Nevada Legal Services: Providing Free Legal Assistance to Low-Income Nevadans
undefined
IN NEVADA
By Nevada Legal Services, Inc.
About Nevada Legal Services
A non-profit organization providing free legal
services to low income Nevadans
We are primarily funded through the federal
government by the Legal Services Corporation
We provide statewide assistance
Offices in:
◦
Las Vegas, Reno, Elko, Carson City, Yerington
Clients must be under 200% of the federal
poverty level
Housing
Public Benefits
◦
Medicaid/Medicare
◦
Unemployment
◦
Food Stamps
◦
TANF
◦
Social Security Disability
Consumer Law
Immigration
◦
VAWA
◦
U Visa/T Visa
Family Law
Indian Law Project
LITC
Senior Law Project
(Reno)
Pro Bono
◦
Name Change
◦
Criminal Record
Sealing
Veteran’s Benefits
How to file for a divorce
Living apart does not mean legally separated
Couple may seek legal separation (known as
separate maintenance
) instead of a divorce
◦
Court case will resolve custody orders, support
orders, and property and debts will be divided
◦
Useful if divorce will affect religion or health
insurance
Are you eligible to file for divorce in Nevada?
◦
One of the people getting divorced must be a
Nevada resident
Must have lived in Nevada for
six weeks
or more
before filing
How about child support or custody?
◦
In order to receive a custody or support order the
children must have lived in Nevada for
six months
or more
◦
You could get a divorce and then have to go to
court in another state to get child support or
custody decided
Nevada is a “no fault” state
◦
It’s enough to simply say that you’re incompatible
with your spouse
◦
If you can prove it, you can also allege
Insanity starting at least two years before the divorce
is filed
Spouses have lived separate and apart or more than
two years
Just go with incompatibility.
It’s easier.
End the marriage
Divide up the community property
◦
And the community debt
Set up child support and custody
Award alimony
Joint Petition/Uncontested Divorce
◦
Both parties agree on everything
Property, Custody, and Child Support
◦
Both parties file one action together
◦
Faster, less expensive option
Contested Divorce
◦
Parties do not agree
◦
Only one party files
◦
Takes longer
◦
Will have to go to court at least once
Used when spouses BOTH want to terminate the
marriage
Both parties must agree on the division of assets
in the divorce
Both parties must agree on Custody/Child
Support
◦
Child Support CANNOT be waived; must choose
minimum
Includes what parties agree on:
◦
Division of Property/Debts
◦
Spousal Support
◦
Custody
◦
Child Support
Joint Petition for Divorce
◦
Put “n/a” in questions that don’t pertain to you
◦
Must be signed
Fairly Simple Form
◦
Names and addresses
◦
Statement that you’ve lived in Nevada for six weeks
or more
◦
Information about children (if applicable)
◦
Preferred custody arrangement
◦
Child support that should be paid
◦
List of community property and debt
◦
Whether alimony is agreed upon
Forms needed:
◦
“Joint Petition for Divorce”
Both parties need to sign
◦
“Affidavit of Resident Witness”
This is a notarized document from someone vouching
that they have known you to reside in NV for the
required 6 weeks
Only one party needs to have a Resident Witness
◦
“Joint Decree of Divorce”
Similar to the Petition, this is what the Judge signs
◦
“Family Court Cover Sheet”
“Plaintiff”
◦
Person filing for divorce
“Defendant”
◦
Spouse who did not file
Plaintiff files “Complaint for Divorce”
Includes what Plaintiff wants for:
◦
Division of Property/Debts
◦
Spousal Support
◦
Custody
◦
Child Support
Complaint for Divorce
◦
Put “n/a” in questions that don’t pertain to you
◦
Must be signed
Fairly Simple Form
◦
Names and addresses
◦
Statement that you’ve lived in Nevada for six weeks
or more
◦
Information about children (if applicable)
◦
Preferred custody arrangement
◦
Child support that should be paid
◦
List of community property and debt
◦
Whether Plaintiff wants alimony
Nevada is a “community property” state
What is community property?
◦
All assets or debts
◦
Acquired during the marriage
Community property
◦
Belongs to both parties
◦
Divided fairly and equally in the divorce
What is not community property?
◦
Assets or debts incurred by one spouse before the
marriage
You may still want to claim all Community
Property in your own name for assets or
debts you are interested in keeping.
