Services: Domestic Violence: Resource Manual - Child Support (Section 8)

1. Can I get child support for my children?

All parents are responsible for financially supporting their children. If you have physical custody of your children, and the father of the children does not live with you, you are entitled to seek child support, whether or not you are married to the father. (See Section 6 of this manual for more information on custody.)

2. How do I get the court to issue an order for child support?

There are several ways you can ask a judge to award child support: a complaint for divorce; a complaint to establish paternity; a complaint for custody; a complaint for child support; or a complaint for legal separation. If the father of your children files one of these complaints in Family Court, you can seek child support under this case too. You can file one of these complaints through an attorney or on your own (using forms available at the Family Court Self-Help Center), or you can apply for the free child support services offered by the Clark County District Attorney Family Support Division (DAFS - the same agency that collects child support for the Welfare Division - see Section 11 for more information regarding DAFS child support actions.) Refer to Sections 9 and 10 for more information about how to file a case in Family Court and how to get an order for child support. You can also get temporary child support under a Protection Order Against Domestic Violence in Family Court. (See Section 3 of this manual for more information on protection orders).

3. What if I am on TANF?

Read questions 8-12 in Section 2 of this manual. These questions discuss what happens with child support and TANF.

4. How does DAFS help me if I am not on TANF?

DAFS provides child support collection services to all "custodial parents" (parents who have physical custody of their children) residing in Clark County Nevada.DAFS tries to make sure that parents pay back the State of Nevada for supporting their children on TANF. When you apply for DAFS services, you give them the right to establish and collect child support on your behalf. You can get an application form to apply for DAFS services from their office at 301 N. Clark Street, #100, Las Vegas, Nevada, 89101, or you can call (702) 455-4755 to have them mail you an application, or you can download an application from their website at www.co.clark.nv.us/district_attorney/ChildSupport). DAFS does not charge a fee for this service. However, because of their heavy caseload, you may have to wait for several months before DAFS gets your case into court. If you do not want to wait, you can hire an attorney to get you child support, or you can file a complaint for child support yourself.

5. How do I file for child support on my own?

You can file for child support on your own by going down to the Family Court Self-Help Center and buying the appropriate packet containing all the documents you need to either file a Complaint for Divorce or, if you are not married to the father of your children, file a Complaint for Custody/Visitation/Child Support. You can also download the forms for free, from the internet: www.co.clark.nv.us/district_court/self_help_center/index.htm. Although it is usually better to have a lawyer, filing for child support on your own is not too difficult. Note: If you are applying for a Protection Order Against Domestic Violence you can request child support in your application (See Section 3 of this manual for more information on protection orders).

6. If I want to do the case myself, is there anybody who can help me?

Clark County Legal Services Program, Inc., Nevada Legal Services and the Boyd School of Law together provide free legal information classes on Divorce, Paternity and Custody law. The classes are taught by law students, with a supervising attorney available to answer questions regarding do-it-yourself divorce or custody/paternity/child support cases. For more information, call (702) 386-1070 in order to register or find information on the class schedule for the current semester. Many domestic violence shelters have advocates who understand the basic procedures involved in getting a divorce or paternity/custody/child support case, to get you started. Also, see the Checklists at the Appendices to Sections 9 and 10, and the section on How To Prepare For A Court Hearing on page 116 of this manual.

7. I don’t think I can do it myself, but I can’t afford an attorney. How can I get someone to help me?

Many attorneys in Clark County offer what are called "unbundled services." This means that you may hire the attorney for limited assistance only (such as, to appear with you at a hearing or to review your documents) and he/she agrees to charge you only for that limited service. This can allow you to control the amount you pay in legal fees, while getting you the expert assistance you need to proceed with the case largely on your own.

8. I heard you have to pay over a hundred dollars to file a complaint for divorce, custody or paternity. What do I do if I can't afford that?

There is no filing fee to apply for a Protection Order Against Domestic Violence. If your income is low enough, the court may waive (or eliminate) the filing fee of $152.00 to start a case for divorce or child custody. You ask the court to waive such fees by filing an Application to Proceed In Forma Pauperis, a document that confirms that you cannot afford to pay the filing fee. The Self Help Center at Family Court sells a packet containing all the documents you need to file this application, for $3.00. If your application is approved, you will be able to file your complaint without having to pay the filing fee. In addition, the sheriff will serve the defendant with the Summons and Complaint without charging you its customary fee for service.

