Services: Domestic Violence: Resource Manual - Child Support Enforcement by the Clark County District (Section 11)

District Attorney Family Support Division

1. What does the District Attorney’s office have to do with child support?

The Clark County District Attorney Family Support Division (DAFS) represents the citizens of Clark County and not the custodial parent (that is, the parent with whom the minor children reside for more then 50% of the time), the noncustodial parent (the parent who is absent from the home) or their minor children. Like child support agencies in other states, DAFS operates under a common set of federal guidelines to assure that children are supported by their parents, and not the taxpayers.

2. Will the DA get me a custody order? Can they negotiate a visitation schedule with my children?

The DA will not become involved in custody or visitation disputes, even if a child support order contains custody and visitation clauses. The DA will not enforce property settlements unless the court order specifies that community or separate property is to be used for the support of the minor children. The DA will not try to prevent parents from harassing one another, nor will it obtain or challenge restraining orders. The DA will not collect spousal support unless child support is also owed.

3. So what can the DA do for me?

What the DA will do is the following: establish a child’s paternity, obtain and enforce child support orders, locate a missing parent, review and modify child support orders, and provide child support collection and payment processing services. DAFS does not charge any fee for its services.

4. How does the DA enforce child support orders?

The DA will file an enforcement action to get the court-ordered child support, whatever the underlying cause of the court order (such as, divorce, separate maintenance or an extended protection order). The DA will obtain a wage garnishment order directing the employer to withhold child support from the paycheck of the noncustodial parent and forward this payment directly to the State Central Collection Agency (an employer is allowed to deduct a $3.00 processing fee from the noncustodial parent’s paycheck for this service). The Agency accepts the payment and then issues a check payable directly to the custodial parent. By interjecting itself as the intermediary in the child support payment process, the State tries to remove this as a source of continuing irritation between the parties, to better assure the uninterrupted flow of funds needed for the support of the children.

5. How do I get the DA to help me enforce my order?

You ask the Clark County District Attorney Family Support Division (DAFS) to start an enforcement case by completing a Nevada State Welfare Division Application For Child Support Services, Form 4000. You may obtain an Application from the DAFS office at 301 Clark Avenue, #100, Las Vegas, NV 89101 (or on-line at www.co.clark.nv.us/distatty). This form must be completed (in blue or black ink only) and signed by you before a notary public, who must countersign and apply his or her notarial seal to the Application. This is very important - an Application will not be accepted without a notary’s signature and seal affixed.

6. Is there anything else I need to provide other then the application?

In addition to the Application, you will also have to provide DAFS with the following additional documents:

• A certified copy of all child support orders (including any court-issued modifications to such support orders) for every minor child for whom you are seeking to recover child support (You should provide a certified copy of all original or modified support orders. You may obtain a certified copy of any court order by telephoning the Clerk of the court that issued the orders. The Clerk will tell you how to request certified copies of court orders and the fee charged by the court to provide certified copies.); and
• A completed Statement of Prior Support Orders, signed by you; and
• If you are seeking to enforce an order for the noncustodial parent to provide medical insurance coverage for your minor children, you should provide copies of the birth certificates of all minor children named in the order; and
• A picture identification of the noncustodial parent (helps in locating and identifying him or her), if it is available.

7. Can the DA help me if my child support order is from another state?

Yes. The DA can enforce an order from a jurisdiction other then Nevada. To ask the DA to enforce an out of state court order for child support, in addition to the documents described above, you must also complete a Registration Statement, Form 4255, so that the DA can register the out of state order with the 8th Judicial District Court Family Division. You may obtain this form from the DAFS office at 301 Clark Avenue, #100, Las Vegas, NV 89101 (or on-line at www.co.clark.nv.us/distatty). This form must be completed (in blue or black ink only) and signed by you before a notary public, who must sign and apply his or her notarial seal to the Registration Statement. This is very important - a Registration Statement will not be accepted without a notary’s signature and seal affixed.

