Im giving custody back to my exhusband and were agreeing on everything but he told me his attorney said he has to put in for child support and NV requires it. Im wondering is it possible if both parties agree on no child support can we ask to waive that in our custody doc's for court.
Family Law Attorney
Child support cannot be waived under Nevada law, because it is money that belongs to the child, not to the custodial parent. However, there are a number of factors that can be used to deviate from the normal, statutory percentage of child support. You can find these factors in NRS 125B.080(9). If you are of limited means, and your ex has a vastly superior income, it may be that you can use that factor alone to reduce your child support obligation to zero. Do NOT sign any agreement that says you owe a certain amount of money and then trust a handshake deal from your ex that he "won't collect" what is stated in the papers. That is a serious trap. Once that order is issued, it has no statute of limitations on collections -- he could come back and collect years later, even well after the child is an adult. You have to live by what is in whatever you sign, so make sure you understand it and all terms are crystal clear. Best bet is to take that document to your own attorney for a review.
Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.
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Family Law Attorney
Yes, you just need to comply with Fernandez and explain why it isn't going to be paid using a factor set forth in NRS 125B.080. Some example include health insurance costs, travel coats, difference in incomes, etc. Find one that applies and you should be able to get the order signed by the Judge with an amount of child support which is different than would be orders by statute.
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