Legal Guide Regarding Las Vegas, Nevada Child Support Cases

Issues surrounding child support can be stressful and confusing for all parties involved. The reason why it is overwhelming for many is because the well-being of an individual’s child is on the line and emotions often run high. Many parents are unsure of their rights, what is expected of them, and what they are legally entitled to. Conflict can arise in child support cases for several reasons, whether one parent is trying to establish or modify an order. Parents may have differing expectations, financial situations, and misunderstandings. Tension and disagreements over income, expenses, visitation, or how support should be calculated can make it difficult to reach an agreement. We have, therefore, decided to write a guide regarding child support. This guide will discuss how to establish child support, how the Court calculates the support amount, how to request changes to an existing order, and how to collect unpaid child support. We are writing this guide in order to help parents get a clearer understanding of the child support process, their rights, and avoid common mistakes. If you are in need of assistance then contact our office today to speak with a Las Vegas child support lawyer.

This guide is being written to provide information regarding child support issues. Reading this guide should not be considered as a substitute for receiving legal advice. Each child support case is unique with its own facts and special circumstances. It is suggested, therefore, that you speak with a family lawyer as soon as possible. If you would like to schedule a consultation, then contact us online or by telephone today to speak with an attorney. The table of contents below lists the topics which will be discussed in this guide. To navigate to a particular area, simply click “jump to topic.”

How child support is established in Nevada

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The State of Nevada provides multiple avenues to establish child support. Each option has benefits and drawbacks and an individual may choose a path based on their specific circumstances. Parents can make informed decisions that best support the well-being of their children when they have a better understanding of how child support is determined.

Las Vegas parents can establish child support through the Clark County Family Support Division or through the establishment of a child custody order

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There are two primary ways to establish child support in Nevada: through the Clark County Family Support Division or through Family Court proceedings involving divorce or custody.

The Family Support Division is for cases where the parents have never been married and there is no child custody order. Child custody will not be included in such a case.

The Family Support Division has a Child Support Office that helps parents establish child support. The office provides the following services:

1. 1. • Opening a child support case
      • Locating the other parent
      • Establishing parentage
      • Establishing a support order
      • Setting up payments
      • Enforcing the support order
      • Reviewing or modifying the order

This is a government agency that helps parents establish and enforce child support. It is especially useful in cases where the parents have not been married and there is no court order in place. One of the primary benefits to this option is that it does not cost parents anything because it is a government agency. It offers an affordable way to begin receiving child support. A significant drawback to establishing child support in this way is that child custody is not addressed in these proceedings.

Consider this example. Emma and Juan have a two-year-old daughter and were never married. Juan moved out shortly after the child’s birth and the two have no formal legal agreements in place. Emma files a request for child support through the Family Support Division. The agency helps her establish paternity, calculates Juan’s obligation based on his income, and sets up a wage garnishment. However, when Emma starts dating someone new, Juan becomes upset and refuses to return their daughter after a weekend visit. Because no custody order exists, law enforcement is limited in what it can do. Emma now realizes she must file a separate action in Family Court to obtain a custody order that will protect her parenting rights.

Establishing support through the Family Support Division does not resolve custody or visitation issues, so parents may find themselves still experiencing conflict with the other parent over parenting time, holidays, and other important decisions regarding their child. A parent would need to file a separate custody action in Family Court if they wanted a formal custody order.

Parents can establish child support through a divorce or child custody proceeding

The more comprehensive way to establish child support is through divorce or a child custody case in Family Court. Child support is determined as a part of divorce proceedings for parents who are married and filing for a divorce. Either parent has the right to file a child custody action to establish a custody order and child support. This is a good option for parents who were never married as it addresses both child custody and support at the same time. Establishing a formal custody order helps prevent misunderstandings and disputes in the future. It also provides clarity on a variety of parts of an arrangement such as physical custody, visitation schedules, education plans, and more. Some parents may not think it is necessary to have a formal agreement if they are separated but still get along. However, circumstances could always change and it would be best to have a legal arrangement in place in case the co-parenting relationship becomes less than amicable.

