Marathon Areas of Law Practice
NEVADA CHILD SUPPORT
On February 1, 2020, Nevada adopted a new child support law, NAC 425. The new law
changes the percentages for child support amounts and eliminated the child support caps.
When parents share joint physical custody, child support is calculated using each party’s
income in a percentage related to the number of children. If one parent has primary physical
custody, then only the other parent’s income is used to calculate child support.
With the new child support law, you can still stipulate to waive child support, increase support
or decrease support. However, you should obtain advice from an attorney regarding the child
support amounts prior to making any decision to waive or decrease child support. In addition,
the order must state which parent is providing health insurance for the child. In Nevada, the
parents generally split the cost for the child’s health insurance.
If you have an existing child support order under the old law, your child support will not be
automatically modified to the new law. Your child support will be modified pursuant to NAC
425 only when it is time for a three-year review in some cases per recent Nevada Supreme
Court law, or when there has been a 20% change in income or custody is modified. If you
have experienced loss of a job, decrease in income, or increase in income, you should consult
an attorney to find out how this affects your child support obligation under the new law.
It is very important to seek advice if your income has decreased or you lost your job because
child support cannot be modified retroactively. This means, if you are unemployed now,
regular child support still applies until you file a motion to modify support, or both sides agree
to reduced support in a Stipulation and Order. Verbal agreements for child support
modifications are not enforceable by the Court and should not be relied upon.