DIVORCE

Divorce is the termination of a marriage by legal action. A divorce can be initiated by either a joint petition or complaint for divorce. The joint petition for divorce  is a non-adversarial process for  parties who agree to  all the terms of the divorce and file for divorce together. If the parties are not filing for divorce jointly one party will need to file a complaint for divorce.  A complaint for divorce can also be an option if you do know where the other party is residing. See https://www.leg.state.nv.us/nrs/nrs-125.html

The divorce complaint is written by one spouse and served on the other spouse. The complaint includes important information regarding the marriage and the required legal terms. Some of the terms in the complaint include the names of the parties if they have children and states if there is any separate property or community property and debts, child custody, and child or spousal support. The complaint can include other terms depending on the parties circumstances.

Going through a divorce is a stressful and emotional time.  With children and assets involved it is crucial to have an experienced divorce attorney to guide you through the process and protect you and your family’s interests.  Some examples of how Jacovino Law can help with you with the divorce process include:

• Working with you on the terms of your case
• Filing relevant paperwork with the court
• Attending court proceedings including hearings and trials
• Negotiating fair spousal and child support payments
• Helping create a fair custody agreement
• Assisting in determining the division of assets and debts

CHILD SUPPORT

If children are a included in the case a parent will usually have to pay a set monthly amount for Child Support. Child support is mainly based on the type of custody and the parties the income but the Court also considers the following factors:

• The cost of child care
• Any special educational needs of the child
• The cost of transportation
• The amount of time the child spends with each parent
• Insurance
• Other siblings
• Government assistance
• Any other necessary expenses for the benefit of the child and
• The relative income of both parents

*This is not an exhaustive list and other factors may be relevant

Child support helps the child by ensuring a child’s financial needs are met. A parent’s financial obligations to the child does not end with the divorce and may continue past when the child reaches the age of maturity so whether you are paying or receiving child support your child is likely entitled to child support. Contact a family law attorney to determine if the amount you are paying or receiving is an accurate amount.

HOW CHILD SUPPORT IS DETERMINED

The main factors for determining child support is the amount of time the child shares with you and the other parent or the type of custody each parent enjoys and the parent’s income. The court will take into account the best interests of the children, including financial resources and needs, the standard of living the children would have enjoyed if the marriage or separation had not occurred, as well as the physical, emotional, and educational needs of the children. ( other factor and deviations may apply)

Child support normally ends at the child’s age of majority, which is 18, or 19 if a child is in high school and expects to graduate by age 19. In most cases child support automatically terminates at the age of majority unless otherwise specified in the court order.

Child support regulations were updated February 1, 2020. See NAC 425.110

Below are the child support obligations based on a percentage of a parent’s gross monthly income.

For one child:

• 16% of the first $6,000 of the obligor’s monthly gross income
• 8% of monthly gross income over $6,000 but equal to or less than $10,000
• 4% of monthly gross income over $10,000

For two children:

• 22% of the first $6,000 of the obligor’s monthly gross income
• 11% of monthly gross income over $6,000 but equal to or less than $10,000
• 6% of monthly gross income over $10,000

For three children:

• 26% of the first $6,000 of the obligor’s monthly gross income
• 13% of monthly gross income over $6,000 but equal to or less than $10,000
• 6% of monthly gross income over $10,000

For four children:

• 28% of the first $6,000 of the obligor’s monthly gross income
• 14% of monthly gross income over $6,000 but equal to or less than $10,000
• 7% of monthly gross income over $10,0 00

For each additional child, the sum of:

• An additional 2% of the first $6,000 of the obligor’s monthly gross income
• An additional 1% of monthly gross income over $6,000 but equal to or less than $10,000
• An additional 0.5% of monthly gross income over $10,000

If the parents share joint physical custody, then the child support determination still follows the same formula however the amount of support is based on an offset approach.

There are additional steps for split custody arrangements.

CHILD CUSTODY

Divorce is an extremely stressful experience for everyone involved. This can be especially true for  the children.  If the parents do not agree to a custody and visitation time share the judge will use the best interest of the children factors to decide how the parties will share child custody and other children related matters.

There are many factors that a judge will consider when deciding the best interest of the children. The best interests factors come from NRS 125C.0035 and include:

• Any nomination by a parent or a guardian for the child
• The ability of the parents to cooperate to meet the child’s needs
• The mental and physical health of the parents
• The nature of the relationship of the child with each parent
• The physical, developmental and emotional needs of the child
• The nature of the relationship of the child with each parent
• Any history of parental abuse or neglect of the child or a sibling
• Whether a parent has committed an act of domestic violence against the child, parent of the child, or person residing with the child