8. What If I Want the DA To Modify the Court Order As Well As Enforce It?

If you also want an existing child support order to be modified by the court, you must complete a General Testimony, Form 4745. This is an affidavit signed by you, under penalty of perjury, that recites some of the same information that is in the Application, as well as new, detailed personal and financial information regarding you and the noncustodial parent. This is an important document for the DA because the DA may proceed with a hearing to modify the child support order even if you fail to appear at the court hearing - your written testimony may be provided to the court in lieu of your actual appearance in court.

You may obtain a General Testimony form from the DAFS office at 301 Clark Avenue, #100, Las Vegas, NV 89101 (or on-line at distatty). This form must be completed (in blue or black ink only) and signed by you before a notary public, who must countersign and apply his or her notarial seal to the General Testimony. This is very important - a General Testimony form will not be effective without a notary’s signature and seal affixed. If DAFS does not have the notarized testimony from you they will not ask the court to modify any child support order.

9. What Happens Next?

If you have completed the applicable forms and provided DAFS all the documents necessary to pursue enforcement, the action will proceed in one of three ways:

• If the noncustodial parent lives in Clark County and his or her employer is known, DAFS will prepare a wage attachment order and sent it to the noncustodial parent’s employer. A notice of income withholding will be sent to the noncustodial parent’s last known address.
• If the noncustodial parent lives in Nevada but not in Clark County and his or her employer is known, the Clark County DAFS will send a request to the county where the noncustodial parent resides, and ask the local DAFS office to enforce the order, by the same process.
• If the noncustodial parent’s employer is not known, DAFS will prepare and file a Notice and Finding for enforcement of a child support order. If the noncustodial parent lives in Clark County, the Notice and Findings will be sent to him or her by first class mail. He or she will be given 20 days to respond and request a hearing on the matter. (For Nevada orders, N.R.S. 31A.050 (a) specifies 15 days to respond, however, DAFS allows them 20 days to respond. For non-Nevada orders, N.R.S. 606 specifies 20 days to respond after notice of the Registration of the out-of-state order.) If he or she fails to respond within the specified time period, DAFS will have a default entered and obtain a judgment on the child support order. DAFS will then proceed with the wage attachment to begin obtaining child support payments.

10. What Happens If the Noncustodial Parent Lives In Another State?

If the noncustodial parent lives outside the state of Nevada and his place of employment is known, DAFS may send the order and a Notice To Withhold Income to the noncustodial parent’s employer. A Notice of Income Withholding will also be sent to the noncustodial parent’s last known address. If the employer of the noncustodial parent is not known, DAFS will send a request to the local child support enforcement agency asking them to enforce the order.

11. What Happens If I Don’t Know Where the Noncustodial Parent Is?

As a state child support agency, DAFS has access to a variety of non-public and public records that may be used to locate a missing parent:

• State vital statistics records
• State tax records
• Real and secured (titled) personal property records
• Occupational and professional licensing and business information
• Public Assistance agencies
• State Motor Vehicles departments
• State and local law enforcement departments
• Business records of publicly regulated utilities and cable television companies
• Information held by financial institutions, including asset and liability data

If the noncustodial parent cannot be found locally, DAFS may ask the State Parent Locator Service to search the records of other states, using the missing parent’s social security number. Among other things, the State Parent Locator Service can search for addresses in the records of the Internal Revenue Service, the Department of Defense, the National Personnel Records Center, the Social Security Administration, the Department of Veterans Affairs, the State Employment Securities Agencies, and the National Directory of New Hires.

12. What If I Don’t Know the Social Security Number of the Noncustodial Parent?

Social security numbers are now required on applications for professional licenses, commercial driver’s licenses and marriage licenses, on divorce records, support orders, paternity determinations or acknowledgments and death records. If you and the other parent filed joint Federal income tax returns in the last three years, the number may be obtained from the Internal Revenue Service. DAFS may be able to get the social security number if you can provide at least three of the following items of information concerning the noncustodial parent:

• name
• place of birth
• date of birth
• his/her father’s name
• his/her mother’s maiden name

Oftentimes the State Parent Locator Service can locate a missing parent with as little information as a name, physical description, approximate age and last known city of residence.

