As of February 1, 2020, Nevada made the most sweeping changes to its child support laws in over 30 years. The prior Nevada child support statutes in Chapter 125B of the Nevada Revised Statutes were entirely replaced by administrative regulations set out as Chapter 425 of the Nevada Administrative Code, which may be reviewed at https://www.leg.state.nv.us/NAC/NAC-425.html.
Those regulations, and the case law, govern who has an obligation, how long the obligation lasts, what the obligation is, when and how the obligation may be modified, and limited issues regarding collection of the obligation.
Basically, all parents have a duty to support their children, regardless of marital status. The duty of support continues until 18 (or 19, if the child is still in high school). The obligation could extend indefinitely for a handicapped child.
Nevada Child Support Formula
Free Tools to Calculate Child Support Under the Regulations
As part of our work creating the full MLAW Child Support program, we developed a dynamic estimator under the regulations – its free, and posted on the main landing page of www.willicklawgroup.com under the heading “New Child Support Regulations Interactive Graph: Click here to learn more.”
It allows anyone to get a quick view of support across a range of numbers of children and income levels in a couple seconds, and takes into account the poverty-level alterations for low income cases.
The full MLAW Child Support program is designed in question-and-answer format, to take into account the split custody situations and do automatic calculations of the offsets, taking into account the poverty guidelines on the low end, and do the math for medical and child care costs. It takes only moments to enter all required information.
We have donated it to public use, and made it available on line to anyone, from any device, in all Nevada self-help centers, the law libraries, and the courtrooms (at least in Clark County) so even pro se litigants can quickly and correctly calculate support under the new regulations.
You can get to the program at https://scalc.mlawapp.com. It has been added to the landing page for the WLG and QDRO Masters web sites, and is an option for anyone logging into the home page of MLAW as well. Results can be printed to take to court.
The program will be tweaked as the regulations are altered, as we have been told they will be, for example to provide better methodology for dealing with alimony in child support calculations, and other complications.
Details on How the New Regulations Calculate Support Obligations
2. Interest and investment income not including the principal.
3. Social Security disability and old-age insurance benefits under Federal law.
4. Any periodic payment from a pension, retirement plan or annuity that is considered “remuneration for employment.”
5. Net proceeds resulting from workers’ compensation or other personal injury awards intended to replace income.
6. Unemployment insurance.
7. Income continuation benefits.
8. Voluntary contributions to a deferred compensation plan, employee contributions to an employee benefit or profit-sharing plan, and voluntary employee contributions to any pension or retirement account, regardless of whether the account provides for tax deferral or avoidance.
9. Military allowances and veterans’ benefits.
10. Compensation for lost wages.
11. Undistributed income of a business entity in which a party has an ownership interest sufficient to individually exercise control over or access the earnings of the business, unless the income is included as an asset for the purposes of imputing income pursuant to a separate section of the proposed guidelines. The regulations further define what is included:
a. “Undistributed income” means federal taxable income of a business entity plus depreciation claimed on the entity’s federal income tax return less a reasonable allowance for economic depreciation.
b. A “reasonable allowance for economic depreciation” means the amount of depreciation on assets computed using the straight- line method and useful lives as determined under federal income tax laws and regulations.
12. Child care subsidy payments if a party is a child care provider.
14. All other income of a party, regardless of whether such income is taxable.
2. Foster care or kinship care payments.
3. Benefits received under the federal Supplemental Nutrition Assistance Program.
4. Cash benefits paid by a country.
5. Supplemental security income benefits and state supplemental payments.
6. Except as otherwise provided in the guidelines, payments made for social services or any other public assistance benefits.
7. Compensation for losses, including, without limitation, both general and special damages, from personal injury awards not intended to replace income.
Other Notable Changes from Prior Nevada Child Support Law
Other Statutory and Case Law Requirements for Child Support Orders
WILLICK LAW GROUP has extensive experience in child support cases. Mr. Willick chaired the State Bar of Nevada Committee that reviewed Nevada’s child support laws in 1992 and 1996, and several attorneys of the firm have written and lectured on the subject.
- Rivero v. Rivero (defining legal and physical custody and how child support varies with custody)
- Percentage of Custodial Time in Typical Custody Schedules
- Worksheet A – Primary Physical Custody Child Support Calculation Worksheet; you will need to print the Presumptive Maximum chart below before filing out this worksheet.
- Worksheet B – Joint Physical Custody Support Calculation Worksheet; you will need to print the Presumptive Maximum chart below before filing out this worksheet.
