This is the next post in my series on dealing with underemployment in Las Vegas, Nevada child support cases. My last article discussed how the discovery process can be used to prove underemployment. It is important to understand that discovery is a complicated process and that if the proper procedures are not followed then the other party may not be required to provide answers. To ensure that matters are handled properly it is best to retain a family law attorney. In this article I will discuss the process of collecting child support arrears. If you need assistance then call my office today to speak with a lawyer.
I have previously discussed how the Clark County Family Court handles unpaid child support cases. In cases involving underemployment one will deal with a different process. If a Moving Party successfully shows that a party is underemployed then the Court will not typically require payment for periods before the current Motion was filed. In other words, if a parent files a Motion to adjust child support on July 1st, claiming that a parent is underemployed, then a Judge will typically order that higher payments be made for the period beginning July 1st; Courts would be hesitant to go back beyond that time. This is one of the reasons why it is crucial to go to Court as soon as possible if you believe your counterpart is underemployed.
Collecting on child support arrears, however, constitutes a different situation. Arrears occur when a party is under a Court Order to pay a certain amount of child support and they are failing to do so. Under such a situation the first step is to file a Schedule of Arrears and a Motion with the Court. The Motion will request that the non-paying party appear and “show cause” as to why they should not be held in contempt of Court. If the non-paying person is found to be in contempt then they will likely be required to pay the moving party’s legal fees and they may face jail time. This is in addition to interest and penalties that they will be required to pay on top of the original child support amount that is owed.
It is understandable that child support is a sensitive subject between Las Vegas parents. If you believe that you are not receiving a fair amount, however, then it is important to speak with counsel. Again, the longer you wait to speak with an attorney then the more likely it is that you will not be able to recover the full amount which you believe you are owed. If you have questions about your rights or the process then contact my office today to speak with a lawyer.