13. How Will the DA Enforce the Support Order Once The Noncustodial Parent Is Located?

DAFS enforcement services may include one or more of the following:

• Withholding up to 50% of net income from paychecks (this may be increased by 10% if payments are owed for 12 weeks or more)
• Withholding up to 50% of unemployment compensation benefits
• Withholding up to 50% of certain monthly disability payments and 100% of permanent or partial disability awards
• Attaching bank and other accounts
• Intercepting federal and state income tax refunds
• Recording a judgment that allows DAFS to collect overdue child support payments whenever the noncustodial parent sells real or personal property
• Enrolling minor children in employer-provided health insurance plans
• Seizing vehicles and other property
• Referring cases to state prosecutors for civil or criminal contempt proceedings, or
• Suspending various state-issued licenses

14. What Happens If I Do Not Have An Existing Court Order For Child Support?

If you are the custodial parent of minor children but do not have an existing court order for child support and paternity of the minor children is not an issue, you may ask DAFS to establish a child support order for your minor children. DAFS does not charge any fees for its services.

15. How do I ask the DA to establish an order for child support for me?

You ask the Clark County District Attorney Family Support Division (DAFS) to start an establishment case by completing a Nevada State Welfare Division Application For Child Support Services, Form 4000. You may obtain an Application from the DAFS office at 301 Clark Avenue, #100, Las Vegas, NV 89101 (or on-line at www.co.clark.nv.us/distatty). This form must be completed (in blue or black ink only) and signed by you before a notary public, who must countersign and apply his or her notarial seal to the Application. This is very important - an Application will not be accepted without a notary’s signature and seal affixed.

16. What documents other then the Application does DAFS require?

With the Application, you will have to provide the following additional documents:

• If you are the mother and you and the father were not married at the time of birth of your minor children, you must provide a copy of the birth certificates for all children born on or after 10/1/97 that name him as the father; or
• If you are the mother, copies of all Affidavits of Paternity signed by you and the father if you and he were not married at the time of your child’s birth; or
• An Affidavit in Support of Establishing Paternity for each child if the noncustodial parent is not named on the birth certificate and the alleged father has not signed an Affidavit of Paternity; and
• If you are seeking to require the noncustodial parent to provide medical insurance coverage for your minor children, you should provide copies of the birth certificates for all minor children you want included in the order to provide medical insurance; and
• A picture identification of the noncustodial parent (to help in locating and identifying him or her), if it is available.

17. What if the father doesn’t live in Nevada? Can they still establish an order?

If the noncustodial parent does not live in the State of Nevada, you will be required to complete a General Testimony, Form 4745. This is an affidavit signed by you, under penalty of perjury, that recites some of the same information that is in the Application, as well as new, detailed personal and financial information regarding you and the noncustodial parent. This is an important document because in all likelihood, DAFS will need to refer all or part of the establishment/enforcement action to the child support enforcement agency in the state where the noncustodial parent resides and your written testimony may be provided to that state’s court in lieu of your actual appearance in court.

You may obtain a General Testimony form from the DAFS office at 301 Clark Avenue, #100, Las Vegas, NV 89101 (or on-line at www.co.clark.nv.us/distatty). This form must be completed (in blue or black ink only) and signed by you before a notary public, who must countersign and apply his or her notarial seal to the General Testimony. This is very important - a General Testimony form will not be effective without a notary’s signature and seal affixed. If DAFS does not have the notarized testimony from you they may not proceed with the establishment action.

Finally, if the custodial parent lives outside the State of Nevada, DAFS will send you a questionnaire that tries to identify the contacts that the noncustodial parent has or had with the State of Nevada. This is very important to establish the validity of any child support order entered by a Nevada court. Note that the inability to establish contacts with Nevada will not prevent you from obtaining an order for child support from the noncustodial, nonresident parent. It only means that DAFS will forward the case to the child support enforcement agency in the noncustodial parent’s state to have them start an establishment action there, on your behalf. If you answer any questions on the form falsely, it is possible that the Nevada child support order could be invalidated and all the time spent obtaining this order would be wasted! Therefore it is critical that you answer the questionnaire truthfully.

18. What Happens Next?

If you have completed the applicable forms and provided DAFS all the documents necessary to pursue the action, DAFS will prepare and file a Notice and Finding for establishment of a child support order. If the noncustodial parent resides in Clark County, the Notice and Finding will be personally served on him or her.

