WHAT PARENTS SHOULD KNOW ABOUT MODIFYING CHILD SUPPORT & CHILD CUSTODY IN NEVADA
NRS 125C deals with child custody issues in Nevada. Child custody and child support are some of the most controversial aspects of divorce and family law cases. Sometimes modifications after the original decisions are required in order to make sure the benefits of the minor children are still being met. Here are things you should know if you want child custody and child support modification in Las Vegas, Nevada.
Courts like Joint Custody as their initial standard
From the outset of any case in Sin City, Las Vegas Family Courts like joint legal and joint physical custody of children, and believe that this is the starting point of what’s in the best interests of the children. This means generally that both parents will have a somewhat similar timeshare with the kids and they will both have the same rights to make legal decisions involving the children. Courts will then change this standard to award primary custody to one parent if it is proven that it is not in the best interests of the children to award joint custody.
If parents are trying to modify custody or support after final orders are already reached, Las Vegas court’s will only modify child custody or child support if it is in the best interests of the child involved. There also must be a substantial change in the circumstances of the child, not the parent, in order to modify custody. Support may be modified upon a 20% increase or decrease in income of the paying parent. Child support and custody can also be modified if the parents agree and sign a Stipulation that the judge signs into an Order. If the parents don’t agree to modify custody or support, the parent wishing to have a change will have to file a Motion with the Court and serve the other parent, or their lawyer, with the motion to request the change. The moving parent will also have to file a Financial Disclosure Form with the court to show current income so that the Judge has all of the information to make an appropriate decision.
Make Sure you Have your Evidence
If you are trying to modify either child custody or child support after the final order of the court, make sure you have evidence to back up your request. For child support modifications, you will have to prove that your income has been modified by a minimum of 20% in order to request the support order be modified. If you voluntarily take a different job that pays less, courts might not grant your modification request because you voluntarily chose to choose a lower paying job. If the other parents income increases, it is irrelevant for the most part and the courts are not inclined to change the support order. There are also factors which can make child support go up or down that the court can take into consideration, such as travel expenses to visit a child, an offset for having to pay for the health insurance for the child, other legal obligations to support others etc.
If you are trying to modify custody, you will want to make sure you have evidence in the form of affidavits, pictures, videos, police reports, evidence of drug use or domestic violence, or whatever evidence supports your request to modify custody. Court’s don’t like to modify custody after the final order so make sure your evidence is strong if you decide to come before the court for a custody modification request.
Contact A Las Vegas Child Custody Attorney
The best interests of the children will always be the most important thing a Judge considers in a child custody determination. If you have questions on the best approach for modifying child support or child custody, your first step is to call an experienced Las Vegas child custody attorney. Huggins Law Office has been helping people with child custody and child support issues for over twenty years! Contact our office today to speak to speak to an experienced attorney regarding your child custody or child support issue. We can be reached at (702) 387-4014.