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Christopher D Carr

Christopher Carr’s Answers

9 total

  • Moving jurisdiction in child custody case?

    I intend on asking my judge for permission to move out of state, and I believe he will grant it as I'll be asking to move back to my home state where all of my family is. The other parent lives several states away, and there is no family here for ...

    Christopher’s Answer

    Yes, you do not need to make any request. Once all the parties have left the state (which, since dad is already out of state, would occur when you and the child relocate) then this state would lose jurisdiction after six months. Your new "home state" and, thus, the state with jurisdiction would be wherever the child has lived for the six months prior to filing any future Court action.

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  • Before filing child support modification , is it ok to ask my ex to consider an amount I'm suggesting

    And mentioning that The amount I'm suggesting is more than what's required based on my income if I file the motion , is it ok or that's considered blackmailing ? Thank you

    Christopher’s Answer

    Not only is it OK, the Court more or less expects you to try to work things out BEFORE resorting to using the Court. EDCR (Eighth District Court Rule) 5.11a states as follows:

    "Before any family division motion is heard by the court, the movant must attempt to contact and communicate with the other party’s counsel, or that party if unrepresented, in an attempt to resolve the issue or issues in dispute without the necessity of court intervention. Failure to comply with this provision may result in sanctions being imposed against the movant and an award of attorney’s fees and costs to the non-movant if the issues would have, in the opinion of the court, been resolved if the movant had attempted to resolve the issues prior to the hearing."

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  • Motion to modify custody

    When a defendant has 10 days to respond in a motion to modify custody arrangement does that include weekend days or only week days?

    Christopher’s Answer

    I must respectfully disagree with the prior answer. I note that the provider does not appear to be a Nevada attorney and is therefore not familiar with our laws. Ten days refers to COURT DAYS (and it therefore EXCLUDES weekends and holidays).

    Eighth Judicial District Court Rule (EDCR) 1.14 states that for purposes of calculation to EXCLUDE weekends and holidays if the deadline is 10 days or less; but to INCLUDE weekends and holidays if the time period is 11 days or more. Therefore, when served with a Motion, you have 10 "Court days" (i.e., "weekdays") (NOT including the date you were served) in which to file your response. Conversely, when you are served with a Complaint for Divorce, which requires a response within 20 days, you would could simply calendar days to include weekends and holidays. The actual rules is below:

    Rule 1.14.  Time; judicial days; service by mail.
    (a) In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event or default from which the designated period of time begins to run must not be included. The last day of the period so computed must be included, unless it is a Saturday, a Sunday, or a non-judicial day, in which event the period runs until the end of the next day which is not a Saturday, a Sunday or a non-judicial day, or, when the act to be done is the filing of a paper in court, a day on which weather or other conditions have made the office of the clerk of the district court inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. The County Clerk shall memorialize and maintain in a written log all such inaccessible days. When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and non-judicial days must be excluded in the computation.
    (b) If any day on which an act required to be done by any one of these rules falls on a Saturday, Sunday or legal holiday, the act may be performed on the next succeeding judicial day.
    (c) Except as otherwise provided in paragraph (d) of this rule, whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper, other than process, a motion for a new trial, a motion to vacate judgment pursuant to NRCP 59 or a notice of appeal, and the notice or paper is served upon the party by mail, either U.S. Mail or court authorized electronic mail, or by electronic means, three (3) days must be added to the prescribed period.
    (d) The three (3) calendar days provided for in paragraph (c) of this rule shall not apply to criminal proceedings due to the necessity of getting matters on the calendar as quickly as possible as provided for in EDCR 3.20.
    [As amended; effective December 10, 2009.]

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  • When is an inheritance considered community property in Nevada?

    My wife and I are divorcing. She received an inheritance from relatives in another country before we were married, and another after we were married. The money was kept in a separate account in this other country. But over the course of the marria...

    Christopher’s Answer

    The general rule is never. There are two ways it could become community property.

    First, if the item was specifically left to both spouses it would be community property.

    Second, even if the property was left to only one spouse it could become community property through the process of commingling. That would occur where community property was mixed in with the separate property to such an extent that it wouldn't really be possible or practical to continue to call it separate property.

    For example, if your wife received money and simply put the inheritance in your regular joint account which you deposited your paychecks into and paid bills out or, it would quickly become impossible to distinguish the community property from the separate property inheritance.

    Another example would be if your wife inherited a house and then put your name on it or refinanced it to get equity out and then paid off the refinance loan with community funds.

    But the situation you described does not appear to be sufficient to change it from separate property to community property. She would need to put your community money into the inheritance account in order to commingle it.

    If she inherited money and put it in a separate account and occasionally used it to pay community bills, pay your community rent, community living expenses or for other expenses the money left in her separate account would not turn into community property. The items she purchased could, however, be considered community property.

    But if she bought something outright, like a house or car, she could claim that it was still her separate property since she purchased it with separate property funds. If you were on the deed or title it would support your claim that she had commingled the property and it became community property, but she would certainly have a viable case that it was separate property.

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  • Modify Child Support

    I have a daughter with an ex - we never married. He was ordered to pay for child support, then he lost his job and he asked that his payment amount be reduced to the minimum, it was. Now he's working full time and I'd like the support to go back t...

