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Jill K. Whitbeck

Jill Whitbeck’s Answers

3,262 total


  • I have a child support case in Reno NV. Judge ruled I pay 481.00 per month for one child. I want to file an appeal to reduce.

    on july 25th judge ruled I pay $481.00 a month for one child, however I have 2 other children in the home and another child pay support for out side the home I gross 4000.00 per month. Is it possible to have this reduced?

    Jill’s Answer

    It sounds to me like you already got one hell of a deal. You should be paying 18% of your gross monthly income as and for child support. At $4000 gross per month, 18% would be $720. So you must have been given credit for the other children you support, and perhaps for other things as well, since your child support is more than $200/month lower than it would otherwise be under NV law. You can object to the Master Recommendation, but I'd bet money you lose . . . and you could come out paying even more. After that you could appeal, but appeals are very expensive and time consuming, and, again, I think you have no chance of getting your child support lowered any further.

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  • Can I leave Nevada with my children and move to California if I am still married

    I may have a job offer in California. I can't find one here. My husband hates me. But I do not want a divorce. I believe we can reconnect. But I need to be in my own. There is domestic violence between us, but I don't want to hurt his reputation w...

    Jill’s Answer

    It would be a felony for you to move the children without his consent, and it would harm your custody claims going forward. You can, however, move yourself and work on yourself if you feel having a job and being on your own is so important. Then you could see the children on weekends and breaks (so you would be the visiting parent, instead of your husband).

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  • If a parent is schizophrenic in Nevada is that grounds for parent child termination?

    If a parent is schizophrenic in Nevada is that grounds for parent child termination? Thank you for your help in advance.

    Jill’s Answer

    No. Schizophrenia is a mental health ailment. Parents do not lose their rights simply because they are ill. If their health affects their ability to parent, their rights can be restricted, but it takes much more to get to full termination.

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  • Where do I start for change a court location from one County to another and get orders enforced?

    Both parties live in Carson City, NV now and our case was files in Reno, NV. How or can I change it to Carson City, do I need to file a month? Also I would like to request that stipulations in my court order (child custody/child support) be enforc...

    Jill’s Answer

    To transfer venue, you have to file a motion. And there will be costs involved. Plus there are only 2 judges in Carson and they have to cover EVERYTHING -- business, personal injury, legislation, criminal, etc. and they also cover Storey County. Considering that Carson City is not far from Reno, and in Reno you get a Judge that handles only family law matters, you may be farther ahead keeping your case in Reno. If you need to enforce or modify existing court orders, you have to file a motion and meet the appropriate legal standard(s). If all you are seeking is to enforce child support, you can open a child support case in Carson City through the District Attorney's Family Support Division (which is a free service).

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  • My wife is looking for a job out of state we live in nevada can she legally take my kids with her without my consent

    Our family lives in Las Vegas we own a house I have a full time job here my wife is working part time,she has an interview in California and says that if she gets the job she is taking our kids who are 2,12 and 14 years of age with her can she leg...

    Jill’s Answer

    The laws on this are in AB263 which is new and has not yet been codified, so they are hard to find and decipher. Basically, you are presumed to have joint legal and joint physical custody unless and until a court says otherwise. So long as you hold that presumption, if your spouse willfully removes your children from your custody, without your permission, with the intent of frustrating your efforts to establish or maintain a meaningful relationship with your children -- absent a claim of domestic violence -- your spouse could be charged with a Category D felony under NRS 193.130. I recommend you put something in writing making it very clear that you do not consent to your children being removed from Nevada (or any distance that inhibits your ability to have a meaningful relationship with them) so there is no gray area about you possibly having provided consent. If your wife moves with the children, you would need to file a police report and a divorce action with an emergency motion to have the children returned to Nevada immediately. Now the elephant in the room is: What is going on with your marriage? Clearly there is a problem if your wife would considering leaving you and taking your children from you. The question posted does not ask about divorce, but it would seem logical that you need to get to an attorney for a consultation for divorce planning. There's a lot you could/should be doing to gather evidence and document your situation should your wife decide to leave.

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  • Received paperwork from Family Support Division about child support, what can I do?

