Do I Have to Keep Paying Child Support After a Change in Custody?
Under Nevada law, the amount of child support that must be paid is determined based upon how much time each parent spends with the kids as well as based on what each parent’s income is. The special needs of the children are also a factor as well. When a support order is put into place, you must continue to abide by it and continue paying child support until the court order has been changed.
This means that you do need to keep paying child support after a change in custody, but only until you can get the court to recognize that a modification has been made. A Las Vegas divorce lawyer at Pintar Albiston LLP can provide you with assistance in petitioning the court to modify the amount you need to pay if your kids are now spending more time under your care.
You Don’t have to Keep Paying Child Support After a Change in Custody
If your children are spending more time in your house now than in the past, or if they are now living with you full time, you need to have your formal custody arrangement changed. This is the first essential step in a child support modification. You should petition the court and ask for a modification that reflects your current reality as far as where the kids are spending time. If both parents agree that this change is appropriate, then you can jointly ask the court to make the change to your existing custody order.
If your kids have been living with you, hopefully the other parent will agree to go to court and make this legal. Until you have modified the custody arrangement, it is going to be difficult to get child support changed. You also are not protected if the other parent changes his or her mind and decides to go back to the living arrangements that are specified in your original custody order. This means even if your spouse does not agree to go along with your request for a change in custody, you should still petition the court to have a modification made to reflect what your children’s current living situation is. You will need to explain to the court that the kids are living with you now due to a material change in circumstances and ask for the custody order to be updated.
When the custody order is updated to reflect the fact that you are now taking care of the kids, you no longer have to keep paying child support after a change in custody. In fact, the other parent may become obligated to pay support to you if you have the kids full time or are the parent primarily responsible for their care.
A Las Vegas divorce lawyer can help you to understand your legal options and to petition the court so you don’t have to keep paying child support after a change in custody. Call today to speak with Pintar Albiston LLP and learn more about getting the legal help you need.