Child support can be modified if the circumstances of the parents or the child change substantially. However, it is not easy to get a change, and you’ll need to be able to prove why a change is necessary to get the court to sign off. A family attorney in Reno, NV can help you get the change you need from the court.
Child support can be changed under the “substantial change” rule in Nevada law. Under this rule, if there has been a substantial change in circumstances, a child support modification can be ordered.
However, the courts do not like to make these changes lightly. It must be clearly proven that your situation qualifies.
How to Request a Change
Either parent can request a change, and in most cases the basic requirement is that there must be a 20% or greater change in income on the part of one of the parents for the change to even be considered. The exception is, of course, if you can prove a substantial change of another type. Some of the most common acceptable substantial changes include the birth of a new child or if the child who is being supported becomes emancipated.
1. Contact a Family Attorney
Your first step should be to contact a family attorney, since a family attorney will be best placed to help you understand whether a change is likely in your circumstances and how to request it.
Your attorney can also make sure that all your required paperwork is filled out properly and filed as it should be, and this is a very big deal. Even under the best of circumstances, it can take six months for the Nevada courts to review a request for a modification and get around to answering you. If you make a mistake in your initial filing, this means you could end up having to file (and wait) again.
2. Fill Out and File All Paperwork
Your attorney will help you fill out your Review & Adjustment Application, and there’s a separate one for the custodial and non-custodial parent. Along with that application, you will have to provide pay stubs or other proof of income, proof of your health insurance coverage and its costs, a written statement of your financial situation if you are unemployed explaining how you’re currently meeting your monthly expenses, receipts for monthly childcare costs, and birth certificates or declarations of parentage if you have parented another child.
It’s worth noting that the courts usually will not change child support for minor issues. They are always on the lookout for a voluntary reduction in the amount of time someone works or even voluntary unemployment. If you’re suffering a short term financial setback or have received a raise or loss of salary that’s less than 20%, your claim will probably be denied.
For help in bringing a strong case for why a modification is appropriate in your situation, contact the Barber Law Group in Reno, NV right away.
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