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lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25386
Experience:  Practicing family law attorney
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My current child support is a lump sum at $850 for two children.

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My current child support is a lump sum at $850 for two children. No single amount was stated in court order for each child. My daughter graduated from HS and also turned 18. I submitted a motion to modify child support since I now have only 1 child under age and to deviate from the presumptive amount. In NV we have a presumptive maximum amount of $693 per child. The judge denied my motion to modify child support and to leave it at $850 even though the max amount is $693. Judge referred me to district attorney office to make any changes regarding children turning 18. The district attorney claims they cannot make a change to child support unless they have a court order from the judge. Not sure what to do!!! Please help.
(http://www.nevadajudiciary.us/index.php/viewdocumentsandforms/func-startdown/1567/)

Jesse
Submitted: 5 years ago.
Category: Family Law
Expert:  lwpat replied 5 years ago.
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.

Judge referred me to district attorney office to make any changes regarding children turning 18. The district attorney claims they cannot make a change to child support unless they have a court order from the judge. Not sure what to do!!! Please help.

You would need to file a motion for reconsideration and for a new trial assuming that the time limit has not passed. If it has, then you can appeal his decision to the appeals court based on a clear error of law and abuse of discretion. Either way you should retain an attorney since these are legal arguments based on the rules of civil procedure. Here is the referral site.

http://www.martindale.com
Customer: replied 5 years ago.
The order states this:
Pursuant to NRS 125B.145(4) an order for support of aa child may be reviewed at any time on the basis of changed circumstances. NRS 125b.145(4) also provides that a "change of 20% or more in gross monthly income of a person who is subject to an order for support of a child shall be deemed to contitute changed circumstances requiring a review for modification of the order for the support of a child.
The court is unable to find that a change of circumstances presently exists. Further, WDCR 12(1) requires that mototions for support or allowances and opposition thereto in divorce and separare maintenance actions shall include disclosure of the finacial conditions of the respective parties upon a form approved by the court. Neither party as filed the required financial information.
Therefore motion is denied. The court notes that a child support obligation for a minor not enrolled in high school automatically ends when reaching the age of 18. Therefore, a motion to modify on such grounds is unnecessarry. In addition, this Courts Order After Hearing directed either party to the Family Support Division Attorney Office in the county in which they reside for modification purposes.

As you can see the the judge did not state how much child support would be for 1 child. And it seems like we should contact the Family Support Division Attorney Office to modify order.
Expert:  lwpat replied 5 years ago.
Part of the problem is that you did not file the proper paperwork and the judge could not determine the proper amount.

this Courts Order After Hearing directed either party to the Family Support Division Attorney Office

You stated that you had already done this and they told you that it required a court order. If that is the case, you will have to refile your motion and be sure to submit the proper forms.

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Customer: replied 5 years ago.
Now Im getting confused. I went to the self help desk and she instructed me to file a motion to modify child support. Was that the wrong paperwork? Do I need to file different forms? Sorry for being so confusing :-)
Expert:  lwpat replied 5 years ago.
The motion was correct but if you read the order form the judge it clearly states that you did not submit the required financial affidavit needed to determine the child support.

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Customer: replied 5 years ago.
So does a parent need to file paperwork to have child support stop when a child turns 18 or does it stop on its own? The judge makes it sound like you dont need to do anything. I think the confussion lies with the fact that I submitted a motion to have child support stop for child that turned 18 and to have child support modified for child still under 18 which would explain the finacial affidavit needed. Does the Child Support Division know to stop request for child support of child who turns 18?
Expert:  lwpat replied 5 years ago.
You said that you went to the child support division to stop the support for the child that turned 18 and they said you had to have a court order. If that is not what happened, the go to the child support division with proof of age and graduation from high school and have them stop that part of the order.
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Customer: replied 5 years ago.
Thank you for the time and advice. Have a great night.
Expert:  lwpat replied 5 years ago.
I get just as frustrated at the system, especially since I have to deal with it on a daily basis. One person tells you one thing and another the exact opposite. Start at the enforcement office to see what you can do with the 18 year old. Then file again for the modification and fill out the financial affidavit. If your ex will not, you can subpoena her work records from her employer or have the judge impute at least minimum wage.

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