For Example:
◦
Car
◦
Mortgage
◦
Especially if you get the most use out the asset.
Money paid from one spouse for the support
of the other
Case by base basis
Factors to consider
◦
Ability to pay
◦
Spouse’s ability to support self
◦
Length of the marriage
◦
Work history and education
◦
Stay-at-home parent
◦
Division of other property
Things to remember…
◦
Can be difficult to obtain
Need to bring information to support request
◦
Can be difficult to enforce
Can get court order to garnish wages (expensive, time
consuming)
Ex-spouse may have had a change in circumstances.
May no longer be working, change of workplace.
◦
It’s up to you to seek enforcement
If you obtain a Default because you cannot find
spouse, you will have a difficult time enforcing alimony
Process:
◦
“Complaint for Divorce” and “Summons”
This gives you a case and department number
Plaintiff fills out and files Complaint with the Court Clerk
Summons is issued by the Court Clerk
◦
Plaintiff serves other spouse with “Complaint” and
“Summons”
You have 120 days to serve the Complaint and Summons
This must be done in person if at all possible
If spouse location is unknown see
Service by Publication
◦
“Affidavit of Service”
Someone other than Plaintiff has to serve other spouse
This form is signed & notarized by server to confirm
File this with Court Clerk
If other spouse does not “Answer” or “Counterclaim”
◦
Plaintiff files “Request for Default”
◦
Choose Summary Disposition or Prove-Up Hearing
Summary Disposition – no judge
Judge reviews and decides based solely on the filed documents.
“Summary Disposition Form”
“Affidavit of Plaintiff”
“Affidavit of Resident Witness”
Include proposed “Divorce Decree”. This MUST mirror the Complaint.
Prove-Up Hearing
Hearing before judge to clarify any possible issues.
File “Setting Slip” to set court date
“Affidavit of Resident Witness”
Include proposed “Divorce Decree”
The spouse that was served with the
Complaint and Summons has 20 days from
the date of service to file an Answer or
Counterclaim.
If other spouse does “Answer” or
“Counterclaim”
◦
This usually means your spouse is opposing
something you requested in your Complaint
◦
You may file a Reply to the Answer
◦
Seek legal assistance with forms
If other party does “Answer” or “Counterclaim”
◦
Fill out “Financial Disclosure Form”
File and serve within 30 days of Answer/Counterclaim
◦
Fill out “Family Law Cover Sheet”
Mandatory Disclosure – Must include:
◦
2 years W2, proof of income last 6 months,
health/life insurance, expert witnesses
Mediation may be required
◦
Both parties may want it
◦
One party may request it
◦
Court may require it
Whether from Joint Petition or Contested
Divorce
◦
File signed “Divorce Decree” with Court Clerk
◦
Fill out and serve “Notice of Entry” and a COPY of
“Divorce Decree” to spouse by mail
◦
File “Certificate of Mailing” with the Court Clerk
In a divorce
◦
Custody is decided as part of a divorce action
◦
Children born during marriage are presumed to be
children of the husband
If the parties were never married
◦
Custody is decided as a separate action, with filing
a Complaint
May need to establish who is the father of the
child unless:
◦
Father is named on Birth Certificate
◦
Two parties were married when born
3 Ways to Establish Paternity
◦
Voluntary Acknowledgement
Both parents sign an Affidavit of Paternity in front of a
notary
◦
File Complaint to Establish Paternity
Which also must establish custody and child support
◦
Ask DA to bring an action to establish Paternity
Usually court ordered DNA test
Legal Custody
◦
Power to make important life decisions
◦
Education, health, religion, etc.
