Ri Child Support Motion For Relief In Nevada
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FAQ
Although parents can enter into agreements about child support, such agreements must meet the guidelines set by law and receive court approval. This is because the right to receive support belongs to the child—not the parents. Parents can't waive their child's right to support.
First, Nevada law allows a parent to recover child support for the four years prior to the filing of a legal case. Second, this four year limitation can be tolled (meaning it is stayed) by sending a letter to the paying parent's last known address.
The good news is yes, child support arrears can potentially be forgiven. You would need to have a joint petition filed along with the other parent though, showing that you are both in mutual agreement and jointly requesting that the arrears be waived or forgiven.
Although parents can enter into agreements about child support, such agreements must meet the guidelines set by law and receive court approval. This is because the right to receive support belongs to the child—not the parents. Parents can't waive their child's right to support.
The good news is yes, child support arrears can potentially be forgiven. You would need to have a joint petition filed along with the other parent though, showing that you are both in mutual agreement and jointly requesting that the arrears be waived or forgiven.
In the new Nevada child support laws, there is no presumptive maximum of support. 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.
The supported parent may commence an action to collect arrearages of amounts ordered at any time; there is no time limitation. NRS 125B. 050(3)(a). However, if there is no child support order, the parent with physical custody may recover up to four years of support prior to bringing an action for support.
The amount of time that can pass before a state allows requests for retroactive child payments to be made. Certain states have time limits. For instance, Nevada's maximum time for retroactive child support is three years.
The courts can modify and negotiate child support agreements for any reason since Nevada is a no-fault divorce state. Depending on your time-share agreement or arrangement, a complex formula is used to calculate the amount of the child support, including the following: Your gross monthly income.
