Results 1 to 4 of 4
  1. #1
    Join Date
    Jun 2014
    Posts
    1

    Default Why is a Parent With More Parenting Time Being Ordered to Pay Child Support

    My question involves child support in the State of: Nevada
    My husband and I have his 3 kids just as much, if not more, then his ex-wife. We provide just as much and even more then she does. Yet, He pays her child support. We also provide half of all extra cirucular and provides full insurance on them. The reason for the divorce was she had an affair and wanted him to move out. Does this not have any clout with the courts? Even with all that we provide, she still always continues to ask for additional money for one reason or another. What are the chances of child support being reversed or reduced if we provide all of this? Why does she still get Child support if we are the ones that have them most of the time? Why is he being faulted for making a little more then her? Is it possible for a very loving, supportive father to actually have rights and fairness in this case? We know this is going to be an uphill battle, But it's to the point where she is sucking him dry and it is just hurting the kids in the long run, it's taking away from activities we like doing with them because we can no longer afford it. Any advice would be greatly appreciated!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Why is a Parent With More Parenting Time Being Ordered to Pay Child Support

    You can review Nevada's child support formula here.

    Possibility #1: The custody order calls for a different time split, the parties have entered into an arrangement that gives dad more time, but the parties have chosen not to formalize that arrangement with a new order or to have support recalculated.

    Possibility #2: Dad makes so much more money than mom that, even though he has primary custody, the formula still requires that he pay support.

    Possibility #3: Despite your characterization, this is a shared custody case and support is consistent with the parenting time split and state formula.

    There could be other possibilities as well, depending on the full facts.

    Dad doesn't get to avoid supporting his kids merely because their mother had an affair during their marriage. It's wholly irrelevant.

  3. #3

    Default Re: Why is a Parent With More Parenting Time Being Ordered to Pay Child Support

    Quote Quoting jdmthurman
    View Post
    My husband and I have his 3 kids just as much, if not more, then his ex-wife.
    If you're implying that dad is actually acting as the primary custodial parent, yet his court order regarding support doesn't reflect this, then the obvious solution is that dad can attempt have the custody order amended to reflect these facts, which may in turn open the door for the child support order to also be amended. Neither order is going to amend itself. Dad will have to take steps to ask the court to reconsider custody as reflected in actual practice.

    We provide just as much and even more then she does. Yet, He pays her child support. We also provide half of all extra cirucular and provides full insurance on them.
    Excellent.


    The reason for the divorce was she had an affair and wanted him to move out. Does this not have any clout with the courts?
    It doesn't have any impact on how much support his CHILDREN are entitled to, no. Child support isn't a "punishment" inflicted on one parent, nor a "reward" awarded to the other parent. It's simply money for the support of the children, as calculated by the court based on pre-existing formulas, that gets paid to a legal adult guardian, since the children can't manage their own financial affairs. (so if, for example, the children's Aunt Betty had legal custody of them, dad would owe the money to Aunt Betty, or if the children were in state custody or foster care, dad would owe the money to the state). The courts aren't going to punish the CHILDREN for mom's affair by lessening the amount of support the CHILDREN are entitled to. Although it might FEEL like mom is being "rewarded" with dad's child support check, she's not; not in the court's eyes.


    Even with all that we provide, she still always continues to ask for additional money for one reason or another.
    Dad: "no". Easy.



    What are the chances of child support being reversed or reduced if we provide all of this?
    We have no possible way to calculate that. If dad thinks there has been a SUBSTANTIAL change since the court's original orders, he can ask the court to re-evaluate the situation. He should do this WITH the assistance of local legal counsel, who will be his best guide to the personalities and habits within your local court system.



    Why does she still get Child support if we are the ones that have them most of the time?
    Because that's what is outlined in the child support order? Again, orders don't change just because circumstances change. Orders get changed when a JUDGE changes them...and judges don't get involved until someone brings the matter before the court. Until and unless the ORDER is changed by a judge, dad owes what the order says he owes, regardless of what circumstances may be different.

    Why is he being faulted for making a little more then her?
    We have no way to know WHY his orders were constructed as they were. As Mr. K pointed out, there are MULTIPLE reasons why the numbers might be what they are in the current order. Dad needs to speak to a local family law attorney to discuss if there has been a significant CHANGE in circumstances that would warrant the court re-visiting the situation for possible modification.


    Is it possible for a very loving, supportive father to actually have rights and fairness in this case?
    Sure it is. But dad is going to have to take steps to actually cause that to happen, starting with speaking with a local family law attorney about the change in circumstances, and leading to a formal motion before the court to re-evaluate.


    We know this is going to be an uphill battle
    Might be, yes. But might not be. If the children can be shown to be spending a grossly disproportionate amount of time with dad, and this has been going on for some substantial period of time, and dad uses competent counsel with whom he has consulted and who understands the totality of the circumstances and dad's goals and who feels that dad has a decent shot...then dad may really HAVE a decent shot. What are the ages of the children concerned?


    Any advice would be greatly appreciated!
    Dad + his current custody and support orders + evidence of amount of time children spend in dad's custody (remember, you are a legal stranger) = to a local family law attorney.

  4. #4
    Join Date
    Jul 2012
    Location
    So Cal
    Posts
    854

    Default Re: Why is a Parent With More Parenting Time Being Ordered to Pay Child Support

    Support in NV is typically set at a straight percentage of income that increases based on the number of children to be supported.

    This attorney's website sets it out in a straightforward manner: http://www.lvfamilylaw.com/Family-La...port-in-Nevada

    Note: please bear in mind that I have no affiliation with this firm, and am not linking their site as an endorsement of their services. This is provided for informational purposes only.

    1. Sponsored Links
       

Similar Threads

  1. Establishing an Order: Is Child Support Ordered if Child Spends 50% Time with Dad, Equally Share Minor Child
    By DoTheRightThingII in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 07-09-2013, 04:48 AM
  2. Child Care: Can You Require the Other Parent to Provide Child Care During Your Parenting Time
    By PhilPetrides in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 01-01-2013, 02:01 PM
  3. Child Support With Equal Parenting Time, One Parent Earns More Than the Other
    By good_dad in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 06-16-2011, 11:02 PM
  4. Child support & parenting time mediation
    By Beth in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 06-22-2006, 08:27 AM
  5. Parenting Time & Child Support
    By R.Simon in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 10-30-2005, 06:23 PM
 
 
Sponsored Links

Legal Help, Information and Resources