custody arrangement has changed: do i have to continue paying child support?

I Am Still Paying Child Support Even Though the Custody Arrangement Has Changed: Do I Have to Continue Paying? 1

I AM STILL PAYING CHILD SUPPORT EVEN THOUGH

THE CUSTODY ARRANGEMENT HAS

CHANGED

DO I HAVE TO CONTINUE PAYING?

“There are standard formulas used in Nevada to determine the amount of child support that a parent is obligated to pay

when the parents are not raising children together.”

Pintar Albiston Las Vegas Business Law Attorneys


There are standard formulas used in Nevada to determine the amount of child

support that a parent is obligated to pay when the parents are not raising children

together. The child support formulas take into account the number of shared

children that a couple has, as well as the combined family income of both parents

and the percentage of income that each parent earns. The amount of time that a

child spends under the care of each of the parents is also one of the most

important factors in determining the amount of child support that must be paid.

If your child support order was created when your child was spending more time

at the other parents home, you may be paying too much if your custody

arrangement has changed. It is important to go through the legal process of


getting your custody and support orders altered so you can protect yourself

financial and protect your relationship with your children. A Las Vegas divorce

and family law attorney can provide you with representation throughout the

process of getting your support order modified.

Do You Need to Continue Paying Support if Custody Has Changed?

As long as there is a support order in effect that requires you to pay a certain

amount of child support, you must continue to abide by that order. Not paying


child support as required has consequences including the potential loss of a

professional license, and being held in contempt of court.

However, if the amount you are paying is no longer correct based on your current

situation, a motion to the court can get the order altered. You should do this as

soon as possible once your custody situation has changed and your kids are now

spending more time living in your home.

When you ask the court to modify support, you will need to demonstrate that

custody has been modified. If your children are living with you but you have not

had the custody order

formally changed, then you

need to take this step first.

It is important to go to court

and get your custody order

updated to reflect your

children’s current living

situation not just because

you need to do this to

reduce your support obligation, but also so you can provide stability for your kids.

If your children simply start living with you but the court order says they are

supposed to live with the other parent, you are technically in violation of that

custody order. The other parent could decide to change his or her mind at any

time about the living situation and you would not have the legal authority to

prevent that other parent from forcing your kids to move back out of your house.


If both parents have agreed that the custody arrangement should change, it is a

relatively straightforward process to petition the court in order to get the updated

living arrangements formalized. You can both ask together for a change to the

custody order and the judge should grant it.

If the other parent has not agreed to the new living arrangement, then you will

need to go to court and argue that a material change in circumstances has

necessitated modifying

the original custody

arrangement. You will

need to be prepared to

argue for why the

children should now

live in your home. If

your kids are old

enough and want to

speak for themselves

about where they

should live, the judge will take that into account although it may not be

determinative as other factors regarding both households will also be considered.

When both parents have asked for custody to be changed or when the judge has

agreed that a change in custody is appropriate, a new custody order will be

entered. You can then ask the court to modify your child support obligations in

order to reflect the new reality of your children’s living situation.


The child support you previously had to pay may be reduced or eliminated if your

kids are living with you more often or are living with you full time. The other

parent may also become obligated to pay child support to you.

To learn more about your legal options for modifying child custody and child

support, contact Pintar Albiston LLP, a Las Vegas family and divorce law firm

today. You need to protect your children and your finances and either Becky

Pintar or Bryan Albiston will help you to ensure you take the necessary legal

steps to do that.


About Pintar Albiston, Attorneys at Law

Pintar Albiston is known for our ability to accommodate client requests. We are hands-on, and if we don't "pick up" the second you call, you may be certain we will get right back to you. We offer flat fee rates so that your fees are predictable.

Family Law Attorneys

Whether you live in Las Vegas, Henderson or North Las Vegas, our lawyers realize that every family situation is different. We will work with you to determine your objectives whether it relates to divorce, child custody or child support. We will take the time needed to explore your options and then work to obtain fair and workable solutions that allow you to move forward with your life.

Our firm confidently handles every aspect of family law disputes, including child support, child custody and parenting matters both during and after the divorce or other legal dispute.

We will keep your goals and best interests in mind when pursing a fair and equitable divorce that divides assets properly. We will always keep your children’s best interests in mind when resolving child custody and child support issues.

Pintar Albiston, Attorneys at Law 6053 S. Fort Apache Rd Ste. 120 Las Vegas, NV 89148 Phone: (702) 685-5255 Website: pintaralbiston.com

http://pintaralbiston.com/