- Presumptive Maximum Amounts Adjusted for July 1, 2019 to June 30, 2020
- Presumptive Maximum Amounts Adjusted for July 1, 2018 to June 30, 2019
- Child Support by Hourly Wage 2018-2019 Spreadsheet
- Presumptive Maximum Amounts Adjusted for July 1, 2017 to June 30, 2018
- Child Support by Hourly Wage 2017-2018 Spreadsheet
- Presumptive Maximum Amounts Adjusted for July 1, 2016 to June 30, 2017
- Child Support by Hourly Wage 2016-2017 Spreadsheet
- Presumptive Maximum Amounts Adjusted for July 1, 2015 to June 30, 2016
- Child Support by Hourly Wage 2015-2016 Spreadsheet
- Presumptive Maximum Amounts Adjusted for July 1, 2014 to June 30, 2015
- Child Support by Hourly Wage 2014-2015 Spreadsheet
- Presumptive Maximum Amounts Adjusted for July 1, 2013 to June 30, 2014
- Child Support by Hourly Wage 2013-2014 Spreadsheet
- Presumptive Maximum Amounts Adjusted for July 1, 2012 to June 30, 2013
- Child Support by Hourly Wage 2012-2013 Spreadsheet
- Presumptive Maximum Amounts Adjusted for July 1, 2011 to June 30, 2012
- Child Support by Hourly Wage 2011-2012 Spreadsheet
- Presumptive Maximum Amounts Adjusted for July 1, 2010 to June 30, 2011
- Child Support by Hourly Wage 2010-2011 Spreadsheet
- Presumptive Maximum Amounts Adjusted for July 1, 2009 to June 30, 2010
- Child Support by Hourly Wage 2009-2010 Spreadsheet
- Presumptive Maximum Amounts Adjusted for July 1, 2008 to June 30, 2009
- Child Support by Hourly Wage 2008-2009 Spreadsheet
- Presumptive Maximum Amounts of Child Support 2007 to June 30, 2008
- Presumptive Maximum Amounts Adjusted for July 1, 2006 to June 30, 2007
- Presumptive Maximum Amounts Adjusted for July 1, 2005 to June 30, 2006
- Child Support Arrears Worksheet
From a CLE in Nevada on Family Law Jurisdiction (Nov. 1, 2012)
- The Basics of Family Law Jurisdiction
- Initial Child Support Jurisdiction
- Child Support Modification Jurisdiction
Other CLE Materials, Articles, and Resources
- Why the Nevada Welfare Division is Calculating Interest and Penalties Incorrectly, and How It Injures Nevada Litigants, 23 Nev. Fam. L. Rep., Winter, 2010
- Child Support Enforcement / Modification Statutes Updated Per SB77 as of October, 2007 (Registration of order for enforcement).
- Three volume 1992 Report of the Child Support Statute Review Committee
- 1992 Report (exhibits)
- One volume 1996 Child Support Statute Committee Report
- What Almost Happened to Child Support in Nevada, a Why We Still Have to Fix It (Nevada Lawyer, 2007)
- Actual Calculation Differences between Marshal Law program and Welfare’s NOMADS program
- Financial Disclosure Form
- Financial Disclosure Form (worksheet 16.2)
- Financial Disclosure Form – exhibit A (2009 Rule 11 Amendments)
- Financial Disclosure Form – exhibit B (2009 NRCP 16.2 Amendments)
- Litigation Budget Form
- Model UIFSA with Comments (2001)
- Required Child(ren) Related Information checklist
- USDA Cost of Raising a Child Calculator
- Self Help Center Brochure
- Fernandez v. Fernandez, 126 Nev. ___, 222 P.3d 1031 (Adv. Opn. No. 3, Feb. 4, 2010) (attempted stipulations to make child support awards non-modifiable are unenforceable as against public policy)
Links to Other Web Sites
- Child support chapter of NRS
- Inflation Calculator
- NRS 125B.070 – Basic child support statute
- NRS 125B.080 – Child support statute governing deviations from basic formula amount
- NRS chapter 130 – Uniform Interstate Family Support Act (UIFSA)
© Willick Law Group
About the Author
Marshal S. Willick, Esq. is the Principal of the Willick Law Group, an A/V-rated Las Vegas family law firm, and QDROMasters, its pension order drafting division.
He can be reached at
3591 East Bonanza Rd., Ste. 200, Las Vegas, NV 89110-2198.
Phone: (702) 438-4100
Fax: (702) 438-5311
Email: [email protected]