Parents must provide financial support for their children. In cases of divorce or cases where the parents have never been married, that may mean paying child support. Child support in Nevada is determined by state law.
The new child support formula in Nevada is in effect as of February 1, 2020. The new rules impact thousands of Nevada residents. If you have a current child support order in place, it’s important to understand how these changes may affect you. Our experienced Las Vegas child support lawyers explain what you need to know about the changes.
The new law for child support in Nevada is a tiered percentage of the gross income of the paying parent. The new law for child support establishes a tiered payment of gross income that decreases in higher tiers of income.
For one child, the paying parent pays 16% of their first $60,000 of gross income. They pay 8% of gross income from $60,001-$100,000, and 4% of gross income above $100,000. There are higher amounts for additional children. Nevada Revised Statutes 125B creates the rules for calculating child support in Nevada.[1]
Nevada child support laws 2020 change the flat rate formula into a tiered formula based on the income of the paying parent. While parents paid a flat amount up to a total under the old system, now a parent pays one rate for the first $60,000 of income, a lower rate for income from $60,001-$100,000, and a further decreased rate for income over $100,000. The Nevada child support laws 2020 decrease support payments for low-income parents while raising them for high-income parents.
The system works similar to federal income taxes, where you pay a certain percent of the first tier of income and then a different percent for additional income. In the new Nevada child support laws, there is no presumptive maximum of support.[2] Instead, whatever the amount is, based on the parent’s total income, is presumed to meet the needs of the child. The parents can rebut that presumption by presenting evidence and asking the court to order a different amount. However, in most cases, the court orders the presumptive amount.
Even though the new child support formula modifies payment amounts for virtually all payers and recipients, parents currently in the system can’t automatically get their order changed. Instead, you have to qualify for a modification of support based on a change in circumstances or when it’s time for the three-year review.
You must have statutory grounds for a modification in order for the court to apply the new formula. If there are no statutory grounds to review the child support order sooner, the court should apply the new formula when it’s time for your periodic review.
The changes in the new Nevada child support model are not small; in fact, the flat-rate model for determining child support has been removed entirely. Now, parents making under $60,000 pay 16% of gross income – two percent less than they paid under the old system. For higher-earning parents, there’s no cap. That results in higher payments for most parents who make more than $60,000. Nevada Revised Statutes 125B.070 gives the rules for determining gross income.[3]
To clarify: child support will now be broken down into three groups:
Quite a few people have pointed out that, while this system may be beneficial for the one giving payment, it is not necessarily beneficial for the one receiving. This is because the first two groups will be paying less in support than before.
The new Nevada child support formula is different because it uses a tiered system for income rather than a flat percentage regardless of how much a person makes. Using the previous child support calculator, a parent who paid support, making under $60,000, paid more than they pay under the new system. However, high-income parents can expect to pay more than before. Under the new system, there is no cap. People earning high amounts of money per month will pay according to their income, no matter how high.
Related:Â What Does Child Support in Nevada Cover?
A more detailed breakdown of the new tiered system follows:
For one (1) child, the sum of:
(a) Sixteen percent (16%) of the first $6,000 of the obligor’s monthly gross income;
(b) Eight percent (8%) of monthly gross income over $6,000 but equal to or less than $10,000; and
(c) Four percent (4%) of monthly gross income over $10,000.
For two (2) children, the sum of:
(a) Twenty-two percent (22%) of the first $6,000 of the obligor’s monthly gross income;
(b) Eleven percent (11%) of monthly gross income over $6,000 but equal to or less than $10,000; and
(c) Six percent (6%) of monthly gross income over $10,000.
For three (3) children, the sum of:
(a) Twenty-six percent (26%) of the first $6,000 of the obligor’s monthly gross income;
(b) Thirteen percent (13%) of monthly gross income over $6,000 but equal to or less than $10,000; and
(c) Six percent (6%) of monthly gross income over $10,000.
For four (4) children, the sum of:
(a) Twenty-eight percent (28%) of the first $6,000 of the obligor’s monthly gross income;
(b) Fourteen percent (14%) of monthly gross income over $6,000 but equal to or less than $10,000; and
(b) Seven percent (7%) of monthly gross income over $10,000.
For each additional child, the sum of:
(a) An additional two percent (2%) of the first $6,000 of the obligor’s monthly gross income;
(b) An additional one percent (1%) of monthly gross income over $6,000 but equal to or less than $10,000; and
(c) An additional one-half percent (0.5%) of monthly gross income over $10,000.
When it comes to Nevada child support, you deserve to have the law enforced. Contact Half Price Lawyers today for your free consultation. Payment plans are available.
[1]Â NRS Chapter 125B
[2] Presumptive Maximum Amounts of Child Support. (2020, February 3). Retrieved 19 March 2020, from https://nvcourts.gov/AOC/Administration/Budgets_and_Accounting/News/Presumptive_Maximum_Amounts_of_Child_Support/
[3]Â NRS 125B.070
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