Nevada child support is regulated according to the Nevada Revised Statues Chapter 125. Child support is calculated utilizing the gross monthly income of the Parties. The amount of child support depends on the number of children as follows: one (1) child is eighteen percent (18%); two (2) children are twenty-five percent (25%); three (3) children are twenty-nine percent (29%); four (4) children are thirty-three percent (33%); and each additional child is two percent (2%). Each year, the Court issues new guidelines to cap child support which is effective from July 1st until June 30th of each year.
In order to determine whether child support is applicable in a particular matter, it must be ascertained what type of physical custody arrangement the Parties are utilizing: joint physical custody or primary physical custody. In Nevada, the presumption is joint physical custody, which means the Parties share physical custody of the children. In a primary physical custody arrangement, one Party has more time than the other Party.
The Court requires any Party requesting financial relief to complete and file an Affidavit of Financial Condition ("AFC"), which is available in the section entitled Download Forms. An AFC is a financial statement which tells the Court the income, monthly obligations, debts, and assets of the Parties.
In a joint physical custody arrangement, the Court will review the AFC of both Parties. According to the holding in Wright v. Osburn, the Court will calculate child support by multiplying the gross monthly income of each Party by the percentage corresponding with the number of children. After obtaining the child support amount each Party will owe, the Court will subtract the difference in child support and utilize the capping guidelines to set child support.
In a primary physical custody arrangement, the Court will utilize the AFC of the non-custodial Party by multiplying the gross monthly income by the percentage corresponding with the number of children. After determining the amount, the Court will apply the capping guidelines.
The Court has the authority to increase or decrease child support based upon the Nevada Revised Statutes. The Court may consider the following in determining whether to increase or decrease child support: the number of dependents, the special needs of the child, which Party provides health insurance, child care expenses, necessary expenses to benefit the child, the relative income of each Party, and transportation costs (this list is not exhaustive or mutually exclusive).