◦
Joint legal custody is the default
Physical Custody
◦
Where the child lives
Court considers what is in the BEST INTEREST
OF THE CHILD
Common for both parents to share joint legal custody but one parent have
primary physical custody
Fill out “Complaint to
Establish
Paternity/Custody and UCCJEA Declaration”
When paternity is UNKNOWN
Fill out “Complaint to
Confirm
Custody,
Visitation, and UCCJEA Declaration”
When paternity is KNOWN
Fill out “Summons”
Fill out “Family Law Cover Sheet”
File with Court Clerk
If you are worried that the other party is
going to call the police to attempt to remove
the children from your care or leave the state
with the child without your permission
Fill out and File “Preliminary Injunction”
This lets the police know there is a current
legal action regarding the children and they
will likely not want to get involved
Serve other party (mother/father) with “Complaint”,
“Summons” & “Joint Preliminary Injunction”
◦
Must be served within 120 days
◦
Requires Personal Service if residing in NV
◦
If other party cannot be located use
Service by Publication
Fill out “Affidavit of Service”
Wait for other party to respond
If other party does not “Answer” or
“Counterclaim”
◦
Plaintiff file “Request for Default”
◦
Choose Summary Disposition or Prove-Up Hearing
Summary Disposition – no judge
“Summary Disposition Form”
“Affidavit of Plaintiff”
Include proposed “Custody Order”
Prove-Up Hearing
File “Setting Slip” to set court date
Include proposed “Custody Order”
Fill out and file “Motion to Modify Custody
Visitation and/or Child Support”
◦
Can do this upon substantial change in
circumstances OR after 3 years
◦
Must be served to the other party by first class mail
The Motion gets you a hearing date
File “Certificate of Mailing” with Court Clerk
Other part has opportunity to oppose your
request
Motions
Opposition
Reply
Wait for Decision or Signed Order from Judge
Custodial Parent
◦
Has primary or sole custody
Non-custodial parent
◦
Has “visitation” rights which allow them to see the child
on a pre-arranged basis
Decided based on the best interests of the
children
Be as specific as possible in setting a visitation
schedule
◦
Less possibility of arguments
◦
Easier to enforce
◦
Be sure to include
Who is responsible for transportation to and from visits
Meeting place for parents to pick-up and drop off the child
Be as specific as possible to avoid any problems
or confusion.
Supervised Visitation
◦
Specific Location
◦
Specific Time
◦
Who qualifies as supervisor
Holiday Visitation Schedule
◦
How are you splitting holidays?
◦
Create a calendar and submit it to the judge for approval
◦
When does the “holiday” begin or end
◦
Who is responsible for transportation?
Enforcement of Visitation
◦
You are responsible for enforcement, although you may
ask the police for help enforcing an order
Through a divorce or legal separation
settlement
Ordered as Part of a Paternity/Custody Action
Obtained by a lawsuit brought by the Clark
County DA
◦
Usually where a parent applies for public benefits
Ordered as part of an extended TPO
◦
Temporary Protection Order
There’s a formula!
◦
NRS 125B.070
◦
Based on gross income
i.e. before any other deductions
Parent without primary custody pays:
◦
18% of gross income for 1 child
◦
25% of gross income for 2 children
◦
29% of gross income for 3 children
◦
31% of gross income for 4 children
◦
2% for each additional child
Minimum $100.00 per child
Neither party can waive child support
Enforcement of a child support award is up to
the person receiving the money
◦
If both parties agree that no child support is
needed, must elect the minimum amount but do
not have to collect
◦
Keep records of all child support exchanges of
money and agreements
◦
If paying party does not make the regular payment,
it is up to you to make the effort to collect or notify
department of nonpayment.
Joint physical custody
◦
Parent with higher income
◦
Pays the percentage (18%-31%)
◦
Of the difference in incomes
Not the gross income
Child support doesn’t always follow the
formula
◦
But a change requires special findings about the
needs of the children or burdens on the parents
Parent 1 $540
Parent 2 -$180
Difference: $360
Paid by Parent 1
Joint Physical Custody
◦
Parent with the highest Gross Monthly Income (GMI)
pays the difference to other parent
Must be reviewed every three years at the
request of either parent
Change in circumstances
◦
A major one, such as a big dip in income
When the parties agree
◦
But a judge reject this agreement if its not in the
best interests of the child
File “Motion for Order to Show Cause”
◦
This sets a court date for parent to show up and
explain why they are not paying
◦
Be sure to include with the Motion a list of:
Every missed payment
Amount owed for every missing payment
Wage Assignment Notice
◦
Letter and copy of support order to employer
File Motion to issue “wage attachment”
◦
Allows court to garnish wages
Money sent directly from employer to other parent
Can also ask court to
Attach other income
Attach tax returns
Put a lien on property
Need help?
Nye County District Attorney Family Support
Division
◦
May be able to assist with filing for child support
◦
May file on your behalf if you are getting public
benefits
◦
Call (775) 482-8117
Motion to Relocate
◦
If party with custody wants to move
◦
Can only do so with:
Permission from the other party; or
Order from the judge
◦
Best interests of the child
Good faith reason to move
How move will affect child and parent
Whether parent with custody will follow visitation
arrangement
Whether the other parent’s objection is in good faith
How likely it will be that non-moving parent can have
regular visitation
What is it and how is it done?
