Know the Laws: Nevada
UPDATED May 30, 2008
- Can I file for child support even though I don't have a custody order from court?
- How is paternity (legal fatherhood) established?
- How will the amount of child support be decided?
- I didn't file for child support until a few years after the child's father and I separated. Can I still get support for those years?
- I am going through a divorce - can I get alimony (financial support) from my husband?
back to topCan I file for child support even though I don't have a custody order from court?
Yes. You can file for child support once paternity is established even if there is no legal custody order as long as the child is physically living with you. To read about the definition of paternity and how to establish paternity, go to How is paternity (legal fatherhood) established?
back to topHow is paternity (legal fatherhood) established?
The first thing that needs to happen before filing for child support is that the biological father needs to be recognized as the "legal father." This is known as "establishing paternity."
If you were married or widowed when you gave birth to your child, then your husband is automatically considered to be the child's legal father (and paternity is automatically established). If you were unmarried when you gave birth to your child, paternity can be established in two ways:
1. You and the father can sign form called a "voluntary acknowledgement of paternity" that must be witnessed or notarized and then filed with the Bureau of Health Planning & Statistics Office of Vital Records. Most hospitals can help with this process or you can get the Voluntary Acknowledgement form directly from the Bureau. The father can sign an Acknowledgement of Paternity even if he is married to someone else.*
2. If the father refuses to sign the form, you can file a paternity case in court. If you cannot find the father, your local Child Support Office can assist you (go to http://dwss.nv.gov/index.php?option=com_content&task=view&id=123&Itemid=320 to find the office near you). They will help you in identifying and locating the father. You do not have to be on public assistance to get help from the Child Support Enforcement Program. Once in court, if the father denies paternity, the judge would likely order genetic testing (a DNA test). The court decides who pays for genetic testing; generally the father pays the costs.*
For more information on how to file a paternity case, you can contact your local courthouse. Please see our Courthouse Locations page for the contact information of a courthouse near you.
However, establishing paternity can also give the father the right to file for court-ordered visitation or custody. If this is a concern of yours, you might want to talk to a lawyer before filing a paternity case. To find a lawyer in NV, go to our Finding a Lawyer page.
* This information was adapted from the Nevada Department of Health and Human Services website at http://dwss.nv.gov/index2.php?option=com_content&do_pdf=1&id=65
back to topHow will the amount of child support be decided?
Nevada, like most states, has a formula that it uses for determining how much a parent should pay in child support. Although there are exceptions, judges will generally award the parent who has custody the following percentage of the other parent's gross income:
- for one child, 18 percent;
- for two children, 25 percent;
- for three children, 29 percent; and
- for more than three children, an additional 2% per child is added.*
In addition to the child support amount ordered, expenses for health care which are not reimbursed, including expenses for medical, surgical, dental, orthodontic and optical expenses, must be paid equally by both parents unless there are "extraordinary circumstances" that require one parent to pay more than the other.***
Upon your request, a child support order will normally be reviewed by the court once every 3 years to see if it should be modified (changed). However, it can be reviewed at any time on the basis of "changed circumstances." One example of changed circumstances would be if the income of the parent who is paying the child support increased by 20 percent or more.***
If you are currently receiving child support, but feel that it is not enough to meet your child's needs, you can request that the court modify, or change, the amount. To do this, you will file a motion to modify child support at your local courthouse. Please visit our NV Courthouse Locations page for the courthouse nearest you.****
Your child support award may also be changed if the paying parent can show a judge that his or her circumstances have changed. A judge will likely adjust your child support award if the paying parent's income changes by 20 percent or more.*****
* N.R.S. §125B.070(b)
** N.R.S. §125B.080(5)
*** N.R.S. §125B.080(7)
**** N.R.S. §125B.145(1) & (4)
back to topI didn't file for child support until a few years after the child's father and I separated. Can I still get support for those years?
When you file for child support, you have the right to seek support for the past four years leading up to the date you file for child support. However, you and the father must have been living separately for that period of time and must have had physical custody of the child during that period.**
** N.R.S. §125B.030
back to topI am going through a divorce - can I get alimony (financial support) from my husband?
Possibly. If you are in the process of getting a divorce, a judge may order your spouse to provide you with financial support, also known as alimony. A judge can issue a temporary order while the divorce is going on and a final order last will last for a certain period of time once the divorce ends.
Some of the factors that a judge will consider when deciding whether to give you alimony are each spouse's financial position, income, age, health, earning capacity, your contribution as a homemaker, your career before the marriage, the standard of living during the marriage, and how long the marriage lasted.*
The judge can also grant you alimony for the purpose of getting job training or education towards a career, especially if your spouse improved his education or career during the marriage and if you financially supported him during that time.**
If the paying spouse's income changes by 20 percent or more, this could be a reason that the alimony amount may be modified (changed).***
* N.R.S. §125.150(8)
** N.R.S. §125.150(9)
*** N.R.S. §125.150(11)