How to Modify Child Support
Frank and Mary have two children together. Frank and Mary filed a No Fight Divorce last year. A No Fight Divorce means they both agreed to all the terms of the divorce and did not need to go to court. Both Frank and Mary agreed Mary should have primary custody due to Frank’s work schedule as a police officer. Frank agreed to pay Mary child support of $1,760 per month.
Frank and Mary calculated his child support by using our Nevada Child Support Calculator. Frank’s annual salary of $120,000, equates to a Gross Monthly Income (GMI) of $10,000. Mary’s income doesn’t matter because she has primary custody.
This summer, Frank moved back to Arizona to help care for his aging mother. Frank was able to secure a new job as a police officer in this area, but the transfer came with a pay cut. Frank’s new salary is $96,000. Is he able to request a reduction based on his lower salary?
How is Child Support Calculated in Nevada?
In Nevada, the amount of child support to be paid by either parent is set by the Nevada Division of Welfare in NAC 425.
In primary custody situations, the “non-primary” parent (Frank) is required to pay the “custodial” parent (Mary), a specified percentage of his income based on the number of minor children and his monthly income before taxes. There are different percentages based on the number of children and the amount of monthly income earned.
Using the calculator, Frank’s child support based on $96,000 (or $8,000 a month) would be $1,560. Can Frank request a reduction?
When Can You Modify Child Support?
There are three situations which justify modification of a child support order;
- Income has changed by 20%
- Custody schedule has changed from primary to joint or vice versa
- It has been 3 years since the last child support order.
The first situation in which a modification of a child support award is justified is when there has been a 20 percent change in the income of the parent subject to child support. This could be a change with either parent if this was a joint custody schedule. The change can be an increase or a decrease in income.
This is Frank’s situation, where he went from making $120,000 to $96,000 at his new department. It should be noted that if Frank’s income had increased by 20% Mary could ask for an upward modification.
The second situation which justifies a modification is a change in physical custody of the children. If the custody arrangement changes from joint physical to primary physical (or vice versa), a new support calculation should be made.
So, if Frank and Mary’s agreement changes and it is decided that Frank should now be the primary custodial parent, or that they should share joint custody, a modification in Frank’s child support would be warranted.
The third situation is when it has been three years since the last child support order was filed. The passage of three years alone justifies a basis to request modification of a child support order. A change in custody or income is not required. Although if the parent’s financial situation is exactly the same as it was three years ago, a modification may not be justified according to the child support formula.
Request a Child Support Modification?
It is important to note that although the three situations above justify a modification, none of these modifications happen automatically. There needs to be an agreement between the parties, or a request filed with the court. If a parent fails to request a modification they are stuck with the current child support order until they request a change.
Mary never liked Frank’s mother, so she refused to agree to this reduction in Frank’s support amount. Frank will have to file a request with the court. This is a mistake on Mary’s part because the court may award Frank attorney fees for her unreasonable refusal to modify his child support.
To make a modification request for a child support order, Frank will file a request for modification with the court. This is called a motion. Frank will have to provide pay stubs along with a Financial Disclosure Form (FDF). The court will then set a hearing date for the judge will consider Frank’s request, and any objections Mary wants to make.
Frank has experienced a 20% change in income. His reduction in income was not purposeful to get out of child support. Therefore, the judge would grant his reduction.
Schedule a free call to talk with one of our divorce attorneys. Right Divorce Lawyers charges a flat fee for child support modifications.
Call Right Divorce Lawyers