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I Can't Afford to Pay Support. What Can I Do?

Posted by Charles E. Barnabi | Apr 06, 2017 | 0 Comments

If you are currently struggling to pay monthly child support, you may be eligible for child support modification in Nevada. It is imperative to understand that the court makes child support decisions based only on income and not on the parent's expenses for the child.

When you request a modification of child support, you need to prove that after the original order was issued, a “substantial change of circumstances” occurred, making the original amount you're paying inappropriate. This change is not something that has been previously addressed during the divorce proceedings.

Nevada law allows for child support to be modified under either of two circumstances. First, a parent's income has changed – upwards or downwards – by at least 20 percent. The second of these circumstances is the passage of time, since a parent may request that child support be reviewed by the court every three years.

In addition, your child custody arrangement will impact the type of child support modification you are eligible for. If you have joint custody, then child support will be calculated based on the income of both parents. A change in income of either parent may affect the amount of support paid, as well as which parent is paying. If a parent has primary custody, then support will be determined solely by the income of the non-custodial parent.

If you are struggling to pay your monthly child support and believe that you are eligible for a Nevada child support modification, contact our Henderson family law attorney at McDonald Law Offices, PLLC and request a consultation today.

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