When a marriage or a relationship between two parents end, child support through financial means is expected to be taken over by the obligor. In more of a layman’s terms, the one who is not a custodial parent should provide continuous monetary sustenance to the one who has the legal guardianship of the child or else risk punishment for not paying child support.
Of course, this does not mean that the custodial parent will not spend anything for their child. Under Nevada’s laws, they should also give as much for the wellbeing of their child, it is just that usually, the non-custodial parent has to supply the financial support as a whole to maintain the daily and future welfare of a child.
If you are a parent facing child support affairs, know that you can find a way so there will be fairness in the outcome of the arrangement and how there is a punishment for not paying child support. Read for further information.
What do the Nevada Revised Statutes say about child support?
The Nevada Revised Statutes (NRS) talks about child support in the Chapter 125B and there it states that the parents of a child “have a duty to provide the child necessary maintenance, health care, education, and support.”
It also declares that parents are liable for:
- Funeral expenses when a child dies
- Pregnancy and childbirth expenses
- Support to poor relatives when a child is born out of wedlock
When one is granted sole custody, the non-custodial parent will have to take up the obligation to provide financial support to the child. If it is joint custody, who has a higher income from the parents will be the one to pay for the child support.
How does child support work?
After the manner of custody is settled, there comes the calculation of how much the child support will be. According to NRS 125B.070, the court decides the amount through the gross monthly income of the non-custodial parent or the obligor. The section listed the following percentages of the money that will be taken from the gross monthly income of the providing parent.
- 18% for a single child
- 25% for two children
- 29% for three children
- 31% for four children
- An additional 2% for each additional child
For a better understanding of the calculation, the chapter also has a reference that features how much a parent will pay depending on their gross monthly income. You can look it up on the official section in the NRS about child support.
To learn of the income of the non-custodial parent (for sole custody) or both of the parents (for joint physical or legal custody), Financial Disclosure Forms should be submitted by both parties.
If you are the sole obligor, keep in mind that the court could reduce or increase the amount of what would be taken from your gross monthly income depending on certain factors such as you already paying for your child’s insurance on your work, your travel expenses when you visit the child or the overall cost of the childcare.
Child support can be paid through mail or online. According to Nevada’s Division of Welfare and Supportive Services (DWSS), an obligor can phone the department and pay through credit or debit card information as well as through mail-in payments where the money will be dispatched to the State Collection and Disbursement Unit (SCDU).
Paying for child support goes on until a child is finally of legal age or is legally adopted by other people.
What is the punishment for not paying child support?
As child support is a matter of law, there are is a punishment for not paying child support as you are breaching legal arrangements you initially agreed upon. One form of breaching child support law and committing an offense is when you miss out on payments.
If your debts on child support are $10,000 in amount, you could be charged with a misdemeanor where a jail time of six months (could be in the Clark County Detention Center) and fines of $1,000 shall await you. When your balance, however, goes beyond $10,000, a felony could be imposed on you which entails up to five years in Nevada prison and fines of $10,000. A child support offense could also be a federal crime when a liable parent purposely leaves Nevada to go to another state.
If the truth is you cannot pay anymore because of particular shifts in your life, it is better to inform the court or your ex-spouse so they can adjust or figure out what to do with the situation.
Sometimes, other crimes such as domestic violence and child abuse in Nevada becomes tied with a child support violation. There are instances when a non-custodial parent threatens a custodial parent during a visitation because he or she does not want to pay for the child support. It can also come to a point where the non-custodial parents hurt the custodial parent or even the child because or anger or frustration. Child abuse is rampant in Nevada and it can happen in times when parents are in a tug of war for child support and custody.
With this matter at hand, you should be aware that children truly need utmost care and protection, especially at a time when a marriage fails. However, more than child support through money, what children need the most is physical and emotional support. As a parent, you want the best for your child but other factors could have been preventing you to achieve such aspiration. To make legal matters about child support justified for everyone and to avoid punishment for not paying child support, get the help of a Las Vegas criminal defense attorney!