Child Support

May 09

One contentious issue in any custody matter is the matter of Child Support. In our example we will assume that Mom and DAD have two children. When calculating Child Support the first issue to look at is who has custody of the children. If Mom and Dad share joint physical custody of the two children then you look to Wright v. Osborn for the formula. You take 25% of Dad’s income and 25% of Mom’s income and whoever makes more pays the difference to the other party. If Mom has primary physical custody then Dad pays 25% of his monthly income to Mom.

What has caused problems in the family attorneys and judges is what do you do when Mom and Dad have joint physical custody of one child and Mom has primary physical custody of one child? Before March 15, 2018, there was no guidance from the Courts or the legislature. On March 15, 2018, the Nevada Supreme Court issued a decision in Miller v. Miller. The Nevada Supreme Court provided a formula for setting child support when Mom and Dad share joint physical custody of one child and one parent has primary physical custody of the other. To set child support the court determines what the child support obligation is per child and for the child where the parties have joint physical custody they follow the Wright v. Osborn formula and where one parent has primary physical custody of one child, the non custodial parent pays what they owe for that one child.

As a pro tem hearing master in child support court, Attorney Yug determines what a parent’s child support obligation is. On May 8, 2018, Attorney Yug had the opportunity to use the formula in Miller v. Miller to set child support. This was one of the first opportunities to do so.

If you have any questions about how child support is set, please contact us.

Objecting to orders in Child Support Court

Jun 15

The Nevada Supreme Court recently issued an Unpublished Order that dealt with Reports and Recommendations issued by Hearing Masters.

Hearing masters are individuals assigned by district court judges to hear matters in specialty courts such as child support, guardianship, domestic violence, abuse and neglect and mental health courts, to name a few. Their role is governed by Nevada Rule of Civil Procedure 53. At the end of the hearing they issue what is called a Report and Recommendation. In Child Support Court this is called an MROJ. Under NRCP 53(e)(2) a party has ten days after being served with the Report and Recommendation to file an objection.  If no objection is filed the Report and Recommendation becomes an order of the court. A party does not have to have a reason to file the objection. Once an objection is filed, a hearing is held by the judge assigned to the case. The judge can affirm the Report and Recommendation, make his or her own order or send the matter back to the hearing master to rehear the case.

As with any matter in the legal system, time deadlines must be met. If an objection is not timely filed the the report and recommendation becomes an order.