After personal service of the Notice and Finding on the noncustodial parent is effected, the noncustodial parent will be given 20 days to respond and request a hearing on the matter. (For Nevada orders, N.R.S. 31A.050 (a) specifies 15 days to respond, however DAFS allows 20 days. For non-Nevada orders, N.R.S. 606 specifies 20 days to respond after notice of the Registration of the out-of-state order.) If he or she fails to respond within the specified time period, DAFS will have a default entered and obtain a judgment on the child support order. If the noncustodial parent/father responds and denies paternity, see the materials on Paternity Establishment actions in the next section.

If the noncustodial parent lives outside Clark County, but within the State of Nevada, DAFS will refer all or part of the establishment/enforcement action to the District Attorney for the county where the noncustodial parent resides. If the noncustodial parent lives outside the State of Nevada, DAFS will refer all or part of the establishment/enforcement action to the child support enforcement agency in the state where the noncustodial parent resides.

19. Can DAFS Obtain A Court Order For Child Support If Paternity Is At Issue?

If paternity of minor children is at issue DAFS will ask the court to order a paternity test (that is, have the court declare whether or not an individual is the father of your minor child). Genetic testing is usually performed though use of a buccal swab - that is, a cotton swab will be rubbed against the inside of the cheeks of the mother, the purported father, and the children for whom he denies paternity. Laboratory tests on these swabs will determine whether or not the alleged father is, in fact, the natural father of the children tested, to a substantial degree of accuracy. The court will also decide who must pay for the laboratory tests; ordinarily, the alleged father will be required to pay if he is found to be the father. DAFS does not charge any fees for its services.

20. How do I ask DAFS to get a paternity determination for me?

You ask the Clark County District Attorney Family Support Division (DAFS) to start a paternity/establishment case by completing a number of different documents. First, you must complete a Nevada State Welfare Division Application For Child Support Services, Form 4000. You may obtain an Application from the DAFS office at 301 Clark Avenue, #100, Las Vegas, NV 89101 (or on-line at www.co.clark.nv.us/distatty). This form must be completed (in blue or black ink only) and signed by you before a notary public, who must countersign and apply his or her notarial seal to the Application. This is very important - an Application will not be accepted without a notary’s signature and seal affixed. With the Application, you should also provide a picture identification of the noncustodial parent (to help in locating and identifying him or her), if it is available.

You will have to complete a State of Nevada Affidavit of Paternity, in case the alleged father volunteers to sign this document and admit paternity. You may obtain an Affidavit of Paternity from the DAFS office at 301 Clark Avenue, #100, Las Vegas, NV 89101 (or on-line at www.co.clark.nv.us/distatty). This form must be completed (in blue or black ink only) and signed by you before a notary public, who must countersign and apply his or her notarial seal to the Affidavit. This is very important - an Affidavit is invalid without a notary’s signature and seal affixed.

You will also have to complete an Affidavit in Support of Establishing Paternity (form 4755). This form is available from the DAFS office at 301 Clark Avenue, #100, Las Vegas, NV 89101 (or on-line at www.co.clark.nv.us/distatty). This form must be completed (in blue or black ink only) and signed by you before a notary public, who must countersign and apply his or her notarial seal to the Affidavit. This is very important - an Affidavit is invalid without a notary’s signature and seal affixed.

21. What is the alleged father doesn’t live in Nevada? Can DAFS still help me?

If the alleged father does not live in the State of Nevada, in addition to the other forms listed in question 20, you will also have to complete a General Testimony, Form 4745. This is an affidavit signed by you, under penalty of perjury, that recites some of the same information that is in the Application, as well as new, detailed personal and financial information about you and the noncustodial parent. This is an important document because in all likelihood, DAFS will need to refer all or part of the paternity/establishment action to the child support enforcement agency in the state where the noncustodial parent lives and your written testimony can be used in that state’s court instead of requiring you to appear in court.