The Court will consider a variety of factors to determine the appropriate amount of child support in divorce or custody proceedings. This includes the income of both parents, the amount of time the child spends with each parent, special expenses for healthcare or education, and more. The Court calculates the support payment and then issues an enforceable order that can be used to collect payments. It is generally preferable to establish custody as well as support as it can prevent a wider range of problems.

Las Vegas parents should establish support sooner rather than later due to Nevada’s statute of limitations on back support

Acting promptly in establishing child support is important because of Nevada’s statute of limitations on back payments. Nevada Courts may award a parent up to four years of unpaid child support if the parents are unmarried and do not live together. However, the Court cannot go beyond those four years unless a parent has tolled the limitation. For example, if a parent files for support when the child is five, the Court could only award four years of back support. But if the parent had sent a written demand letter to the other parent shortly after the child was born, the statute of limitations pauses and the Court may award the parent back support from the time of filing to the date the letter was sent.

Acting sooner rather than later protects the parent’s right to recover unpaid support and also ensures the child’s financial needs are met. It is important to establish support formally even if a parent has been willingly, but informally, sending money. The lack of a formal order in place can make it difficult to prove what has been paid or to enforce the payment if the non-custodial parent decides to cease payments.

How child support is calculated in Las Vegas, Nevada

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Child support is used to financially take care of children when parents are no longer together. This is one reason why it is important to ensure it is calculated correctly. Calculating child support in Nevada is guided by laws designed to create fairness and predictability across the board.

Nevada applies a mathematical formula to determine child support

The state of Nevada uses a specific mathematical formula to calculate child support based on a percentage of the noncustodial parent’s gross income. It is adjusted for the number of children receiving support as well. The goal of using a formula is to create a standard and predictable method for calculating support. It aims to remove subjectivity and instead only reflect the needs of the child and financial circumstances of the parents.

Nevada governing laws

Chapter 125B.020 of the Nevada Revised Statutes requires both parents to contribute financially to the child.^[1] The amount each parent should contribute is impacted by several factors such as a custody arrangement, how many children there are, and the gross income of each parent. Courts in Nevada look to Chapter 425 of the Nevada Administrative Code to determine the exact amount a parent should pay monthly. The schedule outlined in NAC 425.140, as of the writing of this guide, is detailed in the table below. It is important to understand that the dollar thresholds can change over time.

Parents may deviate from the formula if they are in agreement and get such an arrangement in writing with the Court. The Court could also deviate from the formula in certain circumstances. Generally, though, child support amounts are calculated with this mathematical formula found in the NAC.

How income is calculated for child support purposes

Income is broadly defined when calculated for determining child support. It includes wages, salaries, bonuses, commissions, and self-reported income. Courts could also consider other sources of income such as unemployment benefits, disability, pensions, alimony, and investment income. Parents are required to submit financial disclosure forms to the Court that detail all sources of income and expenses. Failing to complete these forms or including inaccuracies can lead to penalties. An attorney can help make sure the other parent has truthfully reported their income.

Example of the mathematical formula in use

Consider the following example. Lucy and Evan are divorced and have two children together. Lucy is the custodial parent. Evan earns $6,500 per month in gross income. For two children, Nevada applies a twenty-two percent rate to the first $6,000 and an eleven percent rate to income between $6,000 and $10,000. Evan’s base child support obligation is calculated in the following way: (6,000 * .22) + (500 * .11) = $1,375. From there, the Court could adjust the support obligation depending on various factors.

Las Vegas Family Law Judges will consider whether a parent is “underemployed” when calculating child support

A Court is not limited to the formula typically used. A judge could impute income and calculate support based on a parent’s higher earning potential if it is determined that a parent is intentionally earning less.

When the Court will consider a parent to be “underemployed”

A parent is considered to be underemployed when they voluntarily choose to earn less than they are capable of earning based on their education, experience, and job history. The Court will evaluate whether the underemployment is in good faith or an attempt to reduce child support obligations. It would not be considered underemployment if a parent who earned a high salary was laid off from their job and was actively searching for employment.

