Divorce Decree Modifications

Certain issues previously decided in a divorce decree may be modified by by one of the parties requesting the court for a modification. Modifications can also be agreed upon by both parties without a court. Usually, child support, child custody, and child visitation can be modified if there has been a substantial change in circumstances.

Examples of changes in circumstances

• The loss of a job
• More than a 20% change in income
• One Parent looking to move out of Nevada
• New criminal charges against one of the parents

Child Support

The majority of divorce decree modifications requested are related to child support. Under Nevada a law a child support order can be reviewed every three years or when there has been a significant change in financial circumstances. The Nevada law considers a 20% or more change in gross income a significant change in financial circumstances. At the court hearing the current financial  verification of the parent ordered to pay child support will be reviewed and child support amounts will be ordered pursuant to the current child support formulas.

Child Custody

Situations may arise that warrant a modification in the child custody order; change of work schedule, a desire to leave Nevada with the child(ren), criminal charges, "best interest of the child", etc. In the case of Ellis v. Carucci (2007), the Nevada Supreme Court ruled that the parent seeking modification will need to provide convincing evidence that there has been a substantial change in circumstances to warrant the change in custody and that the change is in the best interest of the child(ren).

Property & Debt Division

Property & debt division is typically not modifiable. The division of real property, savings accounts, IRA's, 401(k), other assets and debts are examples of property that once divided are not easily able to be altered. In a few extraordinary circumstances, such as fraud, a party may petition the court to revisit the property division.

The Divorce & Child custody Lawyers at Rocheleau Law can provide you with the assistance needed to modify your decree. Call (702) 914-0400 to schedule a consult.