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Questions Answered by Janice Jacovino
1 Answer | Asked in Child Custody, Child Support and Family Law for Nevada on
Q: Would child support arrears be affected?

If I were to modify my sons visitation to 50/50 with his dad, and stop future child support payments, would i still be entitled to the arrears that was owed? Or would the arrears be waive because of the modification?

Janice Jacovino
Janice Jacovino
answered on Apr 11, 2023

The arrears are not automatically waived. Just be careful what you sign as they can include a provision to waive them, end all child support obligations, or include some other language that may be interpreted as waiving arrears.

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: what do I do if the opposing party filed a stipulation with family courts that had your signature but you never signed?

So My ex husband has a long history of filing ficticious documents with the washoe county court system and they eat it up every time. My signature was recently forged on a stipulation submitted by him and it was granted by our judge

Janice Jacovino
Janice Jacovino
answered on Apr 11, 2023

You would have to file a Motion to Set Aside the Stipulation and Order with the court stating the same.

You will both have your opportunity to argue your side. If neither of neither of you have proof, him that you signed, and you that you did not, then the judge will may have hard time...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Nevada on
Q: Defendant to comply with any and all directives from Child Protective Services; No contact with any minors unless approv
Janice Jacovino
Janice Jacovino
answered on Apr 11, 2023

When dealing with protective services is it best to follow their rules.

If you are person who is not allowed contact, you should discuss your case with a lawyer as you may need to file in court to have contact restored and to protect your rights.

Legal Aid of Southern Nevada has...
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1 Answer | Asked in Divorce and Military Law for Nevada on
Q: who would be recomended for military benefits of a divorced wife Retirment pension in las vegas area
Janice Jacovino
Janice Jacovino
answered on Feb 23, 2023

You can use this site, Avvo, or the State Bar of Nevada Lawyer Referral Service to look for a Nevada Divorce attorney who has experience with Military Divorce and Military pension.

If no one specifically mentions military, then call a divorce attorney and ask. In addition, many attorneys...
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1 Answer | Asked in Municipal Law for Nevada on
Q: In Clark County NV, can the county force me out of my home to live on the streets declaring my house an imminent danger

Just because I was unable to pay the power bill?

Janice Jacovino
Janice Jacovino
answered on Feb 23, 2023

They can not force you to live on the streets but they are able to remove you from the house/ declare the home unsafe.

There are several agencies/programs that can help with power bills and other utilities.

some include:

https://www.helpsonv.org...
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1 Answer | Asked in Animal / Dog Law for Nevada on
Q: Can I get a dog back from my ex wife if I was the one who originally paid for it?

I got divorced in August of 2020. We had 3 dogs while married, one of which I bought from my best friend. When my ex and I sat down to go over our belongings, and who gets to keep what, we had an agreement that she would keep two dogs, and I would keep the one I paid for. This was a verbal... View More

Janice Jacovino
Janice Jacovino
answered on Feb 23, 2023

If your divorce was in Nevada you can file a motion requesting her to return your dog that was purchased from your friend.

Filing the motion does not mean that you will automatically be awarded the dog but it will give you the opportunity to have your request reviewed by the court. Per the...
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1 Answer | Asked in Traffic Tickets for Nevada on
Q: Is it considered a traffic violation if you did not chang your license soon enough after moving?
Janice Jacovino
Janice Jacovino
answered on Feb 18, 2023

You could get a ticket if you get pulled over and you have lived in the state for more than 30 days and have not changed the address or If you have moved and not changed your address on your license/ with the DMV.

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: If my children have direct covid exposure and dr advised quarantine am I wrong to keep our kids during dads week of vist

I am mom and kids got covid exposure from step dad. kids are negative covid with heavy symptoms, and taking medicine.

Janice Jacovino
Janice Jacovino
answered on Feb 7, 2023

Your should discuss the information with dad and see if you can reach an agreement and give him the information on the children's health. As long as the travel time or being with dad does not harm the children, Dad can decide if he should to have his visitation time when the children are ill.

1 Answer | Asked in Child Custody and Family Law for Nevada on
Q: If I have joint physical and legal custody of my son, do I need written consent to travel with him to another state?

His mother gave me the okay via text message several months ago. As we get closer to the date of travel, she states that she does not want him traveling.

Janice Jacovino
Janice Jacovino
answered on Dec 2, 2022

Review your Decree or an Order from the custody or divorce case to determine the out of state travel requirements. If you do not have an order or decree then assuming the travel was on your time, and you notified the other parent with an itinerary and contact information then you have done what... View More

1 Answer | Asked in Divorce for Nevada on
Q: Do I qualify for alimony?

I am getting divorced. I will be living on my own for the first time, and due to inflation, I worry I can't afford it. My husband is well-off in terms of money, and I work two jobs and have a side hustle. Even then, one-bedrooms in my city are starting at $1300. I just want to be able to... View More

Janice Jacovino
Janice Jacovino
answered on Oct 19, 2022

Alimony is normally a factual analysis.

The court uses several factors to determine if Alimony should be awarded; what amount should be awarded and the time frame it should be awarded for.