8. How much child support will I get?

Nevada has "child support guidelines." These are fixed percentages that determine how much child support the father of your children has to pay each month. In a few cases, the court may not order the father to pay support if his own income is severely limited. (If the father of your children is not working, he can be ordered to report his job search efforts to the court.) The court will establish or modify the amount of child support ordered for your children under the guidelines, based upon the gross monthly income of the parent who does not have custody of the children (the "non-custodial parent"):

1. 1 child, 18% of gross monthly income;
2. 2 children, 25% of gross monthly income;
3. 3 children, 29% of gross monthly income;
4. 4 children, 31% of gross monthly income;
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 may be awarded is $100.00 per month, per child, and the maximum amount of support that may be awarded is up to $ 800.00 per month, per child (amount increases on a sliding scale). Moreover, a court may adjust the amount of support for a child upon specific findings of fact concerning the following:

• The cost of health insurance for the child;
• The cost of childcare for the child;
• Special educational needs of the child;
• The age of the child;
• Any responsibility of either parent to support other persons;
• The values of services contributed by either parent;
• Any public assistance paid to support the child;
• Any pregnancy and confinement expenses of the mother;
• Any travel expenses related to the child visiting the parents;
• The amount of time the child spends with each parent;
• The relative income of each parent; and
• Any other necessary expenses of the child.

You should also know that although the child support guidelines usually apply, other things could cause the amount of support to change: the non-custodial parent’s prior child support orders for other children, new children born after an order is entered, credits for health insurance and credits for childcare all can change the amount you receive as child support. The judge can consider these and other things and adopt a different figure than the one that would result from a strict application of the guidelines.

9. If the judge orders support, how can I be sure the father of my children pays?

Most child support orders are enforced through a "wage assignment," or "wage garnishment." You can ask the court for a wage assignment - you will then complete a form notice that will be sent to the father' employer (or to the Unemployment Office if the father is on Unemployment), along with a copy of the order and the relevant Nevada statutes (See sample notice letter at the end of this Section). The child support payment is withheld from the father's paycheck, like taxes and other deductions, and the employer will send it to you. DAFS will do this for you if you are using their services, however, in that case the payments are sent directly to a State Collection Agency that then forwards it to you.

You may also ask the court to include in the wage assignment an order that the father's employer put the children or you and the children on his health insurance plan.

10. The other parent changes jobs often, and half the time works under the table, so a wage assignment won't help. What can I do?

If you have a support order and the other parent refuses to pay or stops paying, you can file a motion to ask the court to find that parent in contempt of court. There is no filing fee for this motion. If you are low income, you can file an Application to Proceed In Forma Pauperis to have the sheriff serve the motion on the other parent without charge. The court will issue an Order to Show Cause that requires the parent to appear in court on a certain date and explain why he/she hasn't been paying support. You must appear in court on that date as well. When the father says he has no money and/or no job, you will have to explain to the judge why you believe that he/she is not telling the truth. Bring in witnesses who can testify that they know he/she enjoys a good standard of living that would indicate that money is coming in from someplace. Bring in a record of payments made and payments missed. The judge should again order him/her to pay the support, and will usually set a date by which he/she must pay you the delinquent child support. Sometimes the judge will place him/her in jail until he pays, or longer. Many parents who insist that they are not able to pay child support come up with some money at that point. If this parent does get sent to jail, you can ask the judge to release him/her for work during the day so he doesn’t lose his job; this is called "work release." If the parent doesn't pay support after that, you can go to court again, and ask that he/she be brought in again. If the parent fails to appear in court on the date of the hearing, the judge could issue a bench warrant for his arrest!

11. What if I think my child support order is too low?

Check the guidelines. Are you getting what the guidelines say you should get? If there is a significant difference, you might want to file a motion to modify the amount of child support ordered. If the income of the father of your children has increased, the support payments might be increased. You must go to court on the hearing date set for your motion with your proof of the amount the father is now making. If the father of your children does not show up, and you have proof from the sheriff that he knew about the date, then you will probably win your motion and the judge will order increased support. The judge usually awards an amount consistent with the statutory guidelines.

