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John D. Jones

John Jones’s Answers

79 total


  • Can arrears be dropped in the state of Nevada?

    Ex-girlfriend and I have finally come to an agreement and have decided that joint custody (physical and legal) is the best route for us and our daughter. I currently pay child support. I pay 18% as a non-custodial. What is my best route of getting...

    John’s Answer

    If you have Joint Physical Custody, which in Nevada is defined as 40% of the time or more, your child support for 1 child would be determined by subtracting 18% of her income from 18% of your income (assuming you are the higher earning parent). A stipulation and order could be drafted reflecting the change in custody, child support and the waiver of arrears. it is important to include a directive that the District Attorney conform your account to the terms of the stipulation and order.

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  • Can I get devorced with out the spose knowing

    I do not want them to know

    John’s Answer

    The short answeris NO. When you file a complaint for divorce, you must serve the other side. If you do not serve them, the Court cannot and will not enter a decree of divorce. If you serve the other side and they do not file an answer or respond in anyway, you can proceed with defaulting them and obtaining a Decree of divorce through that process. If you obtain a default, you technically could obtain a divorce without the other sides knowledge, but you still need to send out a notice of entry of the Decree in order to get certain important timelines for setting aside or challenging the Decree to begin.

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  • What happens if a divorce decree orders someone to make a year of payments in a vehicle and they skip two payments?

    This was a Nevada divorce decree and she paid a penalty to skip two payments. The truck is to be put in his name in a year. But the fact that she skipped two payments means she just added those two payments to his end of the loan. Isn't this a bre...

    John’s Answer

    Technically, it is a violation of the Decree. If you were to take the matter to Court, the Judge would likely require her to pay you the two payments that were missed along with any penalties associated therewith. You may even get an award of attorney fees, but that is far from certain. In the end, the question of filing is one of economics. Will it cost you more to pursue the issue than the amount she failed to pay? You should send her an email or letter suggesting to her that if she does not make some type of offer to make you whole, that you will file a motion. That may also increase your chances of getting an award of attorney fees if you hire a lawyer to file the motion. If the two of you have other legal entanglements or child related issues, you could send the letter and then wait and see if any other issues arise which might cause you to go to Court and then raise everything at once.

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  • Can my child support be deviated due to my ex not allowing me adequate time with our children?

    I just moved from Las Vegas to Reno for employment reasons. My ex is unwilling to offer me more than 2 weeks of summer vacation to see our children (with me paying 100% of travel costs) and she said she will "think" about me seeing them for christ...

    John’s Answer

    Since she obviously will not be reasonable, you may need to file a motion. Child support and visitation are completely separate issues. You could do a request for mediation with the Family Mediation Center here in Clark County, but that will not resolve child support issues. You will likely end up going to mediation even if you file a motion. As far as what is typical visitation, you would likely receive a large chunk of time (much more than 2 weeks)in the summer and all or most three day weekends as well as the standard split of major holidays. I think that because you moved in order to be able to earn money in order to be able to pay child support, the Court may give you a deviation for part of the transportation costs. The more you document your reasonableness and her unreasonableness, the more likely the judge will have more sympathy for your situation.

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  • I'm a father paying child support. My new wife has 2 diseases that both require expensive surgery need my child support lowered?

    I pay over 1100/mo now for 3 kids which includes child care costs, but my children are never taken care of by a professional and my ex wife doesnt pay anybody to watch them. Would there be a way to get that taken off as well? I cant afford my mont...

    John’s Answer

    You have not provided enough facts to know whether the 1100 is the proper amount. If the base amount was less and the amount was increased because of child care, and she is not using child care, then perhaps a modification would be in order. But as my colleague stated, you cannot reduce your child support to your children because of an increase in your expenses regardless of the reason.

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  • I HAVE BEEN ASKED BY THE JUDGE TO EXPLAIN THE AMOUNT OF SUPPORT I BELIEVE SHOULD BE ORDERED IN MY DIVORCE CASE.