Some of the common factors are:

• The emotional, physical and financial condition of...
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1 Answer | Asked in Child Support and Family Law for Nevada on
Q: If my child support was cancelled by the mother in a district court back in 2012 how can they still be taking

I have court papers from the district court saying it was cancelled. Also signed by the mother.but my checks are still garnished etc.

Janice Jacovino
Janice Jacovino
answered on Sep 21, 2022

The answer to the questions would depend on the what the court papers said.

Did it include past child support, current support, judgements, ect?

Also, while a mother could waive current/ongoing and past child support due to her for the child, she can not waive an amount due to the...
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1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: How can I leave Nevada with my son and not have it jeopardize me? My marriage has turned toxic and it’s not safe for me.

I want to leave because I have no family or support here

Janice Jacovino
Janice Jacovino
answered on Sep 12, 2022

To legally leave the state with the child you should file for divorce and include an emergency motion to relocate.

2 Answers | Asked in Divorce for Nevada on
Q: My husband & I have agreed to file for divorce. Can we file for JOINT PETITION? Even if he resides outside of the US?

Part of the Joint Petition is a Secondary Petitioner's Verification which requires for notarization. How do we go about this? I live in Las Vegas but he lives in the Philippines.

Janice Jacovino
Janice Jacovino
answered on Sep 12, 2022

Yes, as long as you satisfy the residency requirement then you can file your Joint Petition in Nevada. For his verification/notary/ apostille- he can do this in Philippines.

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1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Is the judge likely to rule based on the CPS report?

I have an existing child custody agreement but after my sons december visit to his dads he came home and told me he was sexually abused buy his father 4 times. I filed a motion to modify custody and filed a police report. The judge ordered a CPS investigation and has the findings. I was told by CPS... View More

Janice Jacovino
Janice Jacovino
answered on Aug 5, 2022

You can file a Motion to Modify Custody and explain to the court why you kept your son and ask the court to change custody to you as dad is assaulting the child. However, you want to be sure the sexual assault has been substantiated or the court is unlikely to change custody without some other... View More

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Is there something I can do to get primary so the kids can stay together? Or no because daughter was sent here.

I’m primary of son (16)in Nevada ex is primary of daughter(13) in Idaho. Idaho has jurisdiction. Court custody is alternate summers holiday no child support. Split medical cost 2019 court date she didnt get primary of son back no substantial change. She asked if I would take daughter because... View More

Janice Jacovino
Janice Jacovino
answered on Aug 5, 2022

You should consult an Idaho attorney. From a Nevada attorneys' perspective and with the limited information above, you can file in court asking for primary custody if you have had primary custody ( even if it was voluntary given to you) as this can be seen as a substantial change assuming... View More

1 Answer | Asked in Divorce for Nevada on
Q: I want to buy husband out of house during divorce and he is fighting me.

My husband says he wants house sold and doesn't want me to buy him out because he doesn't want me to have it. Can he force me to sell if I want to buy him out?

Janice Jacovino
Janice Jacovino
answered on Aug 5, 2022

If you can not agree on what happens to the house and you ask the court to decided then the court will normally allow the party who wants to retain the home time to refinance and pay the other party their share of the equity in the house.

1 Answer | Asked in Divorce and Child Custody for Nevada on
Q: Do I need to be "friends" with my ex-husband/child's father on social media? Could this affect custody terms?

I am in the process of divorce and no custody agreements have been set. I do not want him as a friend to post or comment on my Facebook. But I can still use Messenger to let him video chat our child. Will this risk even joint custody?

Janice Jacovino
Janice Jacovino
answered on Aug 5, 2022

You can choose who to allow on your social media, but you should be very careful what you post especially during a divorce proceeding.

Nevada prefers joint custody and uses best interest of the child factors when deciding custody. These factors include coparenting, cooperate and fostering...
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2 Answers | Asked in Family Law, Child Custody and Child Support for Nevada on
Q: Can a judge grant me hardship and be able to move my kids out of state?

For the last 10 years, my family has lived away from our extended family due to work. I have been a stay at home mom for 10 years while my husband has worked and advanced his schooling and graduated from University. I have no more than a HS education and no skills to obtain a job to help support my... View More

Janice Jacovino
Janice Jacovino
answered on Jul 5, 2022

Assuming you have or had case with Family Court, you would need to file a Motion for Relocation.

If you do not have a case then you would first need to file for divorce; custody or legal separation depending on your circumstances, then in this case you can file yourMotion for Relocation....
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2 Answers | Asked in Family Law for Nevada on
Q: Im married and live in nevada state my husband and i have a child together . We are separating and ive decided to move

Back to California with my grandmother . I want bring my son with me back to California without getting in trouble or charge with kippnapping.

Janice Jacovino
Janice Jacovino
answered on Apr 28, 2022

At the very least you want to get his agreement in writing. The safest best would be to open a court case and file the agreement in that case.

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1 Answer | Asked in Divorce for Nevada on
Q: What part of NRS.150 specifically says that the alimony recipient can no longer receive alimony after remarriage?
Janice Jacovino
Janice Jacovino
answered on Apr 28, 2022

Look at Paragraph 6:

NRS 125.150  Alimony and adjudication of property rights; award of attorney’s fee; postjudgment motion; subsequent modification by court.  Except as otherwise provided in NRS 125.155 and 125.165, and unless the action is contrary to a premarital agreement...
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