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Marshal Shawn Willick

Marshal Willick’s Answers

870 total


  • Does nevada have "Pal Alimony". We were together for 13 years, but never married.

    She mantain her job while I worked for the business that she owned 100%. During the time that we were together she bought four houses and moved up in her company both in income as well as position.

    Marshal’s Answer

    Mr. Claflin is correct. While it is impossible to provide all necessary information by e-mail, I have been researching and writing about this topic for some years. My suggestion would be to start by reading two articles both posted on our "Published Works" page: "The Evolving Concept of Marriage and Coming Convergence of Marital and Non-Marital Property and Support Law (Nevada Lawyer, May 2011)" and "What Do You Do When They Don’t Say “I Do”? Cohabitation Relationships and Community Property." That page is at http://www.willicklawgroup.com/published-works/. Also see http://www.willicklawgroup.com/palimonycohabitation/.

    But no article can substitute for a personal analysis by a knowledgeable family law specialist, and I concur that you should set up a consultation to go over your specific facts and circumstances.

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  • How do I get full custody of my kids, when my ex is moving out of state?

    I share joint custody of my two kids, and my ex is planning to move out of state. What do I need to do and know in order to have a better chance at getting full custody of them and keep them here?

    Marshal’s Answer

    If I understand the facts correctly, this is a "Potter" situation. See the materials on relocations posted at http://www.willicklawgroup.com/child_custody_visitation, and read legal note No. 25 "Relocation Where There is Joint Custody," posted at http://www.willicklawgroup.com/newsletters. Then schedule a consultation with expert family law counsel familiar with these subjects.

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  • What is NV law regarding auxiliary SSI benefits paid to child as credit towards child support owed by my ex?

    My ex finally started paying child support about 6 months ago when the DA began collecting for me. He owes payments until my youngest graduates HS, then our Decree says he continues payments for 2 years to cover arrears. Earlier this year my ex fi...

    Marshal’s Answer

    I must disagree with the prior answer to some degree -- there is precedent as to disability payments in an arrears situation:
    .................................
    Hern v. Erhardt, 113 Nev. 1330, 948 P.2d 1195 (1997) Social security disability benefits applied to offset child support arrearages. The social security disability benefits were paid to the child because of the respondent father's disability. The child support arrearages at issue accrued prior to the time that the child began receiving those benefits. Order reversed and remanded for district court determination of whether, and to what extent, father entitled to a credit.
    ......
    Also see:

    Metz v. Metz, 120 Nev. 786, 101 P.3d 779 (2004)
    The parties were divorced in 1998. The mother was primary custodian. After custody disputes, the father received primary custody with the mother paying $100 per month in support. The mother then filed a motion for custody and the father filed for an order to show cause for the mother’s alleged failure to pay support. The district court concluded that because the mother was receiving supplemental security income (SSI) and social security disability benefits (SSD), it was prohibited from ordering her to pay child support.
    The Supreme Court noted that parents have duty to support their children citing to NRS 125B.020. The Court further noted that the child support statute authorizes a district court to determine a parent’s support obligation based on "gross monthly income," which could include both SSI and SSD benefits citing to NRS 125B.070. The Court additionally noted that a federal statute may preempt a state statute when they conflict. The Court framed the issue of whether federal law exempted SSI and/or SSD from being considered as gross monthly income under the child support statute. The Court distinguished between SSI and SSD. SSI is a welfare program designed to assure that the recipient’s income is maintained at a level viewed by Congress as the minimum necessary for the subsistence. SSI is intended to supplement a recipient’s income, not substitute lost income because of a disability. SSD is a disability insurance program that provides benefits for disabled workers. SSD is available based on an employee paying into the social security system during employment. SSI does not have that requirement. SSD is intended to replace lost income when an employee is unable to work after becoming disabled. The Court then reviewed the child support statute and discussed statutory construction. The Court concluded that gross monthly income is no longer limited to income from employment and that both SSI and SSD qualify as a source of a parent’s gross monthly income under NRS 125B.070. The Court then looked to see if federal law preempted either SSI or SSD from being included as income. The Court held that the federal exemption for SSI benefits also preempted Nevada law. Because Congress had consented to income withholding, garnishment, and similar proceedings for child and spousal support enforcement for SSD, benefits may be used to satisfy a child support order, and these benefits may be included in a parent’s gross income in determining child support.
    .................................
    You should consult with expert family law counsel.

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  • What is actually included in child support in the state of Nevada?

    I was recently awarded primary custody of my two kids for the next 3 months. The kids father refuses to pay the kids school tuition, school activities or anything else. He stated the initial divorce decree is null and he doesn't have to go by it. ...

    Marshal’s Answer

    Ms. Kunin's answer is entirely correct, but your question is a bit vague as to the facts.

    If the prior order required contributions, it is enforceable, until and unless altered. See Love v. Love, 114 Nev. 572, 959 P.2d 523 (1998): "The Court also affirmed the order requiring payment of private school expenses, finding the term “educational expenses” in the original property settlement agreement to be clear and unambiguous, so that no evidentiary hearing was required to require payment by the husband of private school tuition, despite the child’s actual attendance of public schools for several years."