Example of underemployment

Consider a non-custodial parent who earned $200,000 per year as an executive. He quit his high paying job to work as a barista on a part-time basis because he was tired of paying so much in child support. The parent makes significantly less in this new role. As a result, the Court may determine that the parent is underemployed and impute income at a higher level.

Las Vegas parents can request an adjustment to child support

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Child support orders are not set in stone. Either parent can request a modification of child support if there has been a substantial change in circumstances or if a certain amount of time has passed since the last order. A child support attorney can help a parent understand when and how to request an adjustment and guide parents through the legal process.

Nevada parents should immediately request a change in child support if circumstances have changed

It is critical to act quickly if either parent’s financial situation has changed significantly. Child support obligations do not stop if a parent loses a job and they also do not automatically increase as income increases. Rather, the existing order remains enforceable until a new one is issued. This means that even if a parent loses a job or takes a pay cut, they are still legally responsible for paying the full amount unless and until the Court modifies the order.

The prior order stays in place and is effective until modified

Many parents are surprised to find out that child support does not automatically adapt to changes in income and other circumstances. But a parent is legally required to continue making their child support payments even if income has changed. Requesting an adjustment as soon as circumstances change is important so that paying parents do not become delinquent or receiving parents do not rely on income that is unreliable. Informal agreements between parents do not override a Court order and can lead to the accumulation of arrears. It is essential to file a Motion to Modify Support right away to avoid falling behind.

Consider the following examples. One parent gets a promotion and agrees informally with the co-parent to pay an increased amount of child support each month. This arrangement works for a few months until the paying parent decides to only pay the original court-ordered amount. The receiving parent cannot legally enforce the higher payments because the lesser amount is what the paying parent is obligated to pay. The receiving parent can request an adjustment to the support order. Conversely, consider a situation where the paying parent loses their job. The parents decide together to pause the child support payments while the paying party looks for new employment. The paying parent is still legally liable for the missed payments without a modified order. Back support can quickly add up to a significant debt which the parent will be required to pay. If the paying parent secures employment but takes a large pay cut, the existing support order remains enforceable. The best course of action when faced with a change in circumstances is to file for a modification immediately.

What are some possible consequences if one does not seek an adjustment

Failing to seek an adjustment when circumstances change can lead to negative consequences. First, the parent responsible for paying child support continues to be legally obligated to pay the amount stated in the original order. This can result in owing a large amount in arrears. The Court has multiple courses of action that it can take to enforce a support order once arrears begin to accumulate. The Court can issue an order which will lead to garnishment of a parent’s wages, seizure of tax refunds, interception of unemployment benefits, suspension of  licenses, and even holding an individual in Contempt of Court. Such a charge could result in jail time in certain cases. Falling behind on payments can have a negative effect on a person’s credit score. Damage to a credit score can make it harder for the paying parent to secure housing, loans, or other services.

Parents receiving child support may also face consequences if the obliged parent stops paying or makes partial payments rather than seeking a court-approved modification. This situation can disrupt the child’s access to basic necessities that child support is meant to cover like food, housing, healthcare, and education. A receiving parent may not be able to make rent or purchase groceries for their child without the obligatory contribution from the co-parent. Both parents and any children involved can suffer significant consequences if adjustments are not formally requested through the Court.

The process of modifying child support begins by filing a Motion with the Clark County Family Court

If a parent believes they qualify for a modification to child support, the process begins with filing a formal Motion to Modify Child Support in the Clark County Family Court. Such a Motion must outline the change in circumstances and be supported by financial documentation.

The process of modifying child support

A parent who wishes to modify a child support order should reach out to an attorney to ensure everything is filed correctly and the modified amount reflects a fair resolution. A lawyer can help a parent file a Motion to Modify Child Support along with documents that demonstrate the current financial realities and the reason for requesting a change. The other parent will be served with the documents and given the opportunity to respond to the filing.