You may obtain a General Testimony form from the DAFS office at 301 Clark Avenue, #100, Las Vegas, NV 89101 (or on-line at ). This form must be completed (in blue or black ink only) and signed by you before a notary public, who must countersign and apply his or her notarial seal to the General Testimony. This is very important - a General Testimony form will not be effective without a notary’s signature and seal affixed. If DAFS does not have the notarized testimony from you they may not proceed with the paternity/establishment action.

22. Is there anything else I need to sign other then the Application, Affidavit of Paternity and General Testimony?

If the alleged father lives outside the State of Nevada, DAFS will send you a questionnaire that tries to identify the contacts that he has or had with the State of Nevada. This is very important to establish the validity of any child support order entered by a Nevada court. Note that the inability to establish contacts with Nevada will not prevent you from obtaining an order for child support from him if he is found to be the father. It only means that DAFS will forward the case to the child support enforcement agency in the alleged father’s state to have them start a paternity/establishment action there, on your behalf. If you answer any questions on the form falsely, it is possible that any Nevada child support order could be invalidated and all the time spent obtaining this order would be wasted! Therefore it is critical that you answer the questionnaire truthfully.

23. What Happens Next?

If you have completed the applicable forms and provided DAFS with all the documents necessary to pursue the action, DAFS will prepare and file a Notice and Finding for the establishment of paternity and a child support order. If the noncustodial parent resides in Clark County, the Notice and Findings will be personally served on him or her.

After personal service of the Notice and Finding on the noncustodial parent is effected, the alleged father has 20 days to respond. If the noncustodial parent/father responds and denies paternity, the court will order a genetic test for the alleged father, the mother and the minor child. A hearing will be scheduled 60 days from the date the last person was schedule for genetic testing.

The court will issue a ruling at the hearing. Once the court establishes paternity, the father’s name will be entered on the children’s birth certificates (if it is not already there). In addition, once the father is determined, the court will order payment of the appropriate amount of child support from him, if he is not the custodial parent. The noncustodial parent may file an objection to the ruling within 10 days of the hearing; if no objection is filed, the Court signs the order for child support. This order is submitted to the Court Clerk’s office for filing, and a Conformed Copy of the Order is sent to DAFS within 14 day. DAFS will then enforce the order, in the manner previously described above.

24 What if the father lives in Nevada, but not in Clark County?

If the noncustodial parent lives outside Clark County, but within the State of Nevada, the Clark County DA will refer all or part of the paternity establishment action to the DA in the county where the noncustodial parent resides. If the noncustodial parent lives outside the State of Nevada, DAFS will refer all or part of the paternity establishment action to the child support enforcement agency in the state where the noncustodial parent resides.

25. He claims he isn’t the father of my children. Do I have to have an attorney in order to challenge this?

It is not usually required. DAFS represents the taxpayers of the County, not you or the father, but the DA will try to establish paternity on your behalf. Whether or not you retain legal assistance, you need to contact DAFS promptly, at the telephone number indicated on the documents.

27. What happens if the Notice and Findings indicate that the DA is trying to establish paternity?

First, if he agrees that he is the father of the children listed, you and he may sign an Affidavit of Paternity and stipulate to child support. He may obtain an Affidavit of Paternity from the DAFS office at 301 Clark Avenue, #100, Las Vegas, NV 89101 (or on-line at www.co.clark.nv.us/distatty). This form must be completed (in blue or black ink only) and signed by you before a notary public, who must countersign and apply his or her notarial seal to the Affidavit. This is very important - an Affidavit is invalid without a notary’s signature and seal affixed. If he knows he is the father and voluntarily signs the Affidavit, he will not have to pay for genetic testing (which will be charged to him if the tests prove that he is the father). Otherwise, the court will order genetic testing for you, the father and all children for whom he is alleged to be the father. The current charge for this test in Clark County is $60.00 per person tested.

If he doesn’t sign the Affidavit and stipulate to child support, he has 20 days to respond. If he does not respond, his default will be taken. If he responds and denies paternity, he will be sent an order specifying when and where to appear for genetic testing. Genetic testing is usually performed though use of buccal swabs - that is, cotton swabs that are rubbed against the inside of the cheeks of the mother, the purported father, and the children for whom he denies paternity. Laboratory tests on these swabs will determine whether or not the alleged father is, in fact, the natural father of the children tested, to a substantial degree of accuracy. You will be required to appear at that time and place, with a picture identification containing your signature.

