This is the next post in my series on how Las Vegas fathers should proceed after losing their job. My last article provided an overview of topics which this series will be addressing and stressed the need to immediately speak with a family law attorney if you find yourself in such a situation. Speaking with counsel sooner, rather, than later can help to avoid a range of potential problems. In this article I will discuss filing for a child support modification after a dad has been laid off or fired. If you require assistance then contact my office today to speak with a fathers’ rights lawyer.
It is important to understand that one’s child support obligations do not change once they become unemployed. Nevada child support is determined by Court Order. A dad is required to follow the Order until it is modified. This means, for example, that if the Court orders you to pay $500 a month in child support then that obligation will remain in place until the Court changes its Order and the fact that you lost your job will not modify your obligations. Failing to make your Court Ordered child support payments can result in your being held in contempt. A contempt finding can result in incarceration, fines, having to pay the mother’s legal fees, as well as other problems.
If you have lost your job, and are actively looking for new employment, then there is a good chance that the Court will reduce your support obligations. The first step in gaining a reduction is to file a Motion to Modify Child Support, as well as a Financial Disclosure Form, with the Court. The Court will set a hearing date. The mother will be given a chance to file an Opposition and the father will be able to file a Reply brief. The Court will hold a hearing and set child support at an appropriate amount. Under Nevada law a parent with one child will pay eighteen percent of their gross income for support. When calculating gross income the Court will consider sources such as rental proceeds, unemployment benefits, pension benefits, etc. Our state also imposes a minimum monthly payment of $100. In other words, a father will pay $100 per month even if they have no sources of income. By immediately filing for a support modification you reduce the risk of later being held in contempt of court.
It must also be understood that your child support may be raised once you return to work. If your income increases by more than twenty percent then the mother will have the right to request another modification from the Court. This may lead to disputes as to how much you are actually earning.
If you are a Las Vegas father who has lost his job then you should file for a child support modification immediately. I regularly handle such matters and I am ready to assist you. Contact my office today to schedule an initial consultation.
April 7th, 2020 update: Due to the impact of coronavirus on the Las Vegas economy, it is important that anyone who has been laid off, or otherwise lost their job, to seek an adjustment in child support. As explained above, if one has become unemployed due to the crisis facing our community, then they will be responsible for the full amount of their support until it is modified by the Court. If you have been displaced from your job then contact my office for assistance.