The process may be resolved quickly if both parents agree to the requested change. A judge can review the agreement and sign a new order with modified terms. The case will be scheduled for a Court hearing if there is any disagreement about the need for a change or the amount requested. Both parties may be required to submit additional documents. The Court may request pay stubs, tax returns, or employment records. The judge will evaluate all evidence and determine whether a modification is justified.

The matter will proceed to an evidentiary hearing if there is a dispute over income

The Court will hold a hearing to evaluate the facts when the parties disagree over income. Such a hearing is formal and allows both parties to present evidence and testimony.

Disagreements can arise when one parent claims the other is underemployed or voluntarily earning less than they could. An example of this could be a parent who quits a high paying job to work part time instead. The Court could base the child support amount on the parent’s earning potential rather than what they actually earn. Additional disputes common in these situations include inconsistent income from self-employment, seasonal work, or commission-based jobs. One parent may argue that the other is hiding income through cash jobs or unreported work. The Court will consider a range of evidence at the evidentiary hearing. Documents and testimony could include tax returns, pay stubs, bank statements, business records, and other evidence demonstrating a person’s financial situation. The judge may also consider expert testimony to assess earning capacity. It is important for all parties to be fully truthful and provide complete documentation in these legal matters.

How Las Vegas parents can collect unpaid child support

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Receiving timely child support payments is essential to meeting a child’s needs for many Las Vegas parents. Parents who fail to meet their obligation to pay leave the receiving parent with the burden of covering all expenses alone. Parents who rely on support payments may find themselves in a tough spot. Nevada law provides multiple avenues for custodial parents to collect unpaid or back child support, even years after the payments were missed.

In Nevada, parents have the right to pursue unpaid child support for up to four years if parents who share a child but do not live together have no Court order for custody or support. The first step is to file an action with the Court as doing this protects a parent’s statute of limitations. A parent may claim that they do not owe back support or that they should owe less. The Court bases back support off of what the parent earned during the relevant time frames. The Court will also consider evidence of monetary contributions made during the period. Such evidence could include: testimony, bank records, emails, text messages, proof of transactions, etc.

Consider the following scenario. Mia and James have a five year old child but have never lived together, never married, and never established a formal custody or support order through the Court. Mia has been the child’s primary caregiver and James has contributed small amounts of money through a digital payment app from time to time. Mia decides to file a custody and support action when the child turns five. Under Nevada law, Mia may seek back support for only the four years prior to the filing of the case. So even though James did not consistently offer support during the child’s first year of life, Mia cannot legally recover support for that year. The Court will consider James’s income from years two through five to calculate arrears. If James made $30,000 annually between years two and five and recently saw a dramatic increase in income to $100,000, the Court would not base the back support on his current income.

Chapter 125B.050 of the NRS allows the statute of limitations to be tolled–or paused–if the parent sent a written letter to the last known address of the other parent.^[3] Tolling essentially pauses the running of the statute of limitations. An example of this would be if one parent sends the other a letter requesting they start paying child support but the letter is ignored. Years later, the parent who sent the letter files a custody and support action. Because the statute of limitations was paused, the parent can request back support going back to the time the letter was sent even if it amounts to longer than four years. Parents who are being requested to pay back support commonly claim the letter was not received. The Court considers evidence such as proof of a certified letter, correspondence between the parties, and more. Without sufficient evidence that a demand was sent, the Court may only allow back support of a period of four years rather than the full amount.

A parent can file a Complaint for Child Custody with the Clark County Family Court in order to collect unpaid child support. An attorney can help a parent with all necessary Court filings. A Motion for Temporary Orders allows the Court to enter a temporary solution while the case is ongoing. An agreement can often be reached through mediation. However, trial is the next step if an agreement is not made out of Court. Parents who already have a custody order in place may file a Motion for Arrearages and To Show Cause with the Court. The Court determines whether the parent being requested support from is in arrears and orders payments to be caught up if so.

