Modification in Child Support
After the court decides on a divorce or custody proceeding, the terms of that case is finalized. If life events were to change after the ruling, modifying modify those proceedings would take an additional court adjustments where a substantial change in circumstances is required from the Nevada law to make this change.
To make any changes to either child support or alimony payments, the person obliged to the payments must prove to the court that he or she has had a significant change in their environment that does not allow for them to make said payments any longer. Generally, the obliger must prove that their income is much lower than at the time of the ruling. The ballpark there is about 20 percent less income than they were originally making. With a severe decrease in income, the person obliged to the payments must be able to prove that they are unable to proceed with the payments as originally was ruled.
Generally speaking, usually if a person is able to prove in court that their income is significantly lower, the court will rule in their favor to diminish or decrease the child support or alimony payments. However there are some cases where a person has intentionally chose to take a pay-cut or to increase their living expenses to get out of the court ordered payments. Sometimes, they may even quit their job or purposefully pursue being fired. If the court finds this to be true, it will not uphold the obliger’s request to decrease or modify the child support or alimony payments.
Trying to modify your support order can feel difficult and overwhelming, given the amount of evidence that the courts ask the obliger to produce. We have extensive experience in family law and can help. Call us today for a consultation to see how we can best work together.