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  • Do child's auxiliary SS benefits give credit towards child support owed by non-custodial parent who filed early retirement in NV

    My ex owes child support of $550/month & arrears of $10,000. Divorce Decree says he continues payments for 2 years after youngest child no longer gets support, to pay out arrears owed. Earlier this year my ex filed for early retirement (not Disabi...

    Marshal’s Answer

    Only in part. See:
    ..................

    Hern v. Erhardt, 113 Nev. 1330, 948 P.2d 1195 (1997) Social security disability benefits applied to offset child support arrearages. The social security disability benefits were paid to the child because of the respondent father's disability. The child support arrearages at issue accrued prior to the time that the child began receiving those benefits. Order reversed and remanded for district court determination of whether, and to what extent, father entitled to a credit.
    ..................
    You could use a consultation with expert family law counsel.

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  • What are the factors considered in court if the custodial parent request to move the jurisdiction from CA to NV?

    My ex husband owes me money from taxes, lawyer fees and QDRO fees. Our judgment states that CA has the jurisdiction. I was told that I can request to move the jurisdiction to the current state that we're in. I can't afford to keep driving back t...

    Marshal’s Answer

    Your question is a bit unclear, but if both parents and all children have left the state of issuance of the custody and support orders and gone to another State (in this case, if I understand you, all having moved from CA to NV), then jurisdiction shifts to the new State (NV) as soon as any proceedings pending when you left were completed. See The Basics of Family Law Jurisdiction, posted at http://www.willicklawgroup.com/published_works.

    If you are unsure, you should consult with qualified family law counsel experienced in jurisdictional issues.

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  • Living together in Nevada - unmarried

    I am Canadian with an American boyfriend. I plan on moving to Nevada to live with him. I have a substantial amount of money, in excess of $1,000,000. I plan on purchasing a home for he & I to live in. He is retired & on SSI so he has little incom...

    Marshal’s Answer

    Both answers provided earlier are spot-on. If you do not want your cohabitant to co-own the residence, do not put him on title. If you intend to live together without marriage, have a cohabitation agreement drafted clearly spelling out your intentions. And if you do plan to marry, definitely see a qualified family law attorney with experience in such matters in advance to have a premarital agreement drafted.

    Leaving the money in Canada would be irrelevant. If a court has jurisdiction over the parties, it has jurisdiction over their property, wherever located. And the estate planning is separate. You are not required to be domestic partners, and should not do so unless that truly is your intention. See http://www.willicklawgroup.com/domestic_partnerships.

    If you wish to do some research in advance, articles on cohabitation, palimony, and marital and non-marital relationships and agreements, are all posted at http://www.willicklawgroup.com/premarital_postnuptial_separation_marital_settlement and http://www.willicklawgroup.com/published_works.

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  • Is it possible for non-Americans to get a marriage annulled in Nevada

    1. I left after the marriage in Europe in July 2009 and returned to North America. 2. He refused to consummate the marriage. 3. He married me to get legal status in North America.

    Marshal’s Answer

    Well, your facts are a bit vague, but yes, if you satisfy residency requirements and have grounds, you can file for annulment in Nevada; national citizenship is entirely irrelevant. For details, see http://www.willicklawgroup.com/annulment.

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  • If my ex does not show up on time can i leave with my kid and go on with my day

    my ex is always late to pick up my kid on his time by an hour or two do i have to wait for him or can i leave to do the things i need to get done how long do i have to wait

    Marshal’s Answer

    I think the NY lawyer missed your point. I'd suggest giving written notice of how long after the appointed time you will wait, and then no longer, and then following through, going about your business and making other plans for the child. If the problem is persistent and your decree does not specify those terms, it would be most prudent (but most expensive) to get an order giving you that flexibility -- or you can simply do what you say (always document the time you leave, if you can, to avoid he said/she said fact disputes), and wait for him to file a motion if he does not like the matter. See http://www.willicklawgroup.com/child_custody_visitation.

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  • In a 60/40 physical custody case, who owes child support if the higher earner pays 95% of childs needs?

    I have primary physical custody. our visitation order is for the non-custodial parent to have our child for what adds up to 74 hours a week. He was ordered to pay child support. He is arguing for no child support and in fact, support from me, as i...

    Marshal’s Answer

    • Selected as best answer

    In 2009, the Nevada Supreme Court redefined joint physical custody in Rivero as any custodial arrangement that is 60/40 or closer (there are computer programs that will tally up all regular, holiday, and special time and tell you what you actually have). If joint, support reverts to the Wright/Osburn offset method. For background, the cases, the statutes, and a discussion, see:

    http://www.willicklawgroup.com/child_custody_visitation

    http://www.willicklawgroup.com/child_support.

    However, the existing order remains enforceable until it is replaced with a new order -- if he was ordered to pay support, he owes it, until the court says otherwise.

    You should probably consult with a family law specialist.

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