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Posts tagged Family Law
Child support in Nevada

Nevada has statutory guidelines in NRS Chapter 125B for how much a parent will pay in child support. For instance, a paying parent with one child is expected to pay 18% of his/her gross monthly income to the receiving parent, a paying parent of two children is expected to pay 21%, and so forth. Courts rarely diverge from this formula absent extraordinary circumstances, such as where the child has special needs that require additional costs.

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Are you considering a legal separation or a divorce?

Tis the season for holiday cheer, but unfortunately, also for holiday gloom for many couples. January is reportedly the most common month of the year for people to file for divorce. Perhaps people realize their holidays together with their spouse was not ideal; or maybe the disappointment of the holidays being over in January hits, along with the realization that you’re still not happy in your marriage; or maybe people decide to start the new year off with a clean start. Whatever the reason may be, many couples will unfortunately initiate the start of their separation next month.

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We’re not married, so can I just move away with the kids?

A lot of people are still unaware that Nevada changed its law back on October 1, 2015 under Assembly Bill 263, requiring a parent to either obtain the permission of the other parent or the court before relocating with his/her child to another state. The same also applies to relocations within Nevada where the distance would "substantially impair the ability of the other parent to maintain a meaningful relationship with the child." It does not matter if you are not married to the other parent or have no existing custody order in place.

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How the law views pets in general, including in divorces.

The topic of how the law treats pets recently popped up, so let’s explore it. Despite all the humanly and emotional attachment, remember that Nevada law considers pets to be “property.” For instance, if someone negligently or even intentionally kills your dog, the law would only allow you to recover the market value of your dog and any reasonable burial expenses, along with attorney’s fees and court costs.

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What if my ex doesn’t want to see his/her child, but I want him/her to?

Oftentimes parents gripe about wanting more custody or visitation with their child. However, less commonly, a parent may gripe about wanting less time with their child essentially. That is, the parent will complain about the other parent not exercising his/her custody or visitation time and wanting to “enforce” the order against that parent. Of course, some violations may be more frequent than others, like where the other parent missed a series of weeks with his/her child versus merely a weekend or two. Regardless of how tempted you may be to drop your child off on the other parent's doorstep to "force" the visitation, doing so would not be prudent or in your child's best interests

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Even though we’re not married, can I still get anything from him/her if we split up?

Cohabitation is very common now among unmarried couples, where some couples live together for several years without marrying. Although a minority of states still recognize “common law marriages” (i.e. granting the same legal rights and obligations of married couples to unmarried couples), most states do not. Nevada ceased recognizing common law marriages in 1943. However, even if you are not married or a registered domestic partner, you may still have some rights against your partner.

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How can I resolve custody spats with my ex?

Custody cases can bring out the worst between two parents caught in an argument. Each parent usually feels his or her opinion is best about upbringing, and when people can’t agree and become adversarial, they may become unyielding about even the most mundane things. For instance, the court order may say a parent gets one phone call a week with his/her child, but the other parent doesn’t want to allow it. What options do you have in this or any other case?

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