Reviewing Current Nevada Child Support Orders

Where the Las Vegas Family Law Court rules one parent to have "primary" physical custody, Nevada child support statutes dictate that the non-primary custody parent is to pay child support income to the parent with primary physical custody. The percentage of income begins with 18% for one child and increasing with each additional child, subject to a statutory maximum. See chart for child support percentages and monthly maximums.

When the Las Vegas court awards both parents "joint" physical custody an offset formula is used to calculate the monthly child support amount. To calculate the offset formula multiply Nevada's child support percentages against each parent’s income to determine the amount that each parent would be required to pay to the other parent. The smaller amount is subtracted from the larger amount. The difference is paid by the parent with the larger monthly calculation to the other parent. This is referred to as child support offset.

"Joint” Physical Custody Child Support Offset Example

Dad's Monthly Income of $40,000, One Child 18%, equals $599 in child support

Mom's Monthly Income of $45,000, One Child, 18%, equals $675 in child support

Subtract Dad's calculated monthly amount of $599 from Mom's calculated monthly amount of $675 The monthly difference, or offset, is $76. Mom will be required by the Las Vegas Family Law Court oto pay Dad $76 in monthly child support.

With the calculation of child support being dependent on the label of "primary" or "joint" physical custody, the label becomes critical. However, this "label" and relevant child support calculations were recently discussed by the Nevada Supreme court in the case of Rivero v. Rivero (125 Nev_, 216 P.3rd 213 (2009)) (or in the Las Vegas legal community more commonly referred to as Rivero II). The court ruled that the amount of actual time spent with the child may be more important than the label provided in the decree or court order

The Supreme Court states that no matter if the order provides that both parents are to have joint physical custody or one parent to have primary physical custody, that if it can be determined one parent physically has the child more than 60% of the time, then that parent has primary physical custody.

The Las Vegas court calculates this percentage by looking back over the previous year and calculating the number of days a parent has physical custody of the child. Here is a sample of the percentage of time that a parent may have custody of a child under some of the more typical child custody scenarios:

• Every other weekend = 14%
• Two weekends per month and all 5th weekends in a month = 15%
• Every other weekend plus two (2) weeks in the summer = 20%
• Alternating extended weekends = 21%
• Every weekend = 29%
• 4/3 custody split = 43%
• Alternating weeks = 50%

Under Rivero II, the Court are not to count hours, or partial days. Instead, for days where custody is divided between parents, the court must determine who had primary decision making authority for the child that day and then that day is given to that parent for calculation purposes. This, of course, introduces plenty of wiggle room into the court's determining of primary or joint custody.

In light of Rivero II decision, parents should review their current physical custody arrangement and determine if child support is being correctly calculated. Also, when establishing initial timeshare, parents should be aware that anything less than 60% could result in a child support offset.

Contact a Child Custody Attorney at (702) 914-0400.