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InformationForYou, Family Law Attorney
Category: Family Law
Satisfied Customers: 1956
Experience:  18 years as a family law attorney, adjunct law professor
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I have had joint legal and joint physical custody of my son

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I have had joint legal and joint physical custody of my son since 2002, paying $206.08 child support because of the 18% difference in our wages. She quit working and sued for more child support and won an increase to $664. Can this be right? We live in Nevada.
Submitted: 8 years ago.
Category: Family Law
Expert:  InformationForYou replied 8 years ago.

Yes it could be correct. I have to assume that there was a hearing in which evidence was heard on the incomes of the parties and other relevant factors (such as the cost to insure the child, work related child care costs, any special needs, etc.). I know this isn't the answer you were hoping for, unfortunately.


Nevada Revised Statutes (NRS) provides specific guidelines for the amount of child support to be awarded. See NRS 125B.070 and NRS 125B.080.

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Customer: replied 8 years ago.
So I can quit work and not pay child support? I assume no. Why would her quitting be a basis for an increase? I thought child support was based on potential earnings also? She is able bodied and simply chose to not work.
Expert:  InformationForYou replied 8 years ago.
You didn't mention in your original post whether she quit or not, but no, someone can't just quit and have child support be lowered or stopped. There is something called "imputation of income" to someone who is either voluntarily under or unemployed. If someone voluntarily takes a job that is less than what they could be paid or refuses to work, then income can be imputed to the person.
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Customer: replied 8 years ago.
I just want to make sure I am clear on what I am asking and what you are replying. In 2002 my son's mother and I were both working and she filed for custody and child support. The result was we have joint legal and physical custody of my son. I made more money than her and 18% of that difference was $206.08 and that is what I have been paying since that time. She quit working 2 or 3 years ago and last month filed papers to have her child support increased. The judge awarded her $664 per month based on my income only. Was this a correct order? She quit working. Shouldn't there be income imputed to her? If I can't quit working to avoid paying child support how can she quit working and enjoy an increase?