per child for an obligation for support, as adjusted pursuant to subsection 3, is:[1]

Income Range                                    Presumptive Maximum Amount


[1]The presumptive maximum amount set forth herein was issued by the Administrative Office of the Courts April 1, 2004 in accordance with the provisions of NRS 125B.070 (3) and is for the time period, July 1, 2004 - June 30, 2005.

If the Parents GrossMonthly                             But Less Than                       The Presumptive Maximum Amount
       Income is at Least                                                                                         Amount the Parent May be Required
                                                                                                                                      to Pay per Month per Child Pursuant to
                                                                                                                       Paragraph (b) Subsection 1 is

0                                            4,235                                          530
4,235                                     6,351                                          583
6,351                                     8,467                                          637
8,467                                     10,585                                         689
10,585                                    12,701                                         742
12,701                                    14,816                                         795
14,816                                    No Limit                                      849

If a parent’s gross monthly income is equal to or greater than $14,816, the presumptive maximum amount the parent may be required to pay pursuant to paragraph (b) of subsection 1 is $849.

3. The presumptive maximum amounts set forth in subsection 2 for the obligation for support must be adjusted on July 1 of each year for the fiscal year beginning that day and ending June 30 in a rounded dollar amount corresponding to the percentage of increase or decrease in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding calendar year. On April 1 of each year, the Office of Court Administrator shall determine the amount of the increase or decrease required by this subsection, establish the adjusted amounts to take effect on July 1 of that year and notify each district court of the adjusted amounts.

4. As used in this section, “Office of Court Administrator” means the Office of Court Administrator created pursuant to NRS 1.320.


There are factors that the courts can use to deviate from the statutory formula.  In particular, Nevada Revised Statute 125B.080(9) states:


The court shall consider the following factors when adjusting the amount of support of a child upon specific findings of fact:

(a) The cost of health insurance;

(b) The cost of child care;

(c) Any special educational needs of the child;

(d) The age of the child;

(e) The legal responsibility of the parents for the support of others;

(f) The value of services contributed by either parent;

(g) Any public assistance paid to support the child;

(h) Any expenses reasonably related to the mother’s pregnancy and confinement;

(i) The cost of transportation of the child to and from visitation if the custodial parent moved with the child from the jurisdiction of the court which ordered the support and the noncustodial parent remained;

(j) The amount of time the child spends with each parent;

(k) Any other necessary expenses for the benefit of the child; and

(l) The relative income of both parents.

In the event Joint Physical Custody is awarded to the parties, child support is decided differently.  In Wesley v. Foster, 65 P.3d 251, 253, 119 Nev.     ,      (2003), the Nevada Supreme Court addressed the issue of Joint Physical Custody when there is a disparity of income.  The Court stated:

In this case, there is a disparity in the gross monthly income of the two parents. Consistent with our holding in Wright, Wesley's percentage of gross monthly income should first be subtracted from Foster's percentage of gross monthly income. [FN11] Then, after this offset is made, the cap should be applied. [FN12] "Of course, the district court also has the option to adjust the amount of the award where special circumstances exist." [FN13]

FN11. 18% of $1,417.00 = $255.06. 18% of $5,417.00 = $975.06. Applying the offset, $975.06 minus $255.06 = $720.00, Foster's child support obligation prior to application of the cap.

FN12. The version of NRS 125B.070 in effect at the time of the petition for modification provided a $500 cap. Therefore, Foster's obligation for support payments to Wesley is $500 per month.

FN13. Wright, 114 Nev. at 1369, 970 P.2d at 1072 (citing NRS 125B.080(9)).






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