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Winning Strategies for Dismissing Child Support Arrears

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.

How to Get Child Support Arrears Dismissed

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.

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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.

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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.

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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.

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Additional Resources for You

  • Molly Rosenblum, Esq., our lead attorney, has developed a series of invaluable resources aimed at assisting individuals navigating the complexities of child support matters. These resources, accessible through the Rosenblum Law website, provide detailed information, legal guidance, and support on various aspects of child support, including modifications, arrears, and the impact of new spousal income. Whether you are seeking to understand your obligations, rights, or the legal processes involved, these resources offer clear and helpful insights. Here is a brief overview of the resources tailored to help you:

    1. Child Support Modification: Guidance on how to modify child support orders, including the necessary criteria and legal procedures. Explore child support modification.

    2. Does My New Spouse’s Income Count for Child Support: Insight into how a new spouse’s income might affect child support calculations. Understand the impact of new spousal income on child support.

    3. Las Vegas Child Support: An overview of child support in Las Vegas, including how orders are determined, enforced, and modified. Discover Las Vegas child support information.

    4. Who Has to Pay Child Support in Joint Custody: Clarification on child support responsibilities in joint custody arrangements. Understand child support in joint custody situations.

    5. Las Vegas Child Support Laws: Detailed information on the laws governing child support in Las Vegas, helping you navigate legal obligations and rights. Explore Las Vegas child support laws.

    Through these resources, Molly Rosenblum, Esq., seeks to empower individuals with the knowledge and tools necessary to effectively manage child support issues. We encourage you to utilize these resources to ensure you are well-informed and prepared to address any child support-related challenges you may face.

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Offsite Resources You May Find Helpful

Here are seven resources that can provide more information and support for those seeking to have child support arrears dismissed:

  1. U.S. Department of Health & Human Services – Office of Child Support Enforcement: This federal agency provides information about child support enforcement, including policies on child support arrears.

  2. American Bar Association (ABA) – Family Law Section: The ABA provides resources and support for legal professionals and the public on family law issues, including child support.

  3. National Child Support Enforcement Association (NCSEA): The NCSEA provides resources for professionals in the child support community and the families they serve.

  4. Avvo – Child Support Lawyers: Avvo provides a directory of child support lawyers, along with user ratings and reviews.

  5. Justia – Child Support Lawyers: Justia also provides a directory of family law attorneys who handle child support issues, along with their profiles containing information about their education, awards, and professional associations.

  6. FindLaw – Child Support: FindLaw provides a comprehensive directory of family law lawyers who handle child support issues, with detailed profiles and contact information.

  7. Legal Services Corporation (LSC): The LSC is a nonprofit that provides free legal aid to low-income Americans, which can be helpful if you’re trying to navigate child support arrear issues without the ability to hire a private attorney.

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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.

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