This is the second post in my series on how the Rivero v. Rivero decision impacts the rights of fathers in Las Vegas, Nevada. I previously provided an overview of how the Rivero decision changed Nevada child custody law. In this discussion I will address how child support is impacted under the decision.
Nevada child support law before and after the Rivero Decision
Calculating child support was straight forward before the second Rivero opinion was issued in 2009. Previously if parents shared joint custody (which meant each parent had the child for an equal portion of the time) then a child support amount would be calculated for each parent and those amounts would be offset against each other. For example, if the parents had one child then the Court would determine what eighteen percent (the amount of support for one child) of each parent’s income was. If eighteen percent of one parent’s monthly income was $400 and $300 for the second parent then the first parent would pay the second parent $100 per month ($400-$300). This joint custody formula was straightforward and easy for parents to understand prior to Rivero.
The formula above remains in place for joint custody child support determinations. Nevada parents, however, are often surprised to learn that “joint custody” does not necessarily require a 50/50 time share. Under Rivero, a parent has joint custody as long as they have the child for at least 40 percent of the time. This means that a parent may only have the child three days per week but could still receive child support. If the parent caring for the child four days per week has a higher income then the second parent then the higher earner will stay pay child support even though he or she cares for the child one more day each week. Parents are often surprised to discover this fact about Nevada child support law.
Consult a Nevada attorney to ensure you are paying a fair child support amount
Nevada law allows for reductions in one’s child support under certain circumstances. If you are paying support for a child from another relationship then you may be entitled to a reduction in your instant case. Also, if you are paying other expenses on behalf of the child then you may again be able to reduce your current support. Contact our office online or at (702) 337-3071 to discuss your case with a Las Vegas, Nevada child support lawyer.