When the Plaintiff files a “Complaint” for
Divorce, Custody, etc… the other party must
be Served
◦
Service gives the other party legal notice that they
are now involved in a court case
Any party who is being sued is entitled to
advance notice of the suit
The other party must receive a copy of the
“Complaint” and “Summons”
◦
If a party does not receive this notice, the court will
DISMISS the case
Served by Someone NOT a part of case
Must be 18 years or older
Professional Process Servers
Must HAND the “Complaint” and “Summons” to
the other spouse
The person serving has to sign “Affidavit of
Service” indicating time and date of service, how
they served the person, and how they confirmed
identity
You must then file this “Affidavit of Service” with
the Court to prove you have properly noticed the
other party
Sometimes the other party may not contest
the legal action but does not want to help
during the process
This party may be willing to acknowledge that
the Plaintiff himself/herself delivered a copy
of the “Complaint” and “Summons” (can
include by regular mail)
This other party will have to fill out an
“Affidavit of Acceptance” however and then
either party can file that with the Court Clerk
Must attempt to locate the person with Due
Diligence
◦
Call/write to last known addresses and phone
numbers
◦
Contact affiliates, including family members
◦
DMV record search
Keep notes of who was called and when – the
judge will want to see this
◦
The more steps you take, the better for your
position
Fill out “Affidavit of Due Diligence”
◦
Include records of attempted contact
Fill out “Affidavit of Plaintiff Requesting
Publication”
File both Affidavits with Court Clerk
Judge then gives Order to allow service by
publication
Run “Summons” in paper for 4 weeks (this is
the “Publication” part)
Newspaper will then file with Court Clerk an
“Affidavit of Publication” after 4 weeks is over
How to file for guardianship of
a minor child(ren)
Sometimes you have a situation where a child
is in the physical care of someone who is not
the child’s parent(s)
The adult caring for the child will often need
to establish legal custody of the child to get
the child medical or educational care
Legal Guardianship establishes custody over a
child where the person caring for the child is
not the child’s parent.
Filing for Guardianship?
◦
The child(ren) must physically reside in Nevada and
be within the petitioning person’s physical care
Two people may file for guardianship as “Co-
Guardians” if desired
Temporary Guardianship can be filed instead if the
child’s parents consent in writing to a short-term
guardianship, usually for no more than six months
To file for Guardianship, you must file a
Petition
◦
The Petition includes things such as where the child
resides, why the parents are unable to care for the
child and why the guardianship is being requested.
◦
The child is referred to as a “Ward”.
◦
A private guardianship does not involve an open
child abuse case.
◦
A minor child aged 14 or older must sign a
“Consent to the Guardianship”, to be filed with the
Court.
Have a “Citation To Appear And Show Cause”
Issued by the Court Clerk
◦
Make sure you ask for a hearing date at least two
months out so that you have sufficient time to serve all
necessary parties
File the Confidential Information Sheet
◦
This includes personal documents regarding the
proposed guardian, ward, and parents, including Birth
Certificates, Social Security Cards, and Driver Licenses
◦
If a parent is deceased, the Death Certificate must be
filed with the Confidential Information Sheet
Mail Out the “Citation” and “Petition” to all
Relatives – grandparents, adult siblings, aunts
and uncles, parents –
at least
3 weeks before the
hearing
File an Affidavit of Mailing
◦
This document lists the names and addresses of all the
relatives who were mailed the “Citation” and “Petition”
◦
The Relatives do not need to respond or come to the
hearing unless they oppose your Petition to be
appointed Guardian
Personally Serve The Parents The Citation and
Petition
at least
10 days before the hearing
◦
Both Parents need to be served by someone other than
the Guardian (Constable, Friend, Process Server)
◦
Parents can sign notarized Consent instead
◦
If a family member or friend serves the parent, this
person will need to file an “Affidavit of Service” with the
Court
Service By Publication
◦
If the parent is unknown or cannot be located, you
can request that the Court give Service By
Publication
An unknown father can be noticed as “John Doe”
◦
You must first establish that you truly cannot locate
the parent by due diligence
◦
Make sure you set the Guardianship Hearing out
several months in advance if you plan to serve a
parent by publication because the publication must
run for 4 straight weeks
The Hearing Date Is Listed In The Citation To
Appear And Show Cause
◦
Only the proposed Guardian(s) and Ward(s) are
required to attend the hearing
◦
Any one notified about the guardianship who
wishes to oppose it should attend the hearing.
