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View Full Version : If my ex has two of our kids and I have one how is child support determined?


curiousdad
Mar 30, 2011, 08:58 PM
I live in the state of Nevada and I have 3 kids with my ex and she currently has custody of all 3 of them. One of the children would like to live with me and she has agreed. I was just curious how if at all this would affect my child support. Even if it has no affect at all I will still let him live with me I just wanted to know.

GV70
Mar 30, 2011, 09:17 PM
Nevada uses the "Income Shares" method to determine child support, meaning that the level of support is based on a percentage of the non-custodial parent's gross income.

“Gross monthly income” is defined as "the total amount of income received each month from any source of a person who is not self-employed, or the gross income from any source of a self-employed person, after deduction of all legitimate business expenses, but without deduction for personal income taxes, contributions for retirement benefits, contributions to a pension or for any other personal expenses."

Gross income should be multiplied by the following percentages to determine the correct child support amount:

(1) For one child, 18 percent;

(2) For two children, 25 percent;

(3) For three children, 29 percent;

(4) For four children, 31 percent; and

(5) For each additional child, an additional 2 percent,

The minimum amount of support that may be awarded by a court in any case is $100 per month per child, unless the court makes a written finding that the obligor is unable to pay the minimum amount. Willful underemployment or unemployment is not a sufficient cause to deviate from the awarding of at least the minimum amount.

However, there is also a presumptive maximum amount of child support the court can order. The presumptive maximum amount is adjusted annually, and you can view the current presumptive amounts here.

-From the Nevada Revised Statutes 125B.070

Nevada child support award takes into account only:
1.How much you earn
2.How much your ex earns
3.How many children you have; and
4.What percentage of time the children are under each parent's care and control.

The previous court order is valid until modification...

curiousdad
Mar 31, 2011, 01:27 AM
Ok but do they figure the child support if I have one of our kids and she has two of them? She does not work and live solely off her child support and food stamps.

AK lawyer
Mar 31, 2011, 06:42 AM
Ok but do they figure the child support if I have one of our kids and she has two of them? She does not work and live solely off of her child support and food stamps.

You figure out how much she should pay you for supporting the one kid; figure out how much you should pay her for supporting the other two kids; and then calculate the difference.

Presumably Nevada, like other states, attributes to a non-working parent the amount she could make were she employed, and calculates her child support obligation based upon that attributed income.

GV70
Mar 31, 2011, 08:39 AM
Ok but do they figure the child support if I have one of our kids and she has two of them? She does not work and live solely off of her child support and food stamps.
OK-let's see an example.
Your monthly income is $4,000 and her income is zero.
If she is the custodial parent of three you will pay $ 1,160.
If she is the custodial parent of two and you are the custodial parent of one child then you have to pay $ 1,000 but she has to pay $100./The minimum amount of support that may be awarded by a court in any case is $100 per month per child, unless the court makes a written finding that the obligor is unable to pay the minimum amount. Willful underemployment or unemployment is not a sufficient cause to deviate from the awarding of at least the minimum amount.Nevada Revised Statutes 125B.070/
Thus your payment will be $900. / 1,000-100=900/ instead 1,160.

AK lawyer
Mar 31, 2011, 11:33 AM
"Willful underemployment or unemployment is not a sufficient cause to deviate from the awarding of at least the minimum amount."

An important part here is "at least".

Curiousdad didn't say whether her unemployment is willful. But if she could be working, but instead chooses to live off CS and food stamps, CS that she owes could be figured on the basis of a higher income.