Nevada Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support

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Multi-State
Control #:
US-00800BG
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Word; 
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Description

This form is used to justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.

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FAQ

Some general examples of a substantial change in circumstance include the following: Change in the child's needs. Change in the parent's situation. Physical relocation of the custodial parent.

A change of circumstances refers to the showing required by a party seeking to modify a prior child support, spousal support, or custody order. Generally, the change in circumstances must be substantial in nature and due to facts that were unknown or unanticipated when the prior order was issued.

Common ?substantial changes in circumstances? may include: a loss or gain of employment, a sudden change in either party's finances, a relocation of the parties or children, a death, a change in the child's wishes, etc.

The order may qualify for child support modification when there has been at least a 20% change in either party's gross income. Note: If the physical custody arrangement has changed you must modify the custody arrangement in the court where your original custody order was filed.

The ?30/30 Rule? means that if a parent pays a medical expense for a child that is not paid by insurance, that parent must send proof of the expense to the other parent within 30 days of paying. The other parent then has 30 days to reimburse the paying parent ½ the cost.

In the new Nevada child support laws, there is no presumptive maximum of support. Instead, whatever the amount is, based on the parent's total income, is presumed to meet the needs of the child. The parents can rebut that presumption by presenting evidence and asking the court to order a different amount.

?Unfit parent? is any parent of a child who, by reason of the parent's fault or habit or conduct toward the child or other persons, fails to provide such child with proper care, guidance and support. NRS 128.020 Jurisdiction of district courts.

Process to Modify a Divorce Order in Las Vegas, NV If the parties can agree on the modification that needs to be made then a modifications attorney can prepare a stipulation and proposed order for the court's consideration.

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Nevada Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support