If you have been notified by a judge or the District Attorney’s office that you have unpaid Nevada child support arrears and want to find out how to get child support arrears dismissed or reduced, there are steps you can take.
This guide offers some options that might be helpful in reducing your back Las Vegas child support.
File a Motion to Establish Your Child Support
You can ask the court to change how much you need to pay for your child’s support. You will need to give the judge proof of your earnings from the years you want them to look at. This could be done with your tax returns and paycheck slips. This also applies to non-custodial parents.
Negotiate Your Child Support
Non-custodial parents, you can talk to your ex and try to agree on a new amount for past child support arrears. You can also speak to the DA about this. If you can pay all the back payments at once, your ex might be willing to accept that. So you can still work things out even if you’ve missed payments in the past!
Demonstrate the Child Lived With You – Show You Have Custody of The Child
If you can show the Court the minor child lived with you at least 40% of the time, you may be able to petition the Court for a reduction in child support. Non-custodial parents (AKA, should always look into this strategy. Under Nevada law, joint custody is a 60/40 arrangement. As a result, as a custodial parent you may be entitled to a recalculation of back child support, if you can show you actually had custody of the child at least 40% of the time.
File a Motion to Set Aside the Court Order That Establishes Your Child Support
Often, Non-Custodial Parents do not receive proper notice, the calculation is incorrect or the parent was never served with a motion. You can move to set aside all or part of the child support arrears judgment in these circumstances.
Ask the Court for a Payment Plan of Your Child Support Arrears
If you are obligated to pay a child support payment judgment, ask the Court to set a reasonable payment plan. Be prepared to show the Court your income, your monthly expenses, and other extraordinary circumstances. In some cases, the Court may be willing to make your arrears payment a nominal amount in order to accommodate these circumstances.
Modify Your Current Child Support
It is important to ensure that your current child support payments support obligation is accurate. If your current obligation was calculated incorrectly, you may be entitled to an off-set of the overage against any arrears.
If you are experiencing a negative financial situation due to back child support payment, you should take action immediately.
Conclusion
Navigating the complexities of child support arrears in Nevada can be daunting.
However, there are strategies you can employ to reduce these arrears or get them dismissed.
From filing a motion to establish your child support, negotiating your child support, showing proof of custody, and asking the court for a payment plan, these options help you manage your financial responsibilities more effectively.
Also, it’s crucial not to overlook the importance of correct calculations in your current child support.
A miscalculation can lead to overpayment, which can be offset against any arrears. Don’t delay taking action if you are in a negative financial situation due to child support arrears.
Consult a legal professional to guide you through the process and help you make the most informed decisions.
Remember, while this guide provides some general steps you can take, every situation is unique and may require a slightly different approach.
Therefore, seeking professional legal advice is always recommended to understand your rights and obligations fully.
The ultimate goal is to ensure your child’s best interests and that your financial circumstances are considered.
Frequently Asked Questions
1. How can I get my child support arrears dismissed or reduced in Nevada?
You can take several steps to get your child support arrears dismissed or reduced. These include filing a motion to establish your child support, negotiating your child support, demonstrating custody of the child, filing a motion to set aside the court order that shows your child support, asking the court for a payment plan, and modifying your current child support.
2. What documentation must I provide to establish my child support?
You must provide proof of your earnings from the years you want the court to consider. This can be done with your tax returns and paycheck slips.
3. How can I negotiate my child support?
You can negotiate your child support by talking to your ex and agreeing on a new amount for past child support arrears. You can also discuss this with the District Attorney’s office.
4. What if the child lived with me for a significant time?
If you can prove the child lived with you at least 40% of the time, you can petition the court for a reduction in child support.
5. Can I ask the court for a payment plan for my child support arrears?
Yes, you can ask the court to set a reasonable payment plan. Be prepared to show your income, monthly expenses, and other extraordinary circumstances.
6. What if my current child support was miscalculated?
If your current child support obligation was miscalculated, you may be entitled to an offset of the overage against any arrears.
7. What should I do if I face financial hardship due to child support arrears?
If you’re experiencing a negative financial situation due to back child support payment, you should immediately consult with a legal professional and consider the steps outlined above.
Glossary
Arrears: Unpaid child support that has accumulated over time.
Child Support: Financial payments made by a non-custodial parent to the custodial parent to help cover the costs of raising a child.
Custodial Parent: The parent who usually has physical custody of a child.
District Attorney’s Office (DA’s Office): The public official representing the state or federal government in legal matters, including child support cases.
Motion: A request to the court for a specific action.
Non-Custodial Parent: The parent who does not have physical custody of a child most of the time but may have visitation rights.
Payment Plan: An agreement to pay off a debt over an extended period with set payments.
Set Aside: In a legal context, to set aside means to void or annul a legal judgment or order.
Tax Returns: Documents filed with the tax authorities that report income, expenses, and other relevant financial information. In this case, they are used to establish income to calculate child support payments.
Joint Custody: A type of child custody that means a minor child’s legal rights and responsibilities are shared equally between the parents.
Paycheck Slips: Documents that an employer gives an employee to show that they have been paid, how much they were paid, and how much was withheld for taxes and other deductions. These are used to establish income for the calculation of child support payments.
Additional Resources for You
Molly Rosenblum, Esq., our lead attorney, has created a range of resources to guide you in your time of need. Here are some valuable resources:
- Do You Have Child Custody Questions?
- Tips For Modifying Nevada Child Support
- Nevada Child Support
- Do I Still Have to Pay Child Support If I Have Joint Custody?
- 5 Things Fathers Should Know About Child Custody
- Unmarried Parents? Win Your Custody Battle Now!
- Avoid These Mistakes to Keep Custody
- Grandparents Rights in Nevada
- 103 Things Mothers Should Know About Child Custody in Nevada
- What are the 5 Types of Custody?
- How Do You Get Full Custody of a Child
- How Do You Win a Custody Battle in Nevada?
- How Much is a Custody Lawyer?
- Reasons a Mother Can Lose Custody in Las Vegas
- What Not To Say In Child Custody Mediation
A Special Message from Our Lead Attorney
Author
Thank you so much for taking the time to read through these resources. I understand how challenging and complex these matters can be, and I want you to know that you’re not alone in this journey.
We are committed to providing expert guidance and support at The Rosenblum Allen Law Firm. If you have any questions or if you need more personalized advice, please reach out to us. Our team is ready and eager to help you navigate your situation clearly and confidently.
Please call us at (702) 433-2889. We’re only a phone call away and here to help you.
