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Child Related Issues
Any time minor children are involved, all Child Custody and Child Support disputes must be resolved during the divorce case. There are many ways in which you can minimize the impact this process will have on your children.
Despite any disagreements that may exist between you and your spouse, you should follow certain rules during your divorce for your children's sake.
Always
- Place your children's welfare above any differences between you and your spouse.
- Support your children's relationship with your spouse.
- Maintain peace and dignity during visitation exchanges with your spouse.
- Explain to your children that, despite your differences, you and your spouse love and care for them "no matter what."
Never
- Say anything bad about your spouse in an effort to influence your children. Such actions often have the unintended effect of damaging your own relationship with them.
- Blame your spouse for causing your divorce.
- Use your children's custody to bargain with your spouse on other divorce matters.
- Take a chance with your children if you feel in danger of domestic violence. Contact your attorney immediately if such a situation arises.
Child Custody
Nevada law provides for two forms of child custody: legal and physical.
Legal custody involves parental decisions including medical, educational, and spiritual issues. In the majority of divorce cases in Nevada, the parents are awarded joint legal custody, which allows both parents equal rights to make these decisions for their children.
Physical custody designates with whom the children will live and the schedule for the living arrangements. Joint physical custody, which allows each parent equal or substantially equal time with their children, is the most common type of physical custody arrangement. The courts strive to keep both parents involved in their children's upbringing.
On the other hand, there are instances in which primary physical custody is awarded to one parent, meaning the children live with one parent a substantial majority of the time, and the other parent regularly exercises visitation with the children.
Primary physical custody may be awarded to one parent by agreement, if it is impossible to share substantially equal time due to work schedules, or if parents live far from each other (for example, in different states), hindering their ability to equally share custody. Additionally, in a small percentage of cases, a spouse may be deemed unfit to share joint physical custody due to such issues including domestic violence, substance abuse or psychological issues.
Child Support
When calculating child support payments, Nevada law first takes into consideration the child custody arrangement and each spouse's income. This formula also imposes "presumptive maximums," from which there can be either upwards or downwards deviations, depending upon certain factors enumerated by statute.
The formula used to determine child support is based on two scenarios: in cases of primary physical custody, the amount is based on the visiting / paying parent's gross income; in cases of joint physical custody, the amount is determined by the difference between the gross incomes of each parent.
Other factors considered when determining child support, in addition to the aforementioned calculations and presumptive maximums, include child care expenses, the cost health insurance, and special needs.
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