Skip to main content
Kurt A. Smith
Avvo
Pro

Kurt Smith’s Answers

67 total


  • My daughter in-law is considering divorce. they are separated now.

    She spoke with an attorney who told her because she made more money than he did last year(she works on commission) her husband will not have to pay child support. They have one child. He left with her all the household bills......he has cheated be...

    Kurt’s Answer

    Nevada is a no-fault state, meaning that things like affairs and who left who are generally not considered in the decisions regarding things like alimony, child support, division of assets, and or division of debts. With regard to support payments, litigants must fill out Financial Disclosure Forms to be submitted with their paperwork. That FDF discloses a Party's CURRENT income and their last 3 pay stubs as verification of that income. Accordingly, what would be considered first is your daughter in-law's CURRENT income. Her ex COULD claim that her PRESENT income is not indicative of her TRUE income and pull in tax returns from the last three years. However, if she can demonstrate why her present income is lower (new job, wage reduction , etc.), then she may be able to effectively combat that argument.

    See question 
  • Can I travel across the states borders with my children?

    The father of my youngest and I are not married. He's only my boyfriend. He's not paying child support. We aren't living together. He's not really providing anything for her except to pay our rent and other minor things like internet. We hard...

    Kurt’s Answer

    Your question is one posed by many others in your same situation. The problem with your question is that there are multiple issues that are raised by your question, the answers to which vary on a case by case basis. Has there been domestic violence? Are you working? Do you have any means of support? What is the father's relationship like with the child? The best answer to your question, however, is that whatever YOU decide to do, the decision must be yours and you must be prepared to deal with the consequences. If you leave without either Dad's written permission or that of the Court, the Court could order you to come back. If you are prepared for that potential eventuality, then the decision as to whether you should relocate comes down to what the circumstances are for you here and what they would be in the state to which you are moving. Please feel free to call my office for a more in depth discussion.

    See question 
  • Who can I look for legal advice about my rights as a father of my child

    My daughter lives in Milwaukee and her mom won't answer my calls and lies to my daughter about who her real father is, what can I do . I pay child support

    Kurt’s Answer

    You need to call a Family Law attorney in Milwaukee.

    See question 
  • What is a de facto standard?

    Does a de facto standard has a relevance in family law?

    Kurt’s Answer

    When a litigant asks a judge to apply a "de facto standard", he is asking the court to make whatever is happening now the court's order. Officially, the court has no basis to apply a "de facto" standard. In Child Custody matters, for example, the court must apply the NRS 125.480 standards in making the parties' order. But courts often, at least on a temporary basis, make the Parties' current behavior the Court's Order until the Parties have a chance to mediate or litigate the issues.

    See question 
  • Child support rights

    im a female who has a 15 year old son who lived with my mother in alabama for most of his life...i myself have helped my mother with him even though she has not let me be involved in his life and not because i have did anything wrong it was just h...

    Kurt’s Answer

    There are some serious issues that you ought to be considering regarding custody. However, since it appears as if the child is in Alabama, you will need to address those in Alabama.

    With regard to the child support, the bottom line is you will have to pay it. However, the Child Support Court will give you credit for payments you have already made. They will ask for a list of those payments and ask your mother to dilute those that she does not believe are accurate. For any disputed payments, you will need to provide evidence of those payments. Moving forward, Child support will be assessed at 18% of your gross monthly income, subject to any applicable statutory maximums. You may also be able to get reductions in any gross child support order pased on things such as insurance provided for the child, payment of support for other children, etc.

    See question 
  • Can I take the mistress of my husband to court because he is financially supporting her and is squandering community money.

    I am 66 years old, in remission from breast cancer since April 2014, married for 30 years and my husband is having an affair with a 20 year younger woman for the past 5 years. He created enormous debt and I am responsible for that as well. I suffe...

    Kurt’s Answer

    I will leave the answer to your main question to an attorney in town who has successfully prosecuted such a case. However, the answer that I would typically provide to someone in your situation is that in the divorce that you file against your husband, you may make a marital waste claim and get reimbursed for one-half of the monies your husband has inappropriately spent on his mistress. You may also ask the court to assign any debts incurred due to your husband's clandestine activities solely to him.