◦
If no one opposes the guardianship, the hearing will
be brief and the judge will ask a few questions to
make sure all is in order.
After the hearing, the Judge will sign an “Order
Appointing Guardianship”
Be sure to File This Order in the Court
File a “Notice of Entry of Order” and “Certificate of
Mailing” with the Court
◦
Mail out copies of the Order and Notice of Entry to all the
relatives originally notified about the Petition
◦
Parents can be mailed copies as well
What are Letters of Guardianship?
◦
These are Certified Letters issued by the Court Clerk that
establish you as the Legal Guardian, to be provided when
needed to the child’s medical, educational and other
providers
Remember to file Annual Reporting Forms with the
Court every anniversary
Grants the Guardian legal and physical custody over
the minor child
This means the Guardian can now refuse visitation by the parent
of the child
Guardian can collect child support and/or public
benefits for the child
Guardian acts as de facto parent until child becomes
an adult or the Guardianship Order is set aside
◦
A Guardianship DOES NOT terminate the parental rights of
the child’s parents
◦
If a parent can establish his/her ability to properly care for
the child, the parent can request that the guardianship be
terminated and the child be returned to parent
This must be done through the legal court process, however
Nevada Legal Services
530 S. 6
th
St., Las Vegas, Nevada
Phone: (702) 386-0404
Fax: (702) 688-1641
www.nlslaw.net
Nevada Legal Services, a non-profit organization, offers free legal services to low-income individuals across Nevada, with offices in Las Vegas, Reno, Elko, Carson City, and Yerington. They assist with various legal matters, including housing, public benefits, family law, and more. Eligibility criteria include being under 200% of the federal poverty level. The organization also provides information on filing for divorce in Nevada, residency requirements, child support, custody, and the state's no-fault divorce laws.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
IN NEVADA By Nevada Legal Services, Inc.
A non-profit organization providing free legal services to low income Nevadans We are primarily funded through the federal government by the Legal Services Corporation We provide statewide assistance Offices in: Las Vegas, Reno, Elko, Carson City, Yerington Clients must be under 200% of the federal poverty level
Housing Public Benefits Medicaid/Medicare Unemployment Food Stamps TANF Social Security Disability Consumer Law Immigration VAWA U Visa/T Visa Family Law Indian Law Project LITC Senior Law Project (Reno) Pro Bono Name Change Criminal Record Sealing Veteran s Benefits
Living apart does not mean legally separated Couple may seek legal separation (known as separate maintenance Court case will resolve custody orders, support orders, and property and debts will be divided Useful if divorce will affect religion or health insurance separate maintenance) instead of a divorce
Are you eligible to file for divorce in Nevada? One of the people getting divorced must be a Nevada resident Must have lived in Nevada for six weeks or more before filing How about child support or custody? In order to receive a custody or support order the children must have lived in Nevada for six months or more You could get a divorce and then have to go to court in another state to get child support or custody decided
Nevada is a no fault state It s enough to simply say that you re incompatible with your spouse If you can prove it, you can also allege Insanity starting at least two years before the divorce is filed Spouses have lived separate and apart or more than two years Just go with incompatibility. It s easier.
