This is the next post in my series on collecting back or unpaid child support in Las Vegas and other Nevada areas. My last article discussed tolling Nevada’s four-year limitation on back child support. It is important to note that one should typically take action to pause the limitation if they are considering collecting support in the future. An attorney can assist you with this process. In this article I will discuss the process of collecting back support. If you or a family member are in need of assistance then contact my office today to speak with a lawyer.
Back child support will be ordered as part of a Nevada child custody case
I have previously discussed that Nevada parents can collect four years of back child support if they have never had a custody order in place. The first step in collecting this support is to file a Complaint for Child Custody with the Clark County Family Court. The Complaint will be served upon the other parent and they will file an Answer. A Motion for Temporary Orders will be filed early in the process. This allows the Court to enter a temporary solution regarding custody, visitation, and support while the case is pending. The parties will also be ordered to mediation to attempt to resolve all aspects of custody and visitation. If an agreement is reached at mediation then the case will often resolve shortly thereafter. If an agreement is not reached on all issues, including support, then the matter will proceed to trial.
If a parent is seeking back support then filing a child custody case can be the best way to ensure that a complete solution is obtained. While child support can be sought through the District Attorney’s Office, any support order will not include provisions regarding custody or visitation. This means that several problems may still exist between the parties. By filing a custody case, one makes sure that all outstanding issues are resolved.
If Las Vegas parents have an existing custody order, then they may file to collect arrearages
It is common for the parties to have a child custody order in place but an obligor is failing to pay their child support. In this situation one does not need to file a new case. A Motion For Arrearages and To Show Cause can be filed with the Court. In this Motion, the requesting party will state the amount of support owed and will include a breakdown of how that calculation was reached. The other party will appear and will be required to show cause as to why a contempt hearing should not be held. If the Court finds that the offending party is in arrears then the Judge will order that payments be made on time going forward. A payment schedule for the arrearages will also be developed. The amount of time which the Court will give to pay off the arrears will depend on the specifics of the case.
If you or a family member are dealing with unpaid child support then contact my office today to speak with a Las Vegas family law attorney. I practice solely in the area of domestic relations law and my firm strives to provide the highest level of service. Contact us online or by telephone today to schedule a consultation. We look forward to working with you.