Back support is calculated by determining what the payments should have been based on the paying party’s income during the time they should have been making contributions. The Court subtracts any payments that were made to the receiving parent during the time in question. The Nevada Administrative Code Chapter 425 provides that child support is determined based on a schedule.^[4] Consider two parents who never married but share a three year old child. The primary caregiver parent files for back support from the other parent who earned an average of $4,800 per month during the three years of the child’s life. Nevada’s guidelines for one child is sixteen percent of the first $6,000 gross monthly income. In this situation, the paying parent may owe $23,040 in back support ($4,800 * .16 * 36 months). Because back support can be a large sum of money, the Court may order the paying parent to pay the current support payment monthly along with a certain amount toward the arrears to be fully paid over time. The Judge could hold a parent in Contempt if they choose not to meet their support obligations. A Court could also enforce a judgment through garnishing wages of the paying party or asset forfeiture. An attorney can help determine the best path forward if you find yourself considering the best way to collect unpaid support.

The payment of child support does not impact Nevada child custody

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Two of the most pressing issues that parents face after a separation, or divorce if the parents are married, are child custody and child support. A common misconception in Nevada family law is that the payment or nonpayment of child support directly affects a parent’s custody or visitation rights. The end of a relationship and establishing new realities for families with children can be understandably emotionally charged and misunderstandings commonly arise. But it is important to clarify that custody and support are distinct legal issues under Nevada law. One does not control the other.

Custody and support are independent of one another

The state of Nevada treats child custody and child support as separate matters. Each is evaluated based on different legal standards. Chapter 125C.0035 of the Nevada Revised Statutes states that the sole consideration of the Court in determining physical custody of a minor is the best interest of the child.^[5]

The statute continues on to provide that “…in determining the best interest of the child, the court shall consider and set forth its specific findings concerning, among other things:

(a) The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his or her physical custody.

(b) Any nomination of a guardian for the child by a parent.

(c) Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent.

(d) The level of conflict between the parents.

(e) The ability of the parents to cooperate to meet the needs of the child.

(f) The mental and physical health of the parents.

(g) The physical, developmental and emotional needs of the child.

(h) The nature of the relationship of the child with each parent.

(i) The ability of the child to maintain a relationship with any sibling.

(j) Any history of parental abuse or neglect of the child or a sibling of the child.

(k) Whether either parent or any other person seeking physical custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child.

(l) Whether either parent or any other person seeking physical custody has committed any act of abduction against the child or any other child.”^[6]

One factor that is missing from the list in Nevada’s statute is a parent’s ability to pay or proof of paying child support. Child support is governed by a separate set of statutes in Nevada. Chapter 125B.020 of the Nevada Revised Statutes addresses the parent’s obligation “to provide the child necessary maintenance, health care, education and support.”^[7] A parent does have the freedom not to have custody or visitation as a Court cannot force a person to show up for their children. However, child support is not optional and there are legal remedies to be pursued in the case an individual refuses to pay. The goal of child support is to ensure that a child’s financial needs are met regardless of the custodial arrangement. A parent cannot withhold child support payments as leverage for custody or visitation. Similarly, a parent cannot deny the other parent access to a child because child support payments have lapsed.    

This independence is often misunderstood on both sides

The independence of child custody and child support is often misunderstood by parents on both sides of the support. It is not uncommon for a parent who pays child support to the other to believe they should not have to pay child support if they are not being granted the amount of parenting time they desire or believe they deserve. Conversely, some parents receiving child support payments incorrectly assume they are within their right to withhold access to the child if support payments fall behind.

Both of these positions are incorrect under Nevada law. Courts do not look favorably upon parents who attempt to connect the two issues. Just because there is a common misunderstanding here does not mean it is an issue the Court takes lightly. A Court may find a parent who withholds visitation in contempt or even have custody modified against them. A parent who stops paying support due to discontent with a custody arrangement puts themselves at risk of wage garnishment, tax refund interception, suspension of driver’s licenses, and other legal consequences. Parents should also keep in mind that child support is a right that belongs to the child rather than the receiving parent. Withholding child support because of custody issues or withholding visitation because of support issues can cause greater conflict between parents and ultimately hurt the child.

