This is the next post in my series on common issues faced by Las Vegas fathers going through a divorce case. My last article discussed issues arising immediately after a divorce is filed. Such issues may include attending a hearing for Temporary Orders at which the Court will put a temporary arrangement in place regarding child custody, support, and more. The purpose of such an arrangement is for the parties can have a sense of structure while the matter is pending trial. In this article I will discuss another important topic – how the Court will view the issue of spousal support or alimony. If you find yourself needing assistance then contact my office today to speak with an attorney.
Nevada is different than some other states in that it does not employ a set formula for spousal nor is support “automatic” in a divorce case. A Clark County Family Court Judge will typically award a party support if there is a significant disparity in income between the parties, if the party requesting alimony has been out of the workforce for some time and/or requires retraining, or if other financial circumstances make it difficult for the requesting party to support themselves. It is important to understand that the Court will typically require the requesting spouse to make a good faith effort to either gain employment or enhance their marketable skills. A spouse who simply does nothing and collects an alimony check may find themselves being cut off from support if the matter is brought back before the Judge.
In Nevada the Court will typically base support on the amount of money the requesting party reasonably needs to pay their expenses, the requesting party’s ability to contribute, the extent to which the paying party enjoys wealth due to efforts or labor of the requesting party, and other factors. It is important to understand that the Court will base any amount on what the receiving parent needs and not what they want to receive. Also, if the party receiving support will also be receiving child support from the paying party then the Court will take that payment into consideration, meaning that the alimony payment will likely be lowered as a result of the child support payment.
If you are a Las Vegas father going through a divorce then you may be eligible to receive alimony. If you earn more than your spouse then there is a possibility that you will be paying support. Contact my office today to speak with a lawyer.