Calculating Child Support in Nevada
In a child custody matter or a divorce where there are children, the court requires each parent to provide adequate financial means to care for the children until they reach the age of 18. Furthermore, a judge may order one or both parents to pay some percentage of support. Your divorce lawyers may decide to not request child support, but the judge may require a significant reason as to why child support should not be awarded.
In Nevada, matters involving child support are governed by Child Support Laws NRS 125B, and NAC 425. These laws established set formulas for judges to calculate child support. Child support is one area where the law is black and white and rarely subjective.
The divorce lawyers in our office have developed a child support calculator. This calculator quickly and easily accounts for the percentages, formulas, and caps that you may encounter during your custody hearings.
Types of Child Support Arrangements
To calculate child support, you need to know three things: the physical custody arrangement, the number of children, and gross monthly income of each parent.
- Physical Custody — There are two types of physical custody: primary and joint. Joint custody describes a situation where the children reside with each parent roughly 50% of the time. Primary Custody describes a situation where the children reside with a parent 61% of the time or more. In joint custody situations, each parent’s income will be offset to calculate child support. This means that the spouse making a higher income will pay support to the spouse with the lower income. When calculating support for primary custody you only use the income of “non-primary” parent to calculate support. For more information on custody review our Child Custody A to Z article.
- Number of Children – The number of children present at the time of the divorce will determine the percentages of income used in the formula. See the chart below for percentage amounts or contact one of our skilled divorce attorneys to help you through the process.
- Gross Monthly Income — Gross income refers to the amount of money a person earns before taxes. Gross income includes your salary, overtime, and self-employment income. If parent owns a business and doesn’t receive a regular paycheck, judges calculate gross income as yearly revenues minus reasonable business expenses.
Child Support Calculations for Primary Custody
In primary custody situations, the “non-primary” parent is required to pay the “custodial” parent a specified percentage of income based on number of children and monthly income. To calculate take the gross monthly income up to $6,000 and times it by a percentage based on the number of children. Then add to this amount a percentage for income earned each month over $6,000 and under $10,000. Then add to this amount a percentage for income earned over $10,000. Before February 1, 2020 the monthly amount could not be more than a set monthly maximum level. This was called a cap. There is no longer a cap.
There are different percentages based on the number of children and the amount of monthly income earned. The chart below can be very helpful should you wish to quickly calculate these percentages. The final amount will be the amount of monthly child support.
To calculate your gross monthly income the court will use your financial disclosure form. Your financial disclosure form (FDF) provides the court a snapshot of your income.
Child Support Calculations for Joint Custody
In joint custody arrangements, each parent’s gross monthly income is multiplied by the percentage. The amounts are subtracted from each other. The parent with the higher income pays the remaining amount. For example, one parent’s custody amount equals $600 per month using the calculation. The other parent’s amount equals $250. The parent with the greater income would subtract $250 from their monthly obligation of $600 and submit a payment for $350 each month. This is referred to as the Wright vs. Osburn offset.
However, there are exceptions to the standard calculations. For example, special needs children may require greater financial support. These calculations may be modified by the judge for reimbursement of medical bills, health insurance premiums, and other necessary expenses.
Child Support Percentages
Number of Children | $6,000 | $6,0000 to $10,000 | Over $10,000 |
One child | 16% | 8% | 4% |
Two children | 22% | 11% | 6% |
Three children | 26% | 13% | 6% |
Four children | 28% | 14% | 7% |
Additional child | 2% | 1% | .05% |
Click here to view our Child Support Calculator.