    IN NEVADA HAS THERE BEEN CASES WHERE IN 50/50 CUSTODY NO CHILD SUPPORT IS GIVEN? MY SPOUSE AND I WORK 14 DAYS A MONTH EACH AND I WORK DAYS AND MY SPOUSE NIGHTS. IT IS ACTUALLY PERFECT TO SPLIT THE CUSTODY EXACTLY EVENLY. THE JUDGE IN A TEMP MOTION...

    John’s Answer

    If you have 3 full days per week, then you have Joint Physical Custody unless the Court makes a finding that Joint is not in the best interests of the child. If the Order is Joint, then you pay child support based upon 29% of your GROSS monthly income minus 29% of her Gross monthly income. You may be entitled to a credit if you provide health insurance, or you may be required to pay 1/2 of the costs, above the base child support amount if she provides health insurance. Child support is a straight percentage calculation and has nothing to do with "lifestyle". There is no such thing as "no child support" in a joint custody case unless the two of you earn exactly the same income. If you earn more, and take the position that you should pay nothing, the Judge will not be impressed and it could hurt your case in other ways.

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  • How do you defend yourself against a TPO and kick out order that your domestic partner obtained against you by lying?

    My husband filed for a TPO and kick-out Order against me at Clark County District Court in Las Vegas Nevada. He blatantly lied to the Court, as well as the police when he filed his reports and subsequent application for TPO. The TPO judge did no...

    John’s Answer

    Were you arrested for the allegeed incident? If so, sometimes that is enough for the TPO comissioner. Otherwise you would have needed to disprove the allegations of domestic violence with actual evidence. You probably did need an attorney for the extension hearing. It is possible to have the TPO dissovlved, but you would need to file a motion to do so which also would likely require you to hire a lawyer. Good Luck.

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  • My husband was arrested for DV battery against me the other night. I'm looking for sole custody.

    We live in the state of Nevada. What are my chances? I'm afraid that if I have to share custody my two year will not live to see her next birthday with how negligent and hostile he is. Please help.

    John’s Answer

    Did you file for a Temporary Protective Order? What has he done in the way of abuse and or neglect of your child? A DV conviction creates a presumption that Joint Custody is not in the best interests of the child, but that presumption can be overcome. It is hard to assess probabilities without knowing more facts about his treatment of the child and the circumstances surrounding his arrest, but your decision to seek sole custody appears to be a good one.

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  • My Nevada resident stepdaughter is being taken back to court, post divorce of 3 years for acts or omissions deemed contempt.

    While married they sent their two kids to private school paid for by his grandparents. She was ordered to pay back 1/2 to his grandparents ($2,000). She is 40, a two times breast cancer survivior and as a result of chemo now has a heart conditio...

    John’s Answer

    She should likely file a countermotion to remedy anything he has failed to do. It sounds like a questionable order to begin with, but the time for a challenge has likely passed unless his lawyer never did a notice of entry of decree. Her health will definitely preclude any finding of contempt which could only happen after an evidentiary hearing. Moreover, if he does not follow the proper procedure (which many do not), it should be denied right off the bat. She probably would benefit from having an attorney due to the subtle nuances of contempt as a remedy.

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  • Does my daughter have to visit her dad if he is never there and she does not get along with his wife?

    My ex was recently served with child support papers and is very mad. He called and told my daughter if he had to pay money then she was going to live with him some of the time. My daughter loves her dad but he works in a different state than he li...

    John’s Answer

    It is likely that the Court would award him those days when he is actually available to care for your daughter. A step mother does not get time over a natural parent. So expect him to receive custodial time (if he files a motion)on those 10 days per month he is off work and at home. That assumes there are no fitness issues like drugs, alcohol, or domestic violence and that he has an appropriate home. As far as your daughter testifying, it is highly unlikely that a judge would have a 10 year old testify. If some type of psychological evaluation was performed, then she may get interviewed, or the court could order an interview, but in general she is too young to state an intelligent preference.

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