Calculating Child Support in Nevada, a Quick and Simple Primer.
In Nevada child support is mainly derived by statute. The two primary child support statutes are N.R.S. §§ 125B.070 and 125B.080. Child support is adjusted further based upon timeshare and that rule is derived from two primary cases, Rivero v. Rivero , 125 Nev. 410, 216 P.3d 213 (2009) and Wright v. Osburn, 114 Nev. 1367, 70 P.2d 1071 (1998). Finally there are adjustments made for deviation factors that are applied to the base child support formula, those deviation factors that can be argued are outlined in N.R.S. §125B.080. In Joint Physical Custody arrangements, for child support, each parent’s gross monthly income is calculated. The statutory percentage of each parent's income is determined and those two percentages are subtracted. The number that remains is the amount of support to be paid by the higher earning parent to the lower income earning parent. If this amount is above the statutory cap then the cap is applied at this time. Under Nevada law in JOINT PHYSICAL custody arrangements each parent shares custody at least 40% of the time. A 60-40 timeshare, or at least three whole days a week for the 40% parent and four whole days a week for the 60% parent. You do not calculate this on an hourly basis, in parts, or over a year. For Joint Physical Custody you must have at least three consecutive whole days during a regular week with the children, that is a 40% timeshare. If one parent or the other does not split the time at 60-40 then this calculation is not done. So if you get a 61-39% timeshare in your favor joint physical custody calculation is not done because the Court deems anything above 60% primary physical custody in favor of the parent with that 61% timeshare. If one parent gets a 61-39% timeshare in their favor the other parent will pay child support because the parent with the 61% timeshare will be deemed the Primary Physical Custodian. It is straightforward when all the children are covered by the same custody and visitation schedule and there is a clear primary or joint physical custodial arrangement. But what about the tough cases when there are multiple children and they are not all following the same custody and visitation schedules? For example, in a family with three children, Mom and Dad share joint physical custody of two and Mom is the primary physical custodian of the third child. The law in Nevada is unclear as to calculating child support for this particular type of case. Consequently, there are two ways it can be argued. (1) Offset calculation on two for 25%, straight 18% on primary custody. 50K for Dad 25K for Mom Two that are joint 25% of 50K, $1,042 25% of 25K $521 1,042- 521 = $521 One Primary 18% 18% of $50K = $750 (125B.070 Cap Applies at $630) $630 + $521 = $1,151 (2) Three children for one family is 29%, regardless of where they live. 50K for Dad 25K for Mom 29% of $50K = $1,208 divided by 3 = $201. 29% of $25K = $605 divided by 3 = $202. Two that are joint, $403 - $202 = $201 X 2 = $402 One primary custody, Dad would pay $201. Total CS = $603 So though calculating child support in Nevada is relatively straightforward and based clearly in longstanding statutes and case law, there remains one unclear area that needs clarification. Until clear direction comes from a case clarifying situations like these the two-sided argument remains.