End the marriage Divide up the community property And the community debt Set up child support and custody Award alimony
Joint Petition/Uncontested Divorce Both parties agree on everything Property, Custody, and Child Support Both parties file one action together Faster, less expensive option Contested Divorce Parties do not agree Only one party files Takes longer Will have to go to court at least once
Used when spouses BOTH want to terminate the marriage Both parties must agree on the division of assets in the divorce Both parties must agree on Custody/Child Support Child Support CANNOT be waived; must choose minimum Includes what parties agree on: Division of Property/Debts Spousal Support Custody Child Support
Joint Petition for Divorce Put n/a in questions that don t pertain to you Must be signed Fairly Simple Form Names and addresses Statement that you ve lived in Nevada for six weeks or more Information about children (if applicable) Preferred custody arrangement Child support that should be paid List of community property and debt Whether alimony is agreed upon
Forms needed: Joint Petition for Divorce Both parties need to sign Affidavit of Resident Witness This is a notarized document from someone vouching that they have known you to reside in NV for the required 6 weeks Only one party needs to have a Resident Witness Joint Decree of Divorce Similar to the Petition, this is what the Judge signs Family Court Cover Sheet
Plaintiff Person filing for divorce Defendant Spouse who did not file Plaintiff files Complaint for Divorce Includes what Plaintiff wants for: Division of Property/Debts Spousal Support Custody Child Support
Complaint for Divorce Put n/a in questions that don t pertain to you Must be signed Fairly Simple Form Names and addresses Statement that you ve lived in Nevada for six weeks or more Information about children (if applicable) Preferred custody arrangement Child support that should be paid List of community property and debt Whether Plaintiff wants alimony
Nevada is a community property state What is community property? All assets or debts Acquired during the marriage Community property Belongs to both parties Divided fairly and equally in the divorce What is not community property? Assets or debts incurred by one spouse before the marriage
You may still want to claim all Community Property in your own name for assets or debts you are interested in keeping. For Example: Car Mortgage Especially if you get the most use out the asset.
Money paid from one spouse for the support of the other Case by base basis Factors to consider Ability to pay Spouse s ability to support self Length of the marriage Work history and education Stay-at-home parent Division of other property
Things to remember Can be difficult to obtain Need to bring information to support request Can be difficult to enforce Can get court order to garnish wages (expensive, time consuming) Ex-spouse may have had a change in circumstances. May no longer be working, change of workplace. It s up to you to seek enforcement If you obtain a Default because you cannot find spouse, you will have a difficult time enforcing alimony
Process: Complaint for Divorce and Summons This gives you a case and department number Plaintiff fills out and files Complaint with the Court Clerk Summons is issued by the Court Clerk Plaintiff serves other spouse with Complaint and Summons You have 120 days to serve the Complaint and Summons This must be done in person if at all possible If spouse location is unknown see Service by Publication Affidavit of Service Someone other than Plaintiff has to serve other spouse This form is signed & notarized by server to confirm File this with Court Clerk Service by Publication
If other spouse does not Answer or Counterclaim Plaintiff files Request for Default Choose Summary Disposition or Prove-Up Hearing Summary Disposition no judge Judge reviews and decides based solely on the filed documents. Summary Disposition Form Affidavit of Plaintiff Affidavit of Resident Witness Include proposed Divorce Decree . This MUST mirror the Complaint. Prove-Up Hearing Hearing before judge to clarify any possible issues. File Setting Slip to set court date Affidavit of Resident Witness Include proposed Divorce Decree
The spouse that was served with the Complaint and Summons has 20 days from the date of service to file an Answer or Counterclaim. If other spouse does Answer or Counterclaim This usually means your spouse is opposing something you requested in your Complaint You may file a Reply to the Answer Seek legal assistance with forms
If other party does Answer or Counterclaim Fill out Financial Disclosure Form File and serve within 30 days of Answer/Counterclaim Fill out Family Law Cover Sheet Mandatory Disclosure Must include: 2 years W2, proof of income last 6 months, health/life insurance, expert witnesses Mediation may be required Both parties may want it One party may request it Court may require it
Whether from Joint Petition or Contested Divorce File signed Divorce Decree with Court Clerk Fill out and serve Notice of Entry and a COPY of Divorce Decree to spouse by mail File Certificate of Mailing with the Court Clerk
In a divorce Custody is decided as part of a divorce action Children born during marriage are presumed to be children of the husband If the parties were never married Custody is decided as a separate action, with filing a Complaint
May need to establish who is the father of the child unless: Father is named on Birth Certificate Two parties were married when born 3 Ways to Establish Paternity Voluntary Acknowledgement Both parents sign an Affidavit of Paternity in front of a notary File Complaint to Establish Paternity Which also must establish custody and child support Ask DA to bring an action to establish Paternity Usually court ordered DNA test
