Nevada Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

State:
Multi-State
Control #:
US-00799BG
Format:
Word; 
Rich Text
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Description

A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
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FAQ

In Nevada, you can modify your child support when there is a minimum 20% change in income. Child support is reviewable every three years.

A change of circumstances refers to the showing required by a party seeking to modify a prior child support, spousal support, or custody order. Generally, the change in circumstances must be substantial in nature and due to facts that were unknown or unanticipated when the prior order was issued.

Some general examples of a substantial change in circumstance include the following: Change in the child's needs. Change in the parent's situation. Physical relocation of the custodial parent.

Common ?substantial changes in circumstances? may include: a loss or gain of employment, a sudden change in either party's finances, a relocation of the parties or children, a death, a change in the child's wishes, etc.

The ?30/30 Rule? means that if a parent pays a medical expense for a child that is not paid by insurance, that parent must send proof of the expense to the other parent within 30 days of paying. The other parent then has 30 days to reimburse the paying parent ½ the cost.

A modification can be requested by either the Custodial or Non-Custodial parent. When should I request for modification review? Generally, a modification is considered if there is a 20% change in income or a substantial change of circumstance such as: (Proof of change in circumstance is required.)

?Unfit parent? is any parent of a child who, by reason of the parent's fault or habit or conduct toward the child or other persons, fails to provide such child with proper care, guidance and support. NRS 128.020 Jurisdiction of district courts.

Process to Modify a Divorce Order in Las Vegas, NV If the parties can agree on the modification that needs to be made then a modifications attorney can prepare a stipulation and proposed order for the court's consideration.

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Nevada Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support