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It is important to know that if the payor defaults or is in arrears with child support, an order for arrearages may be requested by the custodial parent. Under such a situation the first step is to file a Schedule of Arrears and a Motion with the Court. The Robinson Law Group is a Las Vegas, Nevada law office practicing exclusively in the areas of divorce, child custody, and other family-law related matters. Collecting on child support arrears, however, constitutes a different situation. Thus, it is very important for a parent to always understand his or her rights and obligations regarding child support. Las Vegas, Henderson, Summerlin, Boulder City, and other Clark County, Nevada areas, how the discovery process can be used to prove underemployment, how the Clark County Family Court handles unpaid child support cases, How Las Vegas Courts Deal with Individuals Who Do Not Pay their Child Support, Filing For An Expedited Change Of Child Custody Hearing In Las Vegas, Nevada, What Las Vegas Parents Can Expect At Their First Supervised Visitation Session, Collecting Child Support Arrears In Las Vegas, Nevada. Owing less than $10,000 in support carries up to six months in jail, while owing $10,000 or more carries up to 5 years in prison. In addition, child support arrears can be reduced to judgment against any non-paying parent and a lien can be recorded against any of his or her real property. Either parent can petition the court to modify a child … Your email address will not be published. We take pride in providing a high level of service and we look forward to speaking with you. Ask the Court for Payments of Your Child Support Arrears. Nevada may then provide child support collection assistance to the other state or to the custodial parent. If you are in arrears $2,500 or more, you are expected to pay (or in some cases make arrangements) the appropriate state child support agency before applying for your passport. Nevada’s laws on child support payments, including arrearages, are covered in Chapters 125B and 130 of Nevada Revised Statutes. The Robinson Law Group can assist clients seeking Nevada child support and child support arrears. In this article I will discuss the process of collecting child support arrears. When Nevada’s support enforcement agency receives a request from the support enforcement agency of another state, Nevada adopts that request as a certification of the past-due amount owed in the other state. Child support is the amount of money that a court orders a parent or both parents to pay every month to help pay for the support of the child (or children) and the child’s living expenses. My last article discussed how the discovery process can be used to prove underemployment. withholding of Nevada welfare benefits, or other collection methods. Code § 9-14-233. Child support arrears are another matter which must be dealt with. Notwithstanding the transfer of an obligation for the support of a child made pursuant to this section, any arrears in the payment of an obligation for the support of a child accrues to the person who had lawful physical custody of the child at the time that the payment was due and remains due until paid in full. This is one of the reasons why it is crucial to go to Court as soon as possible if you believe your counterpart is underemployed. Collecting on child support arrears, however, constitutes a different situation. Complete Child Support Arrears Forgiveness Nevada 2020 online with US Legal Forms. Even with these differences, however, the rule is that child support payments must continue until the arrears balance is paid in full, regardless of the child… To ensure that matters are handled properly it is best to retain a family law attorney. For example, child support payments can be withheld from paychecks, unemployment benefits and tax refunds. It is also referred to as “child support arrearage” or “arrears.” When child support is not paid pursuant to the Court Order, and no attempts are made to pay down the arrears, then interest, attorney’s fees, and court costs can be imposed. Can a Nevada child support order be modified? Nevada’s Department of Health and Human Services administers Nevada’s Child Support Enforcement Program, which is designed to make child support more reliable; thereby, increasing families’ self-sufficiency. Child support arrears may be collected by the state through wage garnishment, bank levy. Amy M. Friedlander, Esq. If the non-paying person is found to be in contempt then they will likely be required to pay the moving party’s legal fees and they may face jail time. Under such a situation the first step is to file a Schedule of Arrears and a Motion with the Court. A conviction will result in not only a criminal record but also the potential of spending six months in jail. Las Vegas child support arrears lawyer. Nevada law only allows a custodial parent to collect child support arrears from a non-custodial parent when there is a court order requiring child support payments. The duty of support continues until 18 (or 19, if the child is still in high school). This is the next post in my series on dealing with underemployment in Las Vegas, Nevada child support cases. Calculates interest to date on any lump sum or periodic arrears. If you believe that you are not receiving a fair amount, however, then it is important to speak with counsel. 10% per annum. withholding of Louisiana welfare benefits, or other collection methods. Nevada law allows collection of child support arrears from various sources. If there is no court-ordered child support in your case, you will not be able to collect back child support unless you first get a court order. Arrears occur when a party is under a Court Order to pay a certain amount of child support and they are failing to do so. No need to navigate the legal waters alone, Law for Families is here to help! If you have questions about your rights or the process then contact my office today to speak with a lawyer. Again, the longer you wait to speak with an attorney then the more likely it is that you will not be able to recover the full amount which you believe you are owed. Nevada Statute of Limitations on Back Child Support Payments (Arrears) According to Nevada law, there is no statute of limitations on child support enforfcement if the court order exists. Save or instantly send your ready documents. If you are obligated to pay a child support … The obligation could extend indefinitely for a handicapped child. A Nevada court may order the non-custodial parent to pay up to four years of back child support, as well as future support, even if there was no previous court order in place. Once a child support order is established, the enforcement office can collect the money through wage garnishments, IRS tax refund intercepts, and driver’s license suspensions. (To learn about income withholding orders and other ways child support can be collected, see Child Support Enforcement Obligations. Nevada has adopted the Interstate Family Support Act, included in Chapter 130 of Nevada Revised Statutes, to govern child support collections across state lines. Child support in Nevada is calculated pursuant to a formula set forth in NRS 125B of the Nevada Revised Statutes which involves performing a calculation of your gross monthly income based on how many children you have; 18% for 1 child, 25% for 2 children, 29% for 3 children, 31% for 4 children, and 2% for each additional child after 4. Nevada law also allows suspension of the non-custodial parent’s driver’s license, professional licenses or U.S. passport for failing to pay past due support. “Back child support” is the child support amount set out in a court order that is owed but currently unpaid. The Child Support Enforcement Program provides many services, including assistance in locating non-custodial parents, establishing and enforcing support orders, establishing paternity and collecting child support payments. The allocation or apportionment of a support collection to the various types of debt within a child support case, as specified in 45 CFR 302.51, (e.g., monthly support obligations, arrears, ordered arrears, etc. Additionally, child support liens may be placed on the non-custodial parent’s bank accounts and real property. by Amber Robinson | Jul 11, 2017 | Child Support | 0 comments. ... and non-payment could result in thousands of dollars of arrears accruing against you! I explain the process, and things to consider, in this video: It is understandable that child support is a sensitive subject between Las Vegas parents. Calculating the correct amount of arrears can be complicated and can depend on several factors. Las Vegas Child Support Arrears Attorney To say that time is of the essence in collecting the child support you are entitled to would be an understatement. 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