Changes in personal or financial circumstances can affect a divorce settlement that involves children. Child support modification creates a need for divorced parents who share custody to learn options that affect both of them as well as their children. A review and modification of child support can occur every three years in Nevada, but it may happen sooner when there is a substantial change in circumstances.
Understanding Substantial Change
With regard for the welfare of a child that is greater than other considerations, the court considers a range of reasons that can affect the modification of child support. Factors that govern modifying child support require careful evaluation. A change in the cost of medical care provides a basis for consideration, and a decrease or increase in the income of either parent requires attention. The occurrence of a disability or illness can influence the resolution of a request for modification as it may affect the welfare of a child. A decision to change a child’s residence may justify approval of a modification of child support.
The court may decide to alter financial plans when remarriage occurs, and the arrival of additional children may require adjustments to an existing settlement. A decision to relocate may have legal implications that affect both parents. When these or other factors undergo a substantial change, they can receive consideration in a decision to modify child support. The court regards a material or “substantial change in circumstances” as an increase or decrease in income of 20 percent or more.
The U.S. Census reports that 12 percent of the population moved between 2011 and 2012, and the trend is increasing. The mobility of the American public may create a change in parental living arrangements and subsequently affect child support. Custody plans that satisfy both parents who live in the same town can fail to work as well when the one who has custody decides to relocate. A custody dispute can easily arise, and resolving it amicably or through the court avoids creating a need for a change of custody.
For amicable agreements, Nevada requires a custodial parent who moves out of state to get permission from the non-custodial parent. When parents cannot agree, the parent who chooses to relocate must seek permission from the court, often the one that established the terms of the original custody order.
Factors that may affect the court’s decision relate to the opportunity for a child to benefit from a move. A new job may provide advantages that may or may not compensate for the reduced contact with the parent who remains in Nevada. Taking a child out of state without prior approval from the other parent or the court can result in costly sanctions.
An attorney can file a motion to relocate that presents the custodial parent’s reasons for moving and the benefits that it can produce for a child. The court sets a hearing date that starts the process through the legal system. The non-custodial parent may file an objection, and knowledge of the legal system provides the smoothest path through the process.
Seeking Skilled and Compassionate Legal Representation
Experience makes a difference in the legal field, and Attorney Bruce Anderson has more than 27 years in the practice of family law. With skill and determination, he represents clients who try to do the best for their children. Navigating the complex issues of the legal system requires the traits that make Attorney Anderson a compassionate and effective lawyer.
Relocation cases present unique challenges for the court since they often make it impossible for a non-custodial parent to maintain an existing relationship as usual. Showing persuasive evidence that a move benefits a child requires the knowledge and experience that makes Attorney Anderson the best choice for representation in modifying child support. Call Today to Schedule Your Free Consultation.