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Tracy M. Rau
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Tracy Rau’s Answers

478 total


  • What is a presumptive maximum amount in regards to child support?

    If I have primary physical on 2 kids and my ex-wife gross monthly income is $7,220, what would the child support be? Is it 25% of her income or the presumptive amount of $806 per child?

    Tracy’s Answer

    Yes, under your facts, with a gross monthly income of $7,220.00 one would be capped at $806 per month, per child.

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  • I am getting remarried and I want to change my child's name to my new married name or hyphenate her name. May I do that?

    What about child support? Would that stop?

    Tracy’s Answer

    You can file a name change petition with the Court and in so doing you must serve the other parent. If they object to the name change, it can me difficult if not impossible to accomplish. You should be able to obtain he name change forms for the case at the self help center at the Family Court on Pecos and Bonanza. Good luck!

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  • Can time with my child impact child support?

    I agreed to $1,000 a month in support, and my ex has primary custody. However, I see my child 6 out of every 14 days, which I believe is about 42%. So, even though I agreed to $1,000 and my cap is $806 based on my income level, could I ask for a r...

    Tracy’s Answer

    In order to answer your question comprehensively much more information is needed. How old is your current order for child support? Was the current time share you outlined in place when you agree to the custodial designation in your most recent order or has it changed? How long has this been the schedule? What is the specific language in your order regarding your agreement to overpay child support ($1,000 as opposed to the cap of $806)? Essentially in order to obtain the best and most accurate answer to your question, I strongly recommend that you consult with an experienced custody attorney and bring your most recent order with you for attorney review. Hope this helps and good luck!

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  • Can child support change when the child and one parent relocate?

    My ex is currently taking me to court to relocate. She has primary custody, so she may win. If she does, does child support stay the same?

    Tracy’s Answer

    It may change-yes. The costs of visitation transportation is a ground for child support deviation that can be considered by the Court.

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  • What qualifies as a "late" child support payment? What do I need to do once the obligor is delinquent on medical reimbursements?

    I am owed $1500 in arrears that date back to 2011, and owed miscellaneous medical copay reimbursements. NCP is unresponsive, and I'm wondering what steps I need to take now that he's "in contempt".

    Tracy’s Answer

    Does your order or Decree outlining joint liability for medical expenses indicate the application of the 30/30 rule? If so, the other parent has 30 days from receipt of your receipt showing your payment to remit reimbursement is the due date. Anything past that 30 days would be late. If not, you must evidence that you provided the receipts to the other parent and requested reimbursement and no reimbursement was made. With this evidence, you would file a motion for contempt with the Court which issued the order. Hope this helps and good luck!

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  • When does child support end in Nevada? When they turn 18 years old or graduate high school?

    My daughter turns 18 on September but graduates on June.

    Tracy’s Answer

    Mr. Holland provides the accurate law. Under your facts, child support would continue until the child graduates from High school assuming they are living in the home of the parent to whom support is paid while attending school.

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  • Help with cost of attorney fees for child who was arrested

    Can my exhusband be taken to court to help out with attorney fees for my 15 yr old who was charged with first degree. I knew we needed an attorney and I been asking for 50 percent of the cost but he refuses?

    Tracy’s Answer

    Sorry that your family is in this situation. I agree with Ms. Whitbeck. Due to the availability of a public defender, fees for private counsel will likely not be viewed as necessary expenses related to the child.

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  • TPO Hearing

    Hearing for an extended order of protection is in two days. I the Adverse Party, have not responded to anything because many things I could not understand. That being said, I none the less wasted two weeks trying to retain an attorney at no luck...

    Tracy’s Answer

    You should definitely show up at the extension hearing in order to make the court aware of why you do not believe the order should be extended. Dress appropriately (no shorts, tank tops or tee shirts). You will be placed under oath so everything you say should be truthful and should help the trier of fact make a decision regarding the extension of the order. Be respectful to the Court and do not interrupt or otherwise disrupt the hearing. Try to state your grounds against the extension as clearly and directly as possible. Do not engage in "tit for tat" for each allegation made. The Court should ask you whatever questions it has and make a decision based on what it hears. Hope this helps.

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  • My sons father is seeking paternity test and if hes the father he wants to sign his rights as a parent over to me. Is that legal

    we had a child out of wedlock... he got married, still was having a fling. He would see the baby for five to ten mins, n would provide milk when he can. He now is with his wife, and wants a peace of mind. Im scared he might file for custody. He o...

    Tracy’s Answer

    I agree with Ms. Pickard. The rights and responsibilities of parenthood cannot be freely assigned away. If there is a ready willing and able step parent in the picture ready to adopt and take on the rights and responsibilities of parentage, the Court's will often allow it but without this, it is difficult to achieve a termination of one's parental rights under the law , even with voluntary relinquishment. Hope this helps!

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  • Can I have child support re-evaluated?

    Divorced in july. Did it ourselves. Child support reads neither party will pay but that the 'non-custodial parent would provide medical and contribute to all necessary expenses of the children.' It is ambiguous because I didn't foresee issues. ...

    Tracy’s Answer

    I agree with Ms, Whitbeck. You can go back to court as a result of the fact that the terms as drafted are not working and as such, seek clarification in the form of a set monthly amount. Good Luck!

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