28. What if he doesn’t do anything about the Notice and Findings?

DAFS will proceed without him. There are factual circumstances where the law will presume he is the father if he fails to respond and challenge their application in your case. He could be named the legal father of the children by default, even if genetic testing could have proved that he was not the biological father.

Second, if he was lawfully served with the Notice and Findings, the order to appear for genetic testing, like any other order of a court, must be obeyed. A willful failure to obey a lawful court order constitutes a contempt of court. Contempt of court may be punished by a fine and/or imprisonment. Disobeying a court order is always a bad idea!

Finally, he will be ordered to pay child support and his wages could be garnished, etc.

29. Why would I want for him to be named as the legal father of these children?

It should be as important to you that paternity be established, both for your sake and for the sake of your children. A child has the right to the sense of belonging that comes from knowing both parents. Your child has the right and the need to know of any inheritable medical illnesses or medical predispositions that can be determined by establishing the identity of both parents. Your child could be eligible for government benefits and inheritance or other benefits that flow from establishing you as the legal father. Establishing the paternity of your children may give you the right to joint custody of them, visitation with them and a say in all major decision that will affect their lives. If you are established as the father you might obtain custody of the children and you could be eligible for government benefits, inheritance or other benefits that flow from your status as their legal father.

30. He claims he can’t afford child support. What do I do?

You do not have to do anything at this time. He will try to contact DA, explain he cannot afford the amount ordered or that cannot afford to pay at this time. If there is an existing court order that specifies an amount of child support that he is obligated to pay, he may ask the DA to modify his order to accurately reflect his ability to pay and negotiate a payment schedule for unpaid amounts. Most child support orders are fair and reasonable at the time they are entered, however, the circumstances of people’s lives often change. An order for child support may be modified every three years or upon a material change in circumstances. Generally, if he wants to change a court-ordered amount on the ground of changed circumstances, DAFS guidelines require that he must demonstrate that, based upon his current income, there should be at least a 20% change in the support obligation and that one or more years has passed from the date of the order or the last review of the order. You should provide whatever information you may have concerning his current income or current employer to the DA.

31. What do I have to do if I want the DA to modify my child support order?

After an interview with DAFS, you will have to complete an Application (Form 4000) requesting modification and a General Testimony form (Form 4745). This is an affidavit signed by you, under penalty of perjury, where you set forth detailed personal and financial information regarding you and the non-custodial parent.

You may obtain an Application for modification and a General Testimony form from the DAFS office 301 Clark Avenue, #100, Las Vegas, NV 89101 (or on-line at www.co.clark.nv.us/distatty). This form must be completed (in blue or black ink only) and signed by you before a notary public, who must countersign and apply his or her notarial seal to the General Testimony. This is very important - a General Testimony form will not be effective without a notary’s signature and seal affixed. If DAFS does not have the notarized testimony from you they will not proceed with any request to modify an existing court order, and the amount of child support you can be ordered to pay will be determined by the testimony of the custodial parent alone as to the needs of the children and your gross monthly income. Is this what you want?

32. I got a notice for a child support hearing! What will happen at the hearing?

The child support hearing will be held at the Eighth Judicial District Court Family Division Courthouse at 601 North Pecos Road, Las Vegas, NV 89101. You will receive a Notice of Hearing that will tell you the date and time of your hearing as well as the department where your matter will be heard. The hearing procedures are designed to be "user friendly"; the Court is used to seeing individuals appear who are not represented by an attorney and will give you and the noncustodial parent a chance to "tell your story". Remember that while the DA does not represent you at the hearing, he or she does not represent the noncustodial parent either. Do not hesitate to contact DAFS and ask about the hearing process and the general procedures you should follow.

33. What Happens If I Don’t Appear At the Hearing?

The Court may make a decision based only on the facts and evidence presented at the hearing. If you do not appear, you cannot tell the Court the facts that you think are important. Decisions will be made at the hearing without your input, and that decision will affect you.