Consider the following examples. Amanda and Jake share joint physical custody of their two children, but Jake is required to pay child support due to his higher income. When he falls behind on payments, Amanda begins denying him weekend visits, believing she is justified in doing so until he catches up. Unfortunately, this misunderstanding leads to Jake filing a motion for contempt and custody modification. The Court finds that Amanda’s actions are not in the children’s best interests and temporarily reduces her custodial time. In another case, Brandon is ordered to pay child support but feels it is unfair because he only sees his son on alternate weekends. When his ex-wife Hilary refuses to give him more time with their child, Brandon stops paying support altogether, believing he has no other recourse. Instead of helping his case, this action results in wage garnishment and a judgment for arrears. The Court also views his refusal to pay as an indication that he may not prioritize his child’s needs, undermining his request for increased custody.

Some possible ramifications of one side not understanding this

One or both parents’ failure to understand the legal separation between custody and support can lead to serious consequences for both the parents and child. A parent who denies access to their child due to unpaid support may find themselves facing contempt of court or a petition for custody modification. The Court could interpret their actions as not being in the child’s best interest, which is the sole consideration of custody arrangement determination in Nevada. On the other hand, a parent who stops paying support due to withheld visitation may face wage garnishment, a hit to their credit, and potential jail time due to Contempt. Their failure to meet a legal obligation does not reflect well on them in the eyes of the Court either. The Court could view failure to pay as a sign of irresponsibility or lack of concern for taking care of the child’s needs.

Misunderstandings about the separation of custody and support and actions taken because of such misconceptions can prolong litigation, increase legal fees, and place an emotional toll on any children involved. It is critical that parents understand these basic realities in order to protect their children’s well-being and avoid serious and costly mistakes. An attorney can help by offering guidance on what action to take when presented with an issue.

Contact a Las Vegas child support attorney for assistance

Contact our office today to speak with a Las Vegas attorney if you need assistance establishing, modifying, or enforcing a Nevada child support order. Amber Robinson is an experienced lawyer who takes pride in providing excellent service. We understand that nothing is more important than making sure your child is taken care of. Having an attorney who knows what questions to ask and how to ensure that financials are properly reported is essential for getting the right amount in child support. A child support lawyer can also advocate on your behalf in Court by presenting evidence of income and expenses, calculating support amounts using Nevada’s state guidelines, and seeking legal remedies like wage garnishment or contempt proceedings if the need arises.

Reach out today to schedule an initial consultation. Robinson Law Group is a law office in Las Vegas, Nevada offering effective and affordable representation in family law matters including child support. Additional areas served include Henderson, Summerlin, Boulder City, and other Clark County, Nevada areas.

References

^[1] See Nevada Revised Statutes (NRS 125B.020 (1)) accessed on April 10, 2025 at https://www.leg.state.nv.us/NRS/NRS-125B.html#NRS125BSec020

^[2] See Nevada Administrative Code (NAC 425.140) accessed on April 10, 2025 at https://www.leg.state.nv.us/NAC/NAC-425.html#NAC425Sec140\

^[3] See Nevada Revised Statutes (NRS 125B.050 (1)) accessed on April 10, 2025 at https://www.leg.state.nv.us/NRS/NRS-125B.html#NRS125BSec050

^[4] See Nevada Administrative Code (NAC 425.140) accessed on April 10, 2025 at https://www.leg.state.nv.us/nac/NAC-425.html?utm_source=chatgpt.com#NAC425Sec140

^[5] See Nevada Revised Statutes (NRS 125C.0035(1)) accessed on April 8, 2025 at https://www.leg.state.nv.us/NRS/NRS-125C.html#NRS125CSec0035

^[6] See Nevada Revised Statutes (NRS 125C.0035(4)) accessed on April 8, 2025 at https://www.leg.state.nv.us/NRS/NRS-125C.html#NRS125CSec0035

^[7] See Nevada Revised Statutes (NRS 125B.020 (1) accessed on April 8, 2025 at https://www.leg.state.nv.us/NRS/NRS-125B.html#NRS125BSec080