This is the next post in my series on getting back child support in Las Vegas and other Nevada areas. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you are not receiving support that is owed. It is important that you speak with counsel sooner, rather than, later as parents without a support order may only be able to recover a portion of what is owed. This article will follow up on that discussion by explaining the fact that parents may only receive four years of back support in our state. If you are in need of assistance then contact my office today to speak with a lawyer.
When parents who have a child do not reside together, and have no order for custody or support, then a parent may file an action for future child support and for arrearages. When requesting arrearages (back support) one may only go back for a period of four years. This means, for example, that if the parents have never lived together and the child is five years old, then the parent requesting support can only recover money for the last four years. They generally will not be able to request unpaid support from the first year of the child’s life. As I will discuss in my next article, it is possible to toll (meaning “pause”) this statute of limitations.
A parent protects their statute of limitations by filing an action with the Court. This means that once they file a case, requesting custody and support, they may be able to recover support for a period of four years prior to the filing of the case. When determining the amount of support to be paid, the Court must see evidence of how much the paying parent earned during the relevant time frames. The Court will not base back support off of what the parent is earning today. Once the paying parent’s amount of earnings is determined, the Court will issue a support order.
It is common for a parent to claim that they do not owe back support or that the amount should be lowered. Such claims are often based on them taking the position that they have provided funds, or other forms of monetary support, to the child during the relevant time. When determining whether such support was paid, the Court will consider evidence such as the testimony of the parties, bank records, emails and text messages, and any other evidence which may show whether or not support was paid. Given that a four-year support award can be substantial, Courts will typically allow the paying parent to pay the back support over time. New payments must be timely during this period of repayment.
If you or a loved one are in need of assistance then contact my office today to speak with a Las Vegas child support lawyer. I practice solely in the area of family law and am experienced with the handling of cases involving unpaid support. We strive to provide the highest level of service and we look forward to speaking with you.