    Christopher’s Answer

    His child support obligation would go back up to 18% of his gross income (if you have primary physical custody). If he agrees you would need a "Stipulation and Order" (which is sort of like a contact both parties sign off on, which is then submitted to the judge to make it an official court order). You can also deal with the medial issue in that as well. He is responsible for 1/2 of the cost of any and all heath care or medical expenses (whether it's an insurance premium, a copay or a bottle of Tylenol). The Court typically refers to this as the "30/30 Rule." In essence, this rule states that when you incur a medical expense on behalf of the child, you have 30 days to provide documentation of that expense to the other parent. If you don't, it is considered waived. The other parent then has 30 days to reimburse you for 1/2 of the expense. If they don't they could be held in contempt of court.

    It should be noted that because insurance premiums are a regular, ongoing, predictable expense, the Court will usually apply 1/2 of the cost (for the CHILD's portion of the insurance) to the monthly child support obligation.

    As noted above, if he will agree on both of those issues you can sign off on a Stipulation and Order and submit it to the Judge to make it a Court Order. If he won't agree then you will need to file a Motion to get a Court date and have the Judge address the issues.

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  • Are child support deviations applied before or after the presumptive cap?

    Is there any case law that defines whether child support deviations, more specifically the travel deviation, should be applied before or after the presumptive cap?

    Christopher’s Answer

    Any deviations, offsets or adjustments are supposed to be applied off the full child support amounts BEFORE the cap. So if your base child support amount is $2,000 per month (for one child) and you have a deviation for travel costs (of say $200) or other child(ren) you support (of say $150), it would come off of the $2,000, bringing that down to $1,650. then the presumptive maximum would kick in and lower it to $1,050.

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  • What will happen if I have not finished my domestic violence classes?

    I have a court date in the 1st week of December. I was ordered by a judge to complete community service and take DV classes. I did the community service but have not completed the DV classes because i did not anticipate they would take so long. Wi...

    Christopher’s Answer

    The worst thing you can do is nothing. The judges in criminal court are generally willing to give you additional time to comply with the sentence. If you had not done any community service and not even begun the DV classes you would likely have problems. Since you've done the community service and apparently begun the DV classes, I wouldn't imagine you'd have any difficulty getting additional time to complete the sentence. Just bring proof of what you have done to show you are serious about compliance.

    Disclaimer: no attorney-client relationship is formed by the use of this information. Nothing in this posting should be construed as legal advice between an attorney and client. These materials are for your personal information.

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  • My fiancees stepmom is threatening to take me to court to see my daughter...can she do that?

    My fiancees parents (dad and stepmom) dont care for me and are threatening to take me to court to see my daughter. I told them they could see her with me present and THEY are the ones who said no. Can they do anything legal about this to see her ...

    Christopher’s Answer

    Yes. It doesn't even matter if they are the children's grandparents. If they are the grandparents, they can petition the court for "grandparents' rights." If they are not the grandparents--if fact, even if they are not related to the child--they can still seek visitation.

    You question does not state that your fiance is the mother of the children, but I will assume so in addressing the first issue: grandparents' visitation. NRS 125C.050 provides that a grandparent can petition the court for visitation. In summation, the statute reads: "if a parent of an unmarried minor child ... has never been legally married to the other parent of the child, but cohabitated with the other parent ... the district court in the country in which the child resides may grant to the grandparents and grandparents of the child and to other children of either parent of the child a reasonable right to visit the child."

    Even if they are non relatives, or what the Court may call "legal nobodys," they can still ask for visitation. Any person (that's ANY) who has ever lived with the child and developed any sort of relationship can ask for visitation too. That may include, for example, a neighbor that lived with you and the child over the summer while having a fight with his or her spouse. While it may be difficult to convince a Court to grant custody in such a tenuous situation, it is still the neighbor's right to ask under the statute.

    It's a complicated situation that requires a very close look at the duration, extent and nature of the relationship between the child and the party seeking visitation. The statute also states that if a parent is cutting someone off of visitation (aside from the other parent) there is a "rebuttable presumption" that denial of the visitation is in the child's best interest. But the party seeking the visitation can show evidence to rebut that presumption and demonstrate to the Court that visitation between the child and the party seeking it is in fact truly in the child's best interest.

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  • I live in NV. Hoping to do an uncontested divorce, how much can I expect for alimony to maintain level of living?

    By no means are we wealthy. My husband has his own pool repair business which has slumped this year and he does work for a company every other month for a day or two. I just want to be able to provide a safe, secure, homeschooling environment fo...

    Christopher’s Answer

    While child support uses a set formula that makes calculation very straight-forward, alimony is an entirely different story. The same parties could present the same facts to each family court judge and get an entirely different decision in each one. But the upside is, since there is no rigid statutory amount to put in place it can be anything that you and he agree on. Remember, the ONLY way to have an "uncontested divorce" is to be in complete agreement on ALL of the issues. If you're seeking alimony that he simply can't pay, it won't be an uncontested matter.

    Alimony is based on several factors, many of which are not raised in your question. For example, there is generally no alimony available for marriages of less than five years duration. To boil it down to the most basic considerations: it depends on your "need" and his "ability to pay." Unfortunately, it doesn't look like he has a tremendous ability to pay any alimony. In fact, if you've been supporting the family, you should probably expect him to make the alimony claim against you. The Court will seriously question why he is not working more or seeking alternate employment. You may be able to make a case that he is "willfully underemployed," and prompt the Court to "impute" income to him (i.e., pretend he's actually making what he's capable of).

    Obviously, there is a lot that must be examined here and there are several issues that remain unaddressed by your question.

    Disclaimer: no attorney-client relationship is formed by the use of this information. Nothing in this posting should be construed as legal advice between an attorney and client. These materials are for your personal information.

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