Couples with children who are considering divorce face the often-contentious issue of child custody, support, visitation and other parental rights.
Under Nevada law, joint physical custody of minor children, is the preference, unless certain facts are present in your case. It is important to meet with a Nevada Divorce Attorney to discuss your specific case to fully understand your rights. Depending on the physical custody of the children, child support may be affected.
Child Support vs Child Custody
From the court’s point of view, child support and child custody are two different issues.
Child support is the financial support of minor children. Child support is calculated pursuant to statute wherein a percentage of either parent’s gross monthly income is calculated to determine the amount of ongoing support. It is important to meet with a Nevada Divorce attorney to discuss what “downward deviations” may be present in your case that may affect the monthly child support amount.
Custody is used to define what time share the parents will share with the minor child(ren). This is determined by the parties, and the Court determining what is in the best interest of the child based on specific factors including, the physical and mental health of parents, the wishes of the child, and the conflict between the parties’, in addition to other factors. Joint physical custody is presumed to be in the best interest of the child, but this is determined on a case-by-case basis.
Child support is determined by factors such as
- Physical custody
- Gross monthly income
In a situation where custody is shared 50/50 and incomes are equal, there will likely be no child support paid by either party. When custody and incomes are unequal, child support payments help to balance the financial responsibilities involved in raising children.
Do we need a court order for custody if we get along?
Despite how well two people co-parent and communicate, it is always best to have a court order regarding custody just in case conflict arises. In cases of conflict, a court order provides absolute guidance on who has custodial rights for specific days and times.
A court order regarding custody often reduces conflict because each parent has documentation to refer to if there are any questions regarding the custody schedule. Additionally, when two parents are getting along and able to communicate, they can often enter into a custody agreement without ever having to go to court.
Family Law Reno
Erin Grieve is an accomplished family law attorney with years of experience providing guidance for families. She has the knowledge to help your family through tough times. Take the steps towards collaboration and contact Erin N Grieve today.