Is Child Support Mandatory in Divorce? And Who Pays?

Who pays child support in a divorce?

Are you getting Divorced? Do you and your ex have children? If so, you may wonder about the laws surrounding Child Support. Find the answers to the most commonly asked questions before contacting a Child Support attorney.

Is Child Support Required in Divorce?

Yes. If one or more minor children are involved, Child Support is typically mandatory in Divorce. However, each circumstance is unique and an experienced Child Support attorney will ensure your particular situation is considered.

Did you know that the court can order Child Support payments even if the splitting couple doesn’t request it? Although parties may submit a Child Support agreement to the court, the court is not obligated to approve it.

You have the best chance of having your plan approved if:

The agreement follows Nevada Child Support laws.
The agreement is in the children’s best interests.
Both parents know their rights.
Neither parent was forced into the agreement.
Neither parent has applied for or is currently receiving public assistance.

Which Parent Pays Child Support?

The court presumes that the parent with Primary Physical Custody of the children contributes a significant portion of their resources to provide food, shelter, and clothing. As such, the parent with visitation rights only is typically responsible for making Child Support payments to the parent with Primary Physical Custody.

In Joint Physical Custody cases, one parent may be required to pay Child Support to the other, especially if there’s a large income disparity. The court calculates a Child Support amount for each parent, and the one who owes more is ordered to pay the difference to the other parent. Be aware that the court can impute income if it suspects one or both parents are voluntarily unemployed or underemployed in an effort to pay less or receive more Child Support.

Less commonly, when neither parent has custody, the court may order both parents to pay Child Support to a third party who provides care.

How Does the Court Determine the Amount of Child Support?

Each state has legal guidelines for establishing how much Child Support a divorced parent must pay. In Nevada, these guidelines are based largely on the following:

The parents’ incomes
The number of children
How much time the children spend in their parents’ homes
Childcare costs
Any special needs of the children that cause extra expenses

Child Support can be modified if the circumstances justify it. Examples include increased or decreased parent incomes or substantial change in circumstance.

How Long Does Child Support Last?

Typically, Child Support ends when the youngest child reaches age 18. The exceptions to this include:

The child is still in high school and is not self-supporting.
The child gets married.
The child joins the military.
The child receives a declaration of emancipation from the court.
Both parents agree to a Child Support order that lasts beyond age 18.

Speak with a Child Support Lawyer in Nevada

Nevada Child Support laws changed significantly in 2020, making calculating the payment amount much more complicated. Luckily, our Child Support attorneys at Smith Legal Group understand the nuances of these changes and how they could affect you. For help negotiating a court order, please call our Child Support law firm at 702-410-5001 or contact us online to request a free consultation.