This is the next post in my series that is meant to explain the process of asking the Clark County Family Court for a reduction of child support. My last post explained how the Court determines annual income when a parent works in a tip based service job. In this post I will explain the process of asking the Court for a child support reduction. If you are going through a child support dispute then it is good to contact an attorney.
A Las Vegas lawyer may file a motion with the Court requesting a reduction to the child support order
The first step in having a child support payment reduced is having one’s attorney file a motion with the Court which requests a hearing to have the current payment reduced. In the motion, your lawyer must state the reason for one’s request. The Court will only view a few select reasons as valid for reducing a set child support payment. Viable reasons may include one’s income being permanently reduced by 20% or more, either do to a layoff, demotion, or reduction in business- whether one’s own business or the business they work for on tips or commission. A second reason one may give is if they have had a child with another person and have now been ordered to pay another child support on top of their current payment. A third reason one may give is if an adult dependent, such as an elderly parent, has recently come to live with the paying party. A final reason one may give is if they have recently become either temporarily or permanently disabled, and the disability has affected their earning power.
At the scheduled hearing a Judge will review the documentation submitted by one’s attorney that proves the new financial information stated. During this hearing, a Judge has several options. They may determine that one’s income has not significantly or permanently changed, or that one has the means to make the payments, and outright deny the request. If one has been recently laid off, but has strong job skills, experience, and employability, a Judge may temporarily reduce payments but require that the parent make every effort to find new employment immediately. If a parent works in a service industry position, and the entire market’s salaries and business is in a downshift, the Judge may adjust one’s payments accordingly. It is important to remember that every two years, both the paying and receiving parent have the right to request an income review, so no order is ever truly “permanent” if one works in a job where their salary frequently goes up or down.
If you need a child support payment reduction contact a Las Vegas attorney immediately
The most important thing to remember is always continue to make child support payments in full until the Court tells you otherwise. If one believes that they will have trouble continuing to make their current payments, contact an attorney immediately. The Court is far more likely to work with one who has taken the responsible steps of asking for help, rather than one who has simply stopped addressing their responsibilities. Do not wait until your situation has become dire. Contact our office today to speak with a Las Vegas attorney.