Nevada law requires that both parents support their children. Child support amounts are determined by specific formulas set forth in the state’s statutes. When determining child support amounts, these factors must be followed by the courts; however, judges are permitted to deviate from the formula based on other specific factors that are also set forth in the statutes.
Generally, only the “primary physical custodian” receives child support. Since the “physical custodian” is typically the one providing housing, caring for, and making most of the decisions for the child, the courts generally award child support payments to this parent rather than to the non-custodial parent. When this is the case, only the non-custodial parent’s income is used to determine the amount of the child support. In contrast, when parents share “joint physical custody”, child support is determined using each parent’s income and the statutory formula.
In Nevada, the Family Law code uses specific guideline percentages to calculate child support payments. These guidelines are based on a number of factors including; the non custodial parent’s income, number of children, and any special needs that should be considered.
Nevada has a specific provision for withholding child support directly from the earnings of the parent who has been ordered to pay support. Much like the way taxes are withheld from earnings, this method of paying and receiving child support is often considered an easy and dependable solution for both parties.
There are Nevada Child Support guidelines that the courts use to help determine the correct amount of child support. These will be followed unless both parents agree to an amount that is equal to or greater than those calculated by the guidelines. The court reserves the right to decide and may determine that the Nevada Child Support Guidelines are unjust in specific cases due to special considerations such as: special educational needs of the child, the cost of health insurance, child care and other necessary expenses.