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Category: Family Law
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Does Social Security apply towards Child Support in Nevada

Resolved Question:

My 69 yr old husband has 2minor children from his 40 yr old ex-wife. The ex-wife is receiving Social Security of about 1,500 on behalf of the children.They are living with her in Nevada while us moved in a different state. The court ordered child support is 850.00. The court garnished half of my husband's military pay which is over 750 towards child support. My husband is retired , we own nothing, we're living w/ a family. We can't afford an attorney while she always hasa defense attorney represents her. She and her husband has more income, own a business and a house. It is just so unfair. The ex-wife's lawyer threatens to put my husband in jail.
Submitted: 9 years ago.
Category: Family Law
Expert:  NOT LEGAL ADVICE! replied 9 years ago.

Hello and welcome to Just Answer.

When calculating the non-custodial parent's child support obligation, that parent's income, tips, investment income, lottery winnings, unemployment benefits, disability benefits, workers' compensation, Social Security, and/or pensions benefits can be included. The custodial parent's income is generally not included in the calculation. Click here and here for an approximation of what a court generally awards in Nevada. If there has been a significant change of events since the original support order was entered, you may consider filing for a motion to modify the child support order. The documents may be obtained through the county clerk's office.

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Customer: replied 9 years ago.
Reply to Jen Sterling's Post: How about the Social Security benefit that the ex-wife is receiving on behalf of the children? Does it apply towards child support?
Ex-wife is receiving about 1500 from Social Security as benefits for the children since the father is a senior and 750 from my husband's Military Pay. Court ordered child support is still 850.
Expert:  NOT LEGAL ADVICE! replied 9 years ago.

Thank you for the additional information. In Nevada, the child support obligation is calculated based on the non-custodial parent's income. The custodial parent's income is also taken into account, including social security income.

The court shall consider the following factors when adjusting the amount of support of a child upon specific findings of fact: (a) The cost of health insurance; (b) The cost of child care; (c) Any special educational needs of the child; (d) The age of the child; (e) The responsibility of the parents for the support of others; (f) The value of services contributed by either parent; (g) Any public assistance paid to support the child; (h) Any expenses reasonably related to the mother's pregnancy and confinement; (i) The cost of transportation of the child to and from visitation if the custodial parent moved with the child from the jurisdiction of the court which ordered the support and the noncustodial parent remained; (j) The amount of time the child spends with each parent; (k) Any other necessary expenses for the benefit of the child; and (l) The relative income of both parents. (Nevada Statutes - Chapter 125 - Sections: 230, 070, 080, 090)


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