Child Support in Las Vegas
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When you need to have child support in Las Vegas, you need to find a family law attorney that handles child support law in Las Vegas in order to ensure your rights are recognized by the Clark County courts and your child support is enforceable. When you ask yourself, "Do I need to get child support in Las Vegas?"
Child support is a State mandated expense that parents must pay or risk going to jail. Thus, it is important for a parent to consider several options when there is fallout with the other parent. Failure to prudently assess your situation could result in a parent unexpectedly being fully burdened with child support while the other parent lives on the monthly check.
Child support is determined by the number of children you have, a percentage of your income, and adjustments made for such benefits as health insurance. It is very formulaic and leaves little discretion to the judges. Financial situations will be considered by the court by looking at a "financial disclosure form" described in the following video:
One of the biggest effects on child support is the amount of physical time you spend with your child. Three options are available in Nevada and the following will briefly explore each.
Option 1: Terminate parental rights.
If you have no desire to raise your child or even visit your child, you may be able to completely relinquish all of your rights as well as all of your duties. Few people consider this option because they love their children and because it would be unfair to the other parent. The judicial system frowns upon parents who give up their kids without a very good reason. If you made a human being, you are responsible for its welfare. However, if you can relinquish your rights, you will also not have to pay child support.
Option 2: Primary custody
If you take full responsibility for your child so the other parent only has visitation, then the other parent will have to pay you child support--no ifs, ands, or buts. Sometimes this is the best alternative because one parent is clearly in a better position to raise a child than the other.
I always recommend to my divorcing clients that they seek primary custody because it shows an earnest desire to raise one's child and the other parent may even consent to it. If the other parent fights it, then my clients can always negotiate a settlement for joint custody.
Option 3:Joint Custody (splitting the baby)
Joint custody is favored because it gives equal physical time to both parents. However, the parent who makes more money may have to pay child support to the other parent. The rationale for this is that a child should not spend half its week in a mansion and the other half in a cardboard box. However, if both parents make the same income then child support is not awarded to either party. If both parents should be making nearly the same amount of money, but one is not working but living off child support, then the paying parent can ask the court to adjust the child support based on "willful" unemployment.
It is crucially important to your relationship with your child and the other parent that you consider each of the above-listed alternatives with an attorney. The option you choose will affect the time you spend with your child and the amount of child support you have to pay or that will be paid to you.
You may read more on how to legally avoid child support.
Can you contract around the Child Support Laws?
Many laws can be contracted around by parties entering into a contract. In those cases, the law is considered a default provision. In divorce proceedings, the mother and father will many times prepare a settlement contract in which they address many provisions, such as child custody and visitation, spousal support, and child support. Child Support can be contracted to a certain extent and an attorney should be consulted to discuss the limitations.
If you think you have a valid agreement with your ex about child support and have not consulted an attorney, you could be very wrong. Listen to the video below to protect yourself.