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EspañolIncluded in this section is basic information about child support and paternity in Nevada.
- Can I file for child support even though I don't have a custody order from court?
- How is paternity (legal fatherhood) established?
- How will the amount of child support be decided?
- Is the cost of child care included in a child support order?
- I was supporting my children by myself before I filed for child support. Can I get child support for that period of time?
- When can a child support order be modified?
Can I file for child support even though I don't have a custody order from court?
You can file as long as the child is physically living with you. If the petition is against the child’s father, paternity must be established even if there is no legal custody order. To read about the definition of paternity and how to establish paternity, go to How is paternity (legal fatherhood) established?
How is paternity (legal fatherhood) established?
The first thing that needs to happen before filing for child support is that the biological father needs to be recognized as the “legal father.” This is known as “establishing paternity.”
If you were married or widowed when you gave birth to your child, then your husband is automatically considered to be the child’s legal father (and paternity is automatically established). If you were unmarried when you gave birth to your child, paternity can be established in two ways:
- You and the father can sign form called a “voluntary acknowledgement of paternity” that must be witnessed or notarized and then filed with the Bureau of Health Planning & Statistics Office of Vital Records. Most hospitals can help with this process or you can get the voluntary acknowledgement form directly from the Bureau. The father can sign an acknowledgement of paternity even if he is married to someone else.
- If the father refuses to sign the form, you can file a paternity case in court. Once in court, if the father denies paternity, the judge would likely order genetic testing (a DNA test). The court decides who pays for genetic testing; generally the father pays the costs.1
If you cannot find the father, your local Child Support Office can assist you. They should help you in identifying and locating the father. You do not have to be on public assistance to get help from the Child Support Enforcement Program.
For more information on how to file a paternity case, you can contact your local courthouse. Please see our NV Courthouse Locations page for the contact information of a courthouse near you.
However, establishing paternity can also give the father the right to file for court-ordered visitation or custody. If this is a concern of yours, you might want to talk to a lawyer before filing a paternity case. To find a lawyer in NV, go to our NV Finding a Lawyer page.
1 This information was adapted from the Nevada Department of Health and Human Services website
How will the amount of child support be decided?
Nevada, like most states, has a formula that it uses for determining how much a parent should pay in child support. In this context, “payor” means the parent who is required to pay child support. We also use the term “income” in the chart below to mean the payor’s gross monthly income, which you can see defined in Section 425.025 of the Nevada Administrative Code. Judges will generally award child support to be paid monthly using the following formula:
| If you have… | Then child support will be the total of… |
|---|---|
| one child |
16% of the first $6,000 of the payor’s income |
| two children |
22% of the first $6,000 of the payor’s income |
| three children |
26% of the first $6,000 of the payor’s income |
| four children |
28% of the first $6,000 of the payor’s income |
| five or more children |
the amount for four plus the following for each additional child: |
There is an exception, however, if the paying parent earns a very low income. If the court determines that his/her economic circumstances limit his/her ability to pay the amount of child support explained above, the child support obligation would be established by using a low-income schedule, which is based on the current federal poverty guidelines. If the parent earns less than the lowest level set in the low-income schedule, the judge can set an appropriate child support amount based on his/her total economic circumstances. The judge will balance the parents’ need to support themselves with the obligation to support the child.2
In addition to the child support amount ordered, every court order for the support of a child must include a term that says that one or both parents are required to provide medical support for the child and any details relating to that requirement.3
1 Nev. Admin. Code § 425.140
2 Nev. Admin. Code §§ 425.140; 425.145(1)
3 Nev. Admin. Code § 425.135(1)
Is the cost of child care included in a child support order?
The law says that the court must consider the reasonable costs of child care paid by either or both parties and fairly (equitably) divide the costs between them.1 However, there isn’t a specific formula in the law for how child care costs would be divided.
The judge must include the following in any child support order that is issued or modified, to the extent each category is relevant to your case:
- the amount of child care costs that the other parent will pay to you; and
- written findings about:
- the child care costs proposed by either or both parents;
- the cost of any reasonable alternatives to child care proposed by either or both parents;
- the ability of each parent to pay for child care;
- whether either parent has chosen to be unemployed or only partially employed to care for the child;
- whether child care will allow a parent to get training or education related to a job, career, or profession; and
- any other relevant factors.2
1 Nev. Admin. Code § 425.130(1)
2 Nev. Admin. Code § 425.130(2)
I was supporting my children by myself before I filed for child support. Can I get child support for that period of time?
When you file for child support, you have the right to seek support for the past four years leading up to the date you file for child support. However, you and the other parent must have been living separately for that period of time and you must have had physical custody of the child during that period.1 In addition, the law says that a father is also liable for the expenses of the mother’s pregnancy and “confinement.”2
1 N.R.S. § 125B.030
2 N.R.S. § 125B.020(3)
When can a child support order be modified?
Upon the request of a parent, a child support order will normally be reviewed by the court once every three years to see if it should be modified (changed). However, it can be reviewed at any time if either parent makes the request on the basis of “changed circumstances.” One example of changed circumstances would be if the income of the parent who is paying the child support increased or decreased by 20 percent or more.1 An order can also be adjusted based on the following factors:
- any special educational needs of the child;
- the legal responsibility of the parties for the support of others;
- the value of “services” contributed by either party;
- any public assistance paid to support the child;
- the cost of transportation of the child to and from visitation;
- the income of both households;
- any other necessary expenses for the benefit of the child; and
- the paying parent’s ability to pay.2
To request an adjustment to the child support order, you can file a motion to modify child support at the courthouse. Please visit our NV Courthouse Locations page for the courthouse nearest you.
1 N.R.S. § 125B.145(1), (4)
2 Nev. Admin. Code § 425.150
