This is the next post in my series on collecting back child support in Las Vegas and other Nevada areas. My last article discussed how parents may collect unpaid support. The process of doing so will begin with the filing of a Complaint for Child Custody. Litigating a custody case can quickly become complicated and it is suggested that you retain an attorney to assist you. In this article I will explain how back support is calculated in our state. If you are in need of legal assistance then contact my office today to speak with a lawyer.
Back child support will be calculated by determining the income of the paying party during the relevant time frame and reaching a calculation of what should have been paid during that time. Any payments that were made to the receiving party during the time frame (if there were any) will be subtracted from the amount due. The income to be included in the calculation includes wages, business profits, independent contractor payments, government payments, dividends, alimony received, and more. As of July, 2024 the parent will pay sixteen percent of their first $6,000 of gross monthly. The percentage paid will drop as income increases. They may also receive a reduction in the amount due if they have been supporting another child during the relevant time period.
The foregoing is best explained by way of example. Suppose Jack and Jill are unmarried and have an eighteen month old child in common. Jack has never supported the child and Jill files a child custody action. During the eighteen months of the child’s life, it is shown that Jack had an average income of $5,500 per month. In addition to paying support going forward, Jack may also owe $15,840 in back support [$5,500 x 18 months x 16%]. Jack will also typically owe one-half of any medical expenses which Jill has incurred and he will be responsible for his share of medical expenses going forward.
A key factor the Court will look to is whether the paying party was “underemployed” during the relevant period. I have previously discussed how underemployment impacts Nevada child support. If the Court finds that the paying party was earning less than what they were capable of during the relevant period, and they were not making an effort to increase their income, then there may be a requirement that back support be based on what they could have earned. As an example, if Jack were a construction worker who “took time off” for several months because he “felt like it.” When the Court is determining Jack’s income for the relevant support period, there is a chance that the Court will impute income for the time that Jack took off. Whether or not a Court will consider someone underemployed will always be based on the specifics of the case.
If you or a family member are in need of assistance then contact my office today to speak with a Las Vegas child support lawyer. I have handled many cases involving unpaid support and my office will give your case the attention it deserves. Contact us online or by telephone to schedule an initial consultation.