Custody Arrangement Has Changed, So Now What?

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

2 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 I Am Still Paying Child Support Even Though the Custody Arrangement Has Changed: Do I Have to Continue Paying? 2

3 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 I Am Still Paying Child Support Even Though the Custody Arrangement Has Changed: Do I Have to Continue Paying? 3

4 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. I Am Still Paying Child Support Even Though the Custody Arrangement Has Changed: Do I Have to Continue Paying? 4

5 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. I Am Still Paying Child Support Even Though the Custody Arrangement Has Changed: Do I Have to Continue Paying? 5

6 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. I Am Still Paying Child Support Even Though the Custody Arrangement Has Changed: Do I Have to Continue Paying? 6

7 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 Phone: (702) Website: pintaralbiston.com I Am Still Paying Child Support Even Though the Custody Arrangement Has Changed: Do I Have to Continue Paying? 7