Nevada Child Support & Parenting Time Calculations
In Nevada, the amount of child support is figured based on income only. Parenting time doesn't figure into the basic formula.
It's possible for a Nevada family court to modify your child support based on enough time with your children that exceed a standard schedule. Accurate parenting time numbers can directly affect your child support, whether you pay or receive.
Nevada attorneys and judges often rely on parenting time estimates, even if they are incorrect, because counting parenting time is tedious and time consuming. Divorcing parents often rely on these estimates as well.
Using estimates means your parenting time totals are wrong when compared to your actual parenting time schedule. This means your child support amount will not be fair or exact.
To calculate parenting time, the easiest and most accurate way is to use software. Without software, you're forced to add up hours for a whole year, which is error-prone when you include alternating holidays, summer break, and any changes to the schedule throughout the year.
The leading parenting time calculation software, Custody X Change, can calculate your parenting time to see if it was estimated incorrectly.
Using software, you can also tweak your schedule to see how even little changes affect your total parenting time, and you can see how your parenting time changes each year due to holidays and other events.
You can also track what actually happens, and show how much parenting time you've actually received for any period of time. Historical information is a powerful tool when you request a child support modification or when you request more parenting time.
In any divorce, Nevada family courts award custody of the children to one or both parents. Custody is divided into legal custody and physical custody. In many states, physical custody has an impact on the amount of child support, but not in Nevada.
Nevada sole physical custody: The children reside with and are supervised by the residential parent, while the other parent is entitled to visitations. The non-residential parent hosts the children for less than 40 percent of the time each year.
Nevada joint physical custody: Each parent has significant periods of physical custody, which allows them frequent and continuing contact with their children. According to Nevada Child Support Guidelines, shared physical custody happens when the non-custodial parent exercises care for children more than 40 percent of the time each year. The guidelines state that joint physical custody does not necessarily mean equal amounts of time between parents.
In Nevada, a basic child support formula is used to determine child support amounts. The same formula is used for sole and joint physical custody. Unlike many other states, Nevada gives no automatic parenting time credit that can reduce your child support amount.
The non-residential parent's gross income is determined using taxes and pay stubs. The gross income is then used in the child support formula.
The child support formula requires the non-residential parent's net income combined with the number of children to support:
- One child = 18% of the non-residential parent's monthly income
- Two children = 25% of the non-residential parent's monthly income
- Three children = 29% of the non-residential parent's monthly income
- Four children = 30% of the non-residential parent's monthly income
In Nevada, the non-residential parent pays child support to the residential parent.
Nevada has set maximum amounts of child support that the non-resident parent should pay, and it is updated each year. The maximum amount is based on the parent's gross income.
The presumptive maximum amounts, or PMA, of child support in Nevada as of June 2012 are:
- Income range from $0 - $4,235 means a $630 maximum per child
- Income range from $4,235 - $6,351 means a $693 maximum per child
- Income range from $6,351 - $8,467 means a $758 maximum per child
- Income range from $8,467 - $10,585 means a $819 maximum per child
- Income range from $10,585 - $12,701 means a $883 maximum per child
- Income range from $12,701 - $14,816 means a $945 maximum per child
- Income range from $14,816 and higher means a $1,010 maximum per child
Accurate parenting time percentages are important because in NRS 125B.080, Nevada law allows for certain exceptions to be made in the child support amount if you can show you qualify for special consideration.
The law states that the court may deviate from the standard child support guidelines when it finds extraordinary time spent with the non-custodial parent, beyond what is customary. While this scenario is rare, at least you can present the court with accurate parenting time numbers.
Consider the hypothetical case of Robert and Mary. Robert's net income is $4,000 per month, while Mary's net income is $2,400 per month. They have two children.
See how the child support amounts change in these examples:
- Scenario #1: Robert is the non-residential parent. He should pay $1,000 in child support to Mary, based on his gross income times 25 percent. On the presumptive maximum amount table, his income means he should pay no more than $1,260. Because the first figure is smaller, Robert pays $1,000 in child support each month to Mary.
- Scenario #2: Mary is the non-residential parent. She pays $600 in child support to Robert based on her net income times 25 percent. On the presumptive maximum amount table, her income means that she should pay no more than $1,260. Because the first number is smaller, Mary pays $600 in child support to Robert.
- Scenario #3: If there were three children and Robert is the non-residential parent, he pays $1,160 in child support to Mary, based on 29 percent of his income. On the presumptive maximum amount table, his income means he should pay no more than $1,260. Because the first figure is smaller, Robert pays $1,160 in child support each month to Mary.
In Nevada, the basic child support formula results in the non-residential parent paying child support to the residential parent.
Nevada's child support formula uses the following information to calculate your monthly amounts for custody child support:
- The non-residential parent's monthly gross income
- The number of children who are under 18 or 19 if a child is still in high school and will to graduate by age 19.
- Certain deduction amounts, such as the cost of health insurance premiums for the children or the cost of child care.
- A pre-existing child support or alimony obligation by either parent
Parenting time does not figure into the child support formula. However, you could submit your total parenting time to the court to show whether it is substantially in excess of the standard visitations in Nevada.
Paying accurate child support helps your children in several ways, primarily because it ensures their financial needs are met.
Here are some other reasons why accurate overnight numbers help you, the other parent and your children:
- It provides a fair way to determine your child support amounts
- It guarantees the child support amount reflects each parent's responsibilities
- It allows for modifications if your actual time and scheduled time are different
- It is compliant with Nevada law
Your financial obligations to your children don't end with divorce, so whether you are paying or receiving child support, you owe it to your children to pay or receive the proper amount.
To ensure you are paying or receiving the right amount of child support in Nevada, remember these 5 things:
- State-specific child support guidelines are found in the NRS 125.002 – 125.300.
- Nevada figures child support amounts based on a percentage of the non-residential parent's net income. The residential parent's income is not included.
- The percentage used in the child support formula is found in the Nevada child support guidelines and is based on the number of children that qualify. One child is 18 percent, two children are 25 percent, three children are 29 percent, four children are 30 percent.
- Nevada has established a child support cap on the total amount that a parent must pay based on gross income.
- Nevada family courts can order a deviation from the standard child support formula if it determines that the non-residential parent's visitation greatly exceeds what is standard for the state.
Use the Custody X Change software to accurately calculate your total parenting time and present it to a Nevada family court.