“I Shouldn’t Have to Pay for Child Support” – Why This May be Wrong

It is a common misconception that if child custody is being shared then child support shouldn’t have to be paid. This is incorrect. When a party shares joint physical custody, Nevada law distributes the incomes between the household fairly so the children are properly cared for in each household. However, custodial timeshare does affect child support, but it depends on the situation. If the parties share joint physical custody then it goes as stated above, if one parent has primary physical custody then it differs.

NRS 125B.070 and the Wright v. Osburn court case provide the formula for calculating child support in a joint physical custody situation. To simplify, the court considers both parties’ gross monthly income (before taxes) and applies a percentage based upon the number of children (1-18%, 2-25%, etc.). The party that makes more will have to pay child support. For example, if one parent earns $5,000 a month and the other parent earns $2,000 a month and they have 2 children, the parent who earns $5,000 a month will be paying $750 per month in child support ($5,000 x 25% = $1,250. $2,000 x 25% = $500. $1250-$500 = $750).

It’s important to consider specific factors that may be taken into account by the Court as well. The most common situation that could be applied to this is if one party pays for the children’s health insurance, that cost is to be equally split between the parties, thus child support is adjusted accordingly. More examples include who pays daycare costs, who provides transportation for the children, etc. See NRS 125B.080 for the complete list of deviation factors. It is also important to note the statutory maximums that are placed in order to cap the amount a party pays per child.

Here at The Law Offices of Andriea A. Aden, we understand the ins and outs of all things child support and child custody. Let us aid you through this important aspect of childcare!