    About a year ago, a woman got a hold of me and said I was the father of her 16 year old son. It took her 16 years to get in contact with me?!?! Mind you, we live in the same town and she could have easily found me 16 years ago. On the birth cert s...

    Jill’s Answer

    Most likely this mother went on welfare, whoever she had listed as the father tested out, so she had to name someone else and you're it. You need to request a hearing and a paternity test. You want a court ordered test so things are done right and the results are admissible. If the child isn't yours, the matter is closed. If the child is yours, they will set child support back to the day she applied. They could go back up to 4 years under NV law, but that is not commonly done (at least not at the support division level, as they lack the resources to figure out what your income was over that timeframe and do not like creating windfalls for mothers in this kind of a situation).

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  • Is my marriage legal?

    Hello, I would like to know if my marriage is legal. Ten years ago my husband had a court hearing and was granted a divorce from his ex wife. We were married two weeks later. Come to find out the judge did not sign his divorce paperwork from his ...

    Jill’s Answer

    It is possible that the Decree the judge signed after your marriage was retroactive (or "nunc pro tunc") to the date of the court hearing. This is quite commonly done to protect people from the days/weeks inbetween the hearing and the time the paperwork gets done. Have an attorney look at his divorce decree and see if it has retroactive, or "effective date" language in it -- as, if it does, his divorce was considered final at the time you married and you can avoid the "putative spouse" stuff my colleague has accurately advised you about.

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  • How can we get a deadbeat dad to pay court ordered child support

    My wife's ex is 5 months behind in court ordered child support and about $3000. in arrears. He refuses to pay and when my wife contacts her case worker at the child support division all she gets is we are waiting to see if files disability paperwo...

    Jill’s Answer

    In our system, $3,000 is a joke. You aren't going to get the caseworker to jump all over this, as the amount just isn't high enough to get their attention in an extremely overburdened system. Better approach is to file a motion for an order to show cause in the underlying custody or divorce case, asking for a judgment on the arrears along with attorney's fees. You have to show he has the ability to pay, which it sounds like you can do with the social media posts (which you need to properly preserve as evidence). Once you have a judgment, you can enforce it on your own, outside of the DA's office.

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  • What can it do?

    My ex offered me a deal, I would get our minor daughter if I dropped the charges of molestation against his father. Everyone but my daughters father believes that she was molested. He has bullied her about it, calling her a liar to her face, threa...

    Jill’s Answer

    First, if there really are charges pending, you cannot "drop" them. It is up to the prosecutor whether or not the charges will be dismissed. Second, if there really are such charges, even if only in the investigative stage, why would you put a "deal" over your child's health, safety, and welfare?? If the child's father is bullying and threatening her, you should be considering getting a protective order on behalf of your child against him. And also notifying CPS. I would hope that your child has a counselor under these circumstances, and can express what is going on with her father to that counselor to get some professional input on whether or not dad's behavior is so bad that his contact with the child should be restricted. And you should also be notifying the police. Threatening or intimidating a witness to a crime is a crime in and of itself. Dad's behavior in telling your child she must "change her story" is witness intimidation/tampering. I would advise that you find a way to protect your child both from her grandfather and from her father, without cutting any under the table "deals" that undermine her credibility and further subject her to victimization.

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  • Does Nevada see the burden of proof for a relocation case on the person petitioning a move or the one opposing it?

    - mother has primary custody (me) - seeking residence in Florida - currently staying with extended family for support in Nevada, but extended family is now seeking residence in Florida - have no other relatives in Nevada - child ha...

    Jill’s Answer

    At first, the parent seeking to move has the burden and must seek permission from the other parent. Then the burden shifts if it is found the parent who wants to move met their burden and the other parent unreasonably denied permission. This is a VERY complex area of the law due to changes made in the Fall of 2015 (found in AB263, not yet codified to the statutes). You would do well to consult with an attorney familiar with these cases before you proceed (including before you ask the other parent for permission to move). Critical to the court's ultimate determination is what reasonable alternative visitation will be available for the non-moving parent -- you need to figure that out, as it seems your child's situation will make travel difficult.

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