Legal Custody Power to make important life decisions Education, health, religion, etc. Joint legal custody is the default Physical Custody Where the child lives Court considers what is in the BEST INTEREST OF THE CHILD
Legal Preseumed Shared Both parents have input 1. Sole: Only one parent Legal Custody Custody Physical Custody Where the child resides 1. Sole: Reside with only one parent 2. Primary: Resides mostly with one parent 3. Joint/shared: Resides with both parents Physical Custody 2. Joint: Both parents Common for both parents to share joint legal custody but one parent have primary physical custody
Fill out Complaint to Establish Paternity/Custody and UCCJEA Declaration When paternity is UNKNOWN Fill out Complaint to Confirm Custody, Visitation, and UCCJEA Declaration When paternity is KNOWN Fill out Summons Fill out Family Law Cover Sheet File with Court Clerk
If you are worried that the other party is going to call the police to attempt to remove the children from your care or leave the state with the child without your permission Fill out and File Preliminary Injunction This lets the police know there is a current legal action regarding the children and they will likely not want to get involved
Serve other party (mother/father) with Complaint, Summons & Joint Preliminary Injunction Must be served within 120 days Requires Personal Service if residing in NV If other party cannot be located use Service by Publication Fill out Affidavit of Service Wait for other party to respond Service by Publication
If other party does not Answer or Counterclaim Plaintiff file Request for Default Choose Summary Disposition or Prove-Up Hearing Summary Disposition no judge Summary Disposition Form Affidavit of Plaintiff Include proposed Custody Order Prove-Up Hearing File Setting Slip to set court date Include proposed Custody Order
Fill out and file Motion to Modify Custody Visitation and/or Child Support Can do this upon substantial change in circumstances OR after 3 years Must be served to the other party by first class mail The Motion gets you a hearing date File Certificate of Mailing with Court Clerk Other part has opportunity to oppose your request Motions Opposition Reply Wait for Decision or Signed Order from Judge
Custodial Parent Has primary or sole custody Non-custodial parent Has visitation rights which allow them to see the child on a pre-arranged basis Decided based on the best interests of the children Be as specific as possible in setting a visitation schedule Less possibility of arguments Easier to enforce Be sure to include Who is responsible for transportation to and from visits Meeting place for parents to pick-up and drop off the child
Be as specific as possible to avoid any problems or confusion. Supervised Visitation Specific Location Specific Time Who qualifies as supervisor Holiday Visitation Schedule How are you splitting holidays? Create a calendar and submit it to the judge for approval When does the holiday begin or end Who is responsible for transportation? Enforcement of Visitation You are responsible for enforcement, although you may ask the police for help enforcing an order
Through a divorce or legal separation settlement Ordered as Part of a Paternity/Custody Action Obtained by a lawsuit brought by the Clark County DA Usually where a parent applies for public benefits Ordered as part of an extended TPO Temporary Protection Order
Theres a formula! NRS 125B.070 Based on gross income i.e. before any other deductions Parent without primary custody pays: 18% of gross income for 1 child 25% of gross income for 2 children 29% of gross income for 3 children 31% of gross income for 4 children 2% for each additional child Minimum $100.00 per child
Neither party can waive child support Enforcement of a child support award is up to the person receiving the money If both parties agree that no child support is needed, must elect the minimum amount but do not have to collect Keep records of all child support exchanges of money and agreements If paying party does not make the regular payment, it is up to you to make the effort to collect or notify department of nonpayment.
Joint physical custody Parent with higher income Pays the percentage (18%-31%) Of the difference in incomes Not the gross income Child support doesn t always follow the formula But a change requires special findings about the needs of the children or burdens on the parents
Joint Physical Custody Parent with the highest Gross Monthly Income (GMI) pays the difference to other parent Parent 1 Parent 1 Parent 2 Parent 2 GMI $3,000 $1,000 1 Child (18% of GMI) $540 $180 Parent 1 $540 Parent 2 -$180 Difference: $360 Paid by Parent 1
Must be reviewed every three years at the request of either parent Change in circumstances A major one, such as a big dip in income When the parties agree But a judge reject this agreement if its not in the best interests of the child
File Motion for Order to Show Cause This sets a court date for parent to show up and explain why they are not paying Be sure to include with the Motion a list of: Every missed payment Amount owed for every missing payment Wage Assignment Notice Letter and copy of support order to employer
File Motion to issue wage attachment Allows court to garnish wages Money sent directly from employer to other parent Can also ask court to Attach other income Attach tax returns Put a lien on property
Need help? Nye County District Attorney Family Support Division May be able to assist with filing for child support May file on your behalf if you are getting public benefits Call (775) 482-8117
