If you’re getting divorced and remarried, you may wonder whether your new spouse’s income will get considered when determining your Las Vegas child support obligations.
The answer to this question depends on various factors and can vary depending on your specific circumstances. In this blog post, we’ll examine how child support is calculated and whether your new spouse’s income will be considered.
Determine The Base Child Support Amount
First, it’s important to note that Nevada uses an income shares model to calculate child support. This means that if parents share custody, both parents’ incomes get considered when determining the base amount of child support to get paid.
The calculation will consider the gross monthly income of both parents and apply a percentage (on a sliding scale) to get a base child support amount.
For more information about how base child support gets calculated in Nevada, check out our article here: Las Vegas Child Support.
Consider Any Factors That Can Cause Child Support To Go Up Or Down
Once you know the base amount of child support, you need to consider whether your child support can get adjusted up or down depending on your specific circumstances.
In Nevada, a few other factors can impact the final amount of child support paid or received in Nevada.
These include:
- Medical expenses: If the child has medical expenses not covered by insurance, the cost is usually divided between both parents in proportion to their income. This can cause your child support to go up or down.
- Childcare costs: If the custodial parent requires childcare to work or attend school, the non-custodial parent may be responsible for some of those costs.
- Visitation expenses: If the non-custodial parent incurs expenses to exercise their visitation rights, such as transportation or lodging, they may be factored into the child support calculation.
Other factors: The Court may consider other factors (such as your spouse’s income) to adjust your child support up or down.
The new Nevada Child Support laws specifically allow the Court to look at respective household incomes to calculate child support.
When Will A Spouse's Income Be Considered For Purposes Of Determining Child Support
As stated above, the Court can consider your spouse’s income in calculating child support. However, this depends on your specific case and circumstances. NAC 425.150 allows your child support judge to look at parents’ lifestyles and household incomes when determining child support.
For example, if you and your new spouse have a joint bank account or jointly owned assets, these may be considered when calculating your child support obligations.
Additionally, this may also be considered if your new spouse supports your children, such as paying for their school fees or extracurricular activities.It’s important to note that while your new spouse’s income may not be directly used to calculate your child support obligations, it may indirectly impact them.
For example, suppose your new spouse’s income allows you to live a more comfortable lifestyle. This may be considered when determining your financial situation and ability to pay child support.
Further Reading
Molly Rosenblum, Esq., our lead attorney, has developed a series of invaluable resources aimed at providing guidance and support for those navigating the complexities of child support. These resources, accessible on the Rosenblum Law website, offer detailed insights and legal advice on various aspects of child support, from modifications and arrears to understanding how income and custody arrangements affect obligations. Here’s an overview of these essential resources:
Child Support Modification: Offers guidance on how to modify child support payments, detailing the circumstances under which modifications may be granted. Learn about modifying child support.
How to Get Child Support Arrears Dismissed: Provides information on how to address and potentially dismiss child support arrears, a common concern for many parents. Discover how to manage arrears.
Las Vegas Child Support: A comprehensive resource detailing the specifics of child support in Las Vegas, including calculation methods, enforcement, and modification. Explore Las Vegas child support.
Who Has to Pay Child Support in Joint Custody: Explains child support responsibilities in joint custody scenarios, debunking common misconceptions about financial obligations. Learn about child support and joint custody.
Las Vegas Child Support Laws: An overview of the laws governing child support in Las Vegas, offering clarity on legal requirements, rights, and obligations. Understand Las Vegas child support laws.
Through these meticulously prepared resources, Molly Rosenblum, Esq., aims to empower individuals with the knowledge and tools necessary to navigate the child support system effectively. We encourage you to utilize these resources to ensure that your child support matters are handled with the utmost care and legal expertise.
Offsite Resources You May Find Helpful
National Conference of State Legislatures – Child Support Guidelines: This resource provides an overview of child support guidelines across different states in the U.S., including factors considered in child support calculations.
Legal Information Institute – Child Support: Cornell University’s Legal Information Institute provides a comprehensive overview of child support law, including factors that may influence child support obligations.
Child Support Calculator – AllLaw: This tool allows users to estimate child support payments based on various factors, including income, number of children, and custody arrangements.
What's Next?
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Frequently Asked Questions
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