34. How should I prepare for the hearing?

You should write out some notes and bring them with you to organize your presentation and help you remember all of the things you want the Court to know. If you have papers you want the Court to see, be sure to provide them to the DA and the other parent before the hearing. The DA and the other parent have the right to see any documents you intend to present to the Court before the hearing and the Court may refuse to consider them if they have not had the chance to see them before the hearing. You may want to bring witnesses or have their signed, sworn and dated statements. If so, you need to provide the DA and the other parent with a list of your witnesses or a copy of their sworn statements before the hearing. The Court may refuse to consider any statement or hear any witness if the DA and the other parent did not have a chance to review the statement or interview the witness before the hearing.

Copies of any documents that you submit to the DA for filing with the court will be sent to the other parent. Do not place your address on any of these documents if you do not want your address released to the other parent.

35. I am the parent seeking to modify the child support order. What proof should I bring to the hearing?

• Copies of your tax returns for the last two years
• Other Court Orders (including orders to support other minor children that are not the subject of this proceeding)
• Pay stubs, benefit statements, disability checks or other proof of how much money you make
• Receipts, bill or other documents indicating your medical costs
• Medical insurance costs paid to cover any of your minor children
• Receipts for daycare, healthcare or other expense paid for any of your children
• Proof of child support payments made for the minor children involved in this proceeding
• Proof of any special circumstances of payments that you want the Court to consider
• Any other proof that you want the Court to consider

36. What Are My Rights At The Hearing?

• You can be accompanied by anyone, such as a friend, relative, victim’s advocate or social worker. However, only an attorney can speak for you in court and you do not have a right to free legal assistance.
• You can present evidence and can object to evidence presented by anyone else.
• You can ask the Court for a continuance (delay) of the hearing, if you have a good reason to need it.
• You can review and obtain photocopies of documents or other evidence that DAFS intends to introduce at the hearing free of charge if you cannot afford to pay for them.
• You can ask the Court to allow you to send in additional evidence after the hearing and before a decision in your case is made.
• You can question witnesses, object to witnesses and present evidence to show that the testimony of any witness is not true.
• You can bring witnesses to the hearing or ask the Court to make witnesses take part in the hearing. You may also ask the Court to make witnesses send or bring papers to the hearing that are important to your case.
• You can ask the Court to order witnesses to wait outside the hearing room. This can help protect privacy and keep one witness from influencing another.
• You can see and get copies of any policies, rule, guidelines and other DAFS publication related to your hearing.
• If you are scheduled for a telephonic hearing, you can ask the Court to change this to an "in-person" hearing, if you have a good reason.

37. How Will The Court Decide?

The Court will establish or modify the amount of child support ordered for your children under the guidelines established under Nevada law. In determining the amount of child support, the court considers the following statutory formula:

1. 1 child, 18%;
2. 2 children, 25%
3. 3 children, 29%
4. 4 children, 31%
5. For each additional child, an additional 2% of the parent’s gross monthly income is added.

Nevada law presumes that these percentages of the non-custodial parent’s gross monthly income will be sufficient to support a child, however, the minimum amount of support that will be awarded is $100.00 per month, per child and the maximum amount of support that will be awarded is $ 800.00 per month, per child. Moreover, a court may adjust the amount of support for a child upon specific findings of fact. See Section 8, question 7, for more information concerning the amount of child support that a court may award.

Generally, the Court makes his or her decision at the hearing. If you are present at the hearing, you will be given a copy of the decision. You will receive a conformed (court-stamped "Filed") copy of the order in the mail approximately 3 weeks after the hearing. For this reason, you must be certain to provide DAFS with your current mailing address before the hearing.

38. What If I Don’t Like The Decision?

You may file an objection to the court’s ruling within 10 days of the hearing.

39. What If I Don’t Speak English Well or I Need Special Assistance?

If you or a witness needs a translator or interpreter, you will be provided one, free of charge. You should ask for an interpreter at least one week before the hearing. Ordinarily a friend or family member may not act as your interpreter unless the Court approves them in advance.

If you or a witness need other assistance (such as a sign language interpreter or alternate format materials) because of a disability, you will be provided help free of charge. Ask for this assistance at least one week before the hearing.

All Family Court areas are wheelchair accessible.

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