When a child’s parent has to pay child support in Nevada, they may be interested in stopping those payments as soon as they can. Even though a paying parent may assume that their payments will stop automatically when their child reaches certain milestones or a certain age, that is not usually true.
The paying parent’s obligation to make payments may end when the child:
- Passes away
- Leaves for undergraduate studies
- Gets married
- Reaches the age of majority
A parent who has to pay child support must be aware that there are some situations when the requirement for making child support payments will be ongoing even after the child reaches the age of majority, for example, if they are disabled. In Nevada, children are entitled to receive child support until they become adults or reach the age of 18.
In certain cases, a child might be emancipated before they reach the age of majority if they:
- Are in the military
- Get married
- Become self-supporting
A child may also be considered to be emancipated in certain other situations, for example, if the child:
- Is older than a certain age
- Leaves their parents’ home
- Does not obey the reasonable commands of their parents
When a child becomes emancipated, it means that they are able to manage their own affairs and that they are considered to be self-supporting. When this happens, the parent making child support payments might be able to stop making them.
When a paying parent believes their circumstances meet the requirements for terminating their child support payments in Nevada, they should reach out to a local attorney in Nevada for assistance.
A paying parent must not stop making any required payments until they have a new court order that states that they no longer have to make those payments. If the paying parent does stop making their payments, they can face different legal consequences.
When Is Child Support Ordered?
When the parents in Nevada divorce or separate, a family court can order one parent to fulfill the legal obligations they have to their child by making child support payments. These payments are typically made on a monthly basis to the custodial parent or parent with whom the child lives.
Child support payments are made for the benefit of the child or children. They are not meant to be used by the receiving parent to support themselves.
The payments are intended to help provide for the child’s basic needs, such as:
Parents should be aware that every state may have its own formula or guidelines for calculating child support. Typically, the state will base the calculation on the gross income of both of the child’s parents.
A parent may also have to pay retroactive child support if they did not make their required child support payments in the past. If the parent making the payments thinks they have a legal reason to stop making the payments, they should speak to a lawyer who can file a petition on their behalf.
The court will issue an order based on the child’s best interests and the arguments presented by the parents. It will explain whether the parent will be required to continue making the payments or whether the payments will be modified or terminated.
How Is a Child Support Award Enforced?
If the court issues an order requiring a parent to make child support payments, it is legally binding on both the paying and receiving parents. If the paying parent is not making their payments properly, the receiving parent can get help enforcing the child support order.
If, after these attempts, the paying parent still does not make the required payments, they can face additional legal consequences, such as:
- Imprisonment
- Suspension of a business license
- Seizure of property
Child support orders can also be enforced in a state other than the one they are issued in if the paying parent moves to a different state. Enforcing child support orders in different states can be accomplished under the Uniform Interstate Family Support Act (UIFSA).
How Can I Avoid a Child Support Increase?
If there is a material change in the paying parent’s circumstances, the amount that they are required to pay may be modified. If this type of qualifying change happens, the receiving or paying parent can file a request with the court to modify the existing child support order.
Things that may qualify as a material change in circumstances can include, but are not limited to:
- Unexpected needs or medical emergencies
- Custody or visitation changes
- Family size changes
- Deployment or incarceration
- Changes in income
Courts can modify or change existing child support orders so that they reflect this material change in the paying parent’s circumstances. The parent who is making payments should have their own lawyers to help ensure that the amount they are paying is not unfairly increased.
When reviewing a child support modification petition, a court will use the child’s best interests standard in addition to the applicable guidelines to determine the proper amount of child support payment. During this review process, the court will review many factors, such as:
- Mental state
- Religious or cultural preferences
- The child’s well-being
- Their physical state
How Can I Stop Paying Child Support?
In order to stop paying child support, there are requirements that the paying parent must meet. Parents should also know that they are not permitted to stop child support payments or waive payments based on their own agreement if those payments are court-ordered.
To stop paying child support, the parent who is making the payments will have to show that there has been a material change in their circumstances. If the parent who has to make payments obtains custody of their child, they can file a petition with the court to stop making child support payments.
There may also be additional reasons to close a child support case in addition to those listed above.
Do Child Support Payments End Automatically?
Child support payments do not usually terminate automatically. The paying parent in Nevada would need to reach out to a Nevada attorney for additional information on how to stop child support in their specific location.
How to Get Child Support Arrears Dismissed?
A paying parent may be ordered to pay child support arrears or payments that are overdue or unpaid. In this case, the receiving parent may be able to get assistance from government agencies or law enforcement to collect the amounts they are owed. Every state has its own unique government agencies and law enforcement agencies that help enforce child support orders and help the receiving parents collect the arrears they are owed.
Lawyers can also help the paying parent file a motion to dismiss their child support arrears. An attorney can also help resolve any other concerns that the paying parent may have about their child support obligation.
Do I Need a Lawyer for Help with Terminating Child Support?
If you think you may be eligible to terminate your child support payments in Nevada or if you want to determine if you are eligible to do so, you should consult with a Nevada child support lawyer. LegalMatch can provide you with a no-cost option for finding an attorney in your area to resolve your child support issue.
If you are eligible to terminate your payments, your lawyer will file a petition on your behalf to terminate your obligation. Your lawyer will represent you at the hearing you will likely have with the other parent to determine whether the requirements for stopping payments have been met.
If there is currently an order requiring you to make payments, you must continue making those payments until a court provides a new order that states you no longer have to pay child support. Your attorney can also assist you with any additional child support issues you have, such as being able to make your required payments or collecting the payments you are owed.
