If you’re getting divorced and remarried, you may wonder whether your new spouse’s income will get considered when determining your 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.
- 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.
If you’re concerned about how your new spouse’s income may impact your child support obligations, speaking with an experienced Las Vegas child support attorney is essential.
At The Rosenblum Allen Law Firm, we help our clients understand the laws, and we will advise you on the best course of action to protect your financial interests.
In summary, in most cases, your new spouse’s income will not be considered when determining your child support obligations.
However, this rule has some exceptions, and it’s essential to understand how your financial situation may impact your child support obligations.
Working with an experienced family law attorney ensures that your interests are protected and that you’re fulfilling your obligations to your children per the law.