    See question 
  • Does the attorney work for you or you for your attorney?

    If I want to waive child support because it is more beneficial for the child if the mother keep it, is it my lawyers place to tell me no, their reasoning is because they are trying to protect me?

    Kurt’s Answer

    • Selected as best answer

    Notwithstanding the excellent explanation given by my colleague, there is another side to this equation, which I believe is the side to which you are referring. Unfortunately for what you are attempting to do, the law does not permit parents to "waive" child support because the child is entitled to such support. However, what the law DOES permit a parent to do is to grant the other parent a "downward deviation" in that parent's child support obligation from the amount that parent is supposed to be paying to a lower amount - even down to $0 per month. Accordingly, while the law does not call this a "waiver," it really amounts to the same thing. The requirement for the court to grant this "downward deviation " is that certain conditions be met, such as what I suspect to be the case in your situation, "relative incomes of the parties." Accordingly, if you have Primary Physical Custody and you make a great deal more money per month than the Non-custodial Parent, you must determine the amount of her monthly child support obligation and then grant her a "downward deviation to an amount lower than she is supposed to be paying.

    See question 
  • Is it right for my attorney to agree to the opposing party's proposal to waive child support even though I have primary?

    The exact words in the Stipulation is "The parties hereby waive child support based upon the time the children are with each parent and the effect of the hybrid custody arrangement on the child support formula". It was really never explained to me...

    Kurt’s Answer

    To expand a bit on Ms. Woodrum's response, a settlement agreement is an agreement between two parties - in this case you and your ex. The attorneys are only there to assist in developing the agreement. Accordingly, if you don't like what's in the agreement, do not sign it. If you do not understand what is in the agreement, do not sign it. However, once YOU sign the agreement, YOU are signifying that you both understand the agreement and YOU agree with it. The judge will hold YOU, not your attorney, responsible for the contents of the stipulation and order.

    See question 
  • How does a hospital decide where a baby is d/c'd if parents aren't together?

    Baby and mother tested positive for illicit substances, hospital called in CPS; CPS has [somehow] deemed that both the father and the mother/household's do not pose an imminent safety risk. In NV "Best interest of child" NRS statute clearly state...

    Kurt’s Answer

    Hospitals are medical facilities - not courts of law. Accordingly, when a child is discharged from a hospital, barring the instruction of a higher authority, they will always discharge to the mother because it is the mother to whom the child definitively belongs (i.e. She was definitely there are the time of birth and conception.) This is why fathers must execute Affidavits of Paternity, while mothers have no corresponding document. When speaking about NRS statutes, that is discussing what a court must do - not what a hospital will do. Moreover, Nevada's Paternity statutes clearly grant the mother of a child born out of wedlock Primary Custody - at least until such time as the child's father takes the affirmative step of asserting his paternal rights in a court of law. The bottom line is that mere presence at the hospital does not merit an award of primary or even joint physical custody. That right only comes through its assertion through a court of law - the end result of which will be a Custody Order assuming that paternity is first established. If the events that occurred at discharge did not jibe with the way you think they should have transpired, your next stop should be to an attorney's office to assist you in rectifying the situation.

    See question 
  • Kids father no longer want to see the kids?

    My ex emailed me today he no longer want to see his kids anymore because he can't afford to take them. Judge ordered him to pay the maximum amount which is $2148 for two kids. He is mad because I know it's more than half of his paycheck. I honestl...

    Kurt’s Answer

    Unfortunately, the situation you are describing is not uncommon. Although not stated explicitly, what your ex appears to be requesting is a termination of his parental rights. However, he is unable to get one of those without your express permission. Likewise, however, the court will not force him to exercise his time with the kids. If he does not, you, as the custodial parent, will be forced to make arrangements for them when such arrangements need to be made. Fortunately, however, the law has provisions for just such a scenario and, even though you are at the "maximum" child support, you the law permits an increase in that amount to assist in paying for daycare expenses.

    See question