Skip to main content
John D. Jones

John Jones’s Answers

79 total


  • Does Nevada have a standard visitation for non-custodial parents that are moving out of state?

    I have joint legal custody of my daughter, but her mother has primary. I'm moving from Nevada to Utah and have requested one weekend a month utilizing long weekends that she has off from school. I have also requested six weeks during the summer, o...

    John’s Answer

    Generally, the Court will give you all three day weekends, the vast majority of the summer (8-10 weeks) every other spring break (some judges will give every spring break) and any time you come back to Las vegas. Your request is incredibly reasonable and if you put it in writing and tell her you will file a motion if she does not agree, there is a good chance the Court will award you your attorney fees for having to file a motion over such a reasonable request.

    See question 
  • How much does an E4 in the Air Force pay for Child Support a month?

    Including BAH

    John’s Answer

    Child Support in Nevada is based upon a percentage of gross income. For 1 child it is 18%, for 2 it is 25% and for 3 it is 29%. For more children than 3, it increases by 2% per child. This base amount is subject to statutory caps dependingon income level. The following are the current caps based upon level of gross monthly income:
    $0 - $4,235 is capped at $649
    $4,235 - $6,351 is capped at$714
    $6,351 - $8,467 is capped at $781
    $8,467 - $10,585 is capped at $844
    $10,585 - $12,701 is capped at $909
    $12,701 - $14,816 is capped at $973
    $14,816 - No Limit is capped at $1,040

    While there are deviation factors a court can consider which are set forth in NRS 125B.080, it is safe to assume that child support will be set at or near the based capped amounts set forth above,.

    See question 
  • Two years ago, I became a resident of Nevada and was a California resident prior to that. Where do I file for divorce?

    I own a home in Henderson and two homes in California. I am in my 70's and have been married 9 years. Physical Abuse is a factor. I am an officer in our Calif. Corporation with a salary; our large monthly income goes into our corporation accoun...

    John’s Answer

    • Selected as best answer

    If you and your wife both live in Nevada, then Nevada has both personal and subject matter jurisdiction over the two of you and all issues related to your divorce including any property outside of Nevada. If only you live in Nevada, and if you have resided here for 6 weeks or more and intended to make Nevada your home when you moved here, the Nevada Courts can adjudicate the status of your marriage (i.e. give you a divorce) but it may not have jurisdiction over your property and support issues. 9 years is not a long term marriage. If alimony is to be awarded, the likely duration would be between 3 and 4 years. The character of your property is more complicated. Many family trusts have provisions which confirm that the separate property character of the property being conveyed into the trust is maintained. You need to have the trust reviewed by an attorney. Good Luck.

    See question 
  • Is my soon to be ex wife entitled to any of my inheritence?

    My wife and I are getting a divorce and have been separated for about 6 months. It has not even been filed because I was going to sue for alimony and child support. We were married for 18 years. NOW........ my grandfather is leaving me a substanti...

    John’s Answer

    The is no legal claimthat she has to anything that you inherit or that is gifted to you as part of your family's estate planning. If, in fact, you are married when your grandfather dies, as long as you do not take whatever you inherit and put it into a joint account then she can't touch it. Just be sure to keep what is your separate property separate from anything that is joint/community property. The only way she could have a claim is if you do something unwise.

    See question 
  • Is it possible to change the division of assets allocation after a divorce decree has been filed with the court?

    My Ex-Wife wants to be removed from our current mortgage and the title company is requiring me to have her give up her rights to half the proceed of the sale of the house (which is currently underwater) which is stated on our flied divorce decree ...

    John’s Answer

    If she is being removed from the mortgage, she should happily sign anything. If the house is upside down, there won't be proceeds. I don't know that you need to enter into any subsequent stipulation or order. If she signs a quit claim deed as part of your refinance (assuming it is a refinance) that will control. It is never a bad idea to have some documentation between the two of you that you are no longer obligated to pay her 1/2 of proceeds that don't exist. It would be helpful to know what the decree actually says about the home and if in fact you are refinancing to get her name off. These days that is very rare, and she should be very thankful unless the decree requires you to do so.

    See question 
  • How long after court does it take to receive joint custody papers?

    On October 8, 2012 the judge issued my grandma and the kids father joint custody. She hasnt got any papers yet, she called her laywer and he said the judge hasnt gave anything to him yet. How long does it take after court is over to receive them?

    John’s Answer

    As I explained previously, the Court usually instructs one of the lawyers to prepare the order. you can probably get the minutes on line on the Clark County Courts website. The minutes from the hearing will show who was to prepare the order. Judges seldom prepare their own orders.

    See question 
  • If a man in Las Vegas gets money from a bankbook that was left in trust for him, does he have to share it with his wife?

    Is there any way I can prevent him from giving it to his mistress of two years? Thank you.

    John’s Answer

    If he inherited it, or if it was a gift to him, then it is his to do with it as he pleases. He could set it on fire if he chooses and there is no legal basis upon which you could object. If he transfers the money into a joint account, you may have a claim that he gifted 50% to you, but otherwise it is his to dispose of as he sees fit. If you have children and were getting a divorce, the Court could invade those funds for the payment of either child support or alimony (with child support being the more compelling reason). There really are not enough facts here to develope a strategy.

    See question 
  • I live in Washoe county, NV and want to file an extension of a current Restraining order. Courts say I need to wait for expir.

    I want to file an extension of a current TPO. It expires in Feb. 2103 and the last time I went to file for an extension, the Washoe county courts said I had to wait for it to expire, however, it will be too late if I wait. This person will come ...

    John’s Answer

    You are right about the expiration. I am not sure how long the TPO has been extended and if a further extension is even allowed at this point. Filing for an extension sometime in December should give you enough time to get a hearing in January. The TPO commissioner should then be able to tell you, at the hearing, if you have followed the proper procedure. It may be that you need to file a new application. But getting a motion for extension on file is the best way to protect yourself.

    See question 
  • If a couple is married in Las Vegas, NV, and the husband gets an inheritance, does he have to share it with his wife?

    They have been married for 10 years, and the husband got an inheiritance from his brother, is he required to share it with his wife. He wants to give it to his mistress. Thank you.

    John’s Answer

    Any property received by either spouse, during the marriage, from inheritence or gift is the separate property of the receiving spouse. In your scenario, husband needs to be sure not to commingle the inheritence with any community property. Any time separate property monies are deposited into a joint account, it gives rise to a claim of gift, or at the very least, an accounting nightmare. He should simply place the money into an account solely in his name. If he gives it to his mistress, and things don;t work out, his separate property would then be the property of the mistress because he gifted it to her.

    See question 
  • How long does it take for someone to receive joint custody papers after court is over?

    My grandma went to court to get full custody of her grandchildren but ended up getting joint custody. How long after the judge has made his decision does she get the papers. (Judge reached decision October 8, 2012)

    John’s Answer

    Generally, one party or the other is ordered to prepare the order. Once the order is submitted then it will be filed, and a copy sent to all parties. Often times the Court will order that the party not preparing the order review the order and sign off. If there were lawyers involved, this should not be an issue. If not, she may want to call the law clerk in the judical department the case was in and find out who was supposed to prepare the order and follow up with them.

    See question