12. How do I find out how much the father of my children is making?

After you file a complaint (for divorce, child support, etc.) you can file a motion for temporary custody and child support. The father of your children will have to file an Affidavit of Financial Condition if he opposes your motion. When he responds, you will know what he is making - as long as he tells the truth on the Affidavit. Otherwise, you may send him a Request for the Production of documents to get copies of recent pay stubs and/or W-2 forms. (See sample documents at the end of this manual).

13. Suppose the father of my children won't fill out the Affidavit? How do I prove what he makes? What if I don't know? What if he lies to the judge?

First, the court rules require that he complete an Affidavit of Financial Condition. He can get in trouble with the court for refusing. Also, if you have recent paycheck stubs or the previous year's W-2 form, you can bring them to your hearing and show the judge. If you don't have paycheck stubs or W-2 forms, you can "subpoena his wage records" from his employer.

14. What is a "subpoena?"

A subpoena is a form that tells the person who gets it that he has to show up in court on a certain day to testify in a particular court case. If a person is given a subpoena and ignores it, the judge can issue a bench warrant for his/her arrest. Once you have filed your Complaint, you can ask the Court Clerk to issue a subpoena to the father's employer; the subpoena will order someone from the payroll department to come to court and testify about the father's income. If the payroll staff would prefer not to come to court, they can send "certified" records of his income directly to the court.

15. How do I subpoena records?

Depending on where the father works, the "Custodian of Records" might be willing to send you a certified copy of the wage records without your having to do a subpoena. You can try talking to him or her first to see if they are willing to do so. In general, it is safer to send a subpoena because then the Custodian of Records is required to respond to your request.

To subpoena the records, first, look up the father's employer in the telephone book. Call them and get the address, and the name of the person in charge of the payroll records (also called the "Custodian of Records"). Then, using the address and the name, fill out a subpoena form (you can get one from the Clerk's office at Family Court). Next, take the completed subpoena to any notary public in order to sign it in front of him or her. There is usually a notary public at your local bank; staff at the Self-Help Center at Family Court will notarize your signature on documents, without charge. Otherwise, a commercial notary should notarize the subpoena with her stamp for a few dollars. The subpoena will not be issued by the Clerk unless your signature is notarized. Make 2 photocopies of the notarized subpoena form and then take all 3 to the Clerk's office at Family Court.

The Clerk will "issue" the subpoena by signing and impressing an embossing seal onto the original copy of the subpoena and stamping the 2 photocopies. All 3 will be returned to you.

Normally, you have to pay a witness a "witness fee" of $25.00, plus round trip mileage to and from the courthouse. However, in the case of records, you usually will not have to pay a witness fee, because the employer will prefer to send "certified" records of the father's wages rather then travel to court to testify - call the father's workplace before serving the subpoena on the employer, talk to personnel or payroll, and tell them that you will be serving them with a subpoena for wage records and that they will not have to go to court if they mail a "certified" copy of the wage records to the Clerk of the court. (They may want to charge you for the cost of photocopying the records however. Sometimes, however, just asking nicely gets you what you need without charge).

After you have spoken with the custodian of records, give one of the stamped photocopies to a friend who is a U.S. citizen over 18 (who is not a witness for your case); this friend should take the copy of the subpoena (and the witness fee, if it is required) to the father's workplace and hand it to the receptionist, stating that he/she is there to serve the company with a subpoena for the father's wage records. Your friend then has to complete the affidavit of service on the original (the statement on the reverse side of the subpoena, saying where, when and how he/she served it) and sign it before a notary public. The original subpoena/affidavit of service is filed with the court the other copy will be file stamped and is for your records.

16. What's a "certified copy" of wage records? Will the company know how to certify the records?

The company might not know how, but it's very easy, and you can tell them over the phone how to do it.

Tell them that the custodian of the payroll records has to write the following words on the records, and sign and date it to certify them:

I, ___(name)_____, Custodian of the Payroll Records at _(employer)________ hereby

certify under penalty of perjury under the laws of the State of Nevada, that this is a true and correct copy of the complete record of the wages of (father's name) for the years _________ to _________.

______________________ ___________________

Date Signature

The certified wage records should be sent to the court within a few days.

Proceed to Section 9: Paternity >