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Questions Answered by Bonnie M Lonardo
1 Answer | Asked in Tax Law, Divorce and Family Law for Nevada on
Q: Can I claim our son on my taxes, who in our decree is supposed to be claimed by my ex husband?

My ex husband and I have been divorced a few years. We share 4 children. In our decree we each claim 2 of our children on our taxes. I have primary custody and he has visitations. This year our oldest son has stopped his visitations with my ex husband. He has solely lived with me since the first... Read more »

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Sep 30, 2022

Generally speaking the parent who has primary custody claims the children on taxes UNLESS it has either been agreed or Ordered otherwise in the Decree.

If your Decree states that the father is to claim 2 of the kids then its best to follow the Decree to avoid being in contempt.

If...
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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.

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Sep 12, 2022

As long as one of the parties has lived in Nevada for at least 6 weeks prior to the filing of the Joint Petition and has established residency in Nevada, you can file the JP in Nevada. the JP can be notarized in the Philippines and filed with the court here in Nevada.

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1 Answer | Asked in Divorce for Nevada on
Q: My wife wants to divorce and initiated separation. I agreed to leave home. Do I have to split mortgage/bills?

I agreed to leave the house because I have family here and she would've had to get an apartment. I also hoped she would come around to considering counseling first. She is adamant on divorce but wants to split all of the bills even though she's leaving there alone now. We are both on the... Read more »

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Sep 8, 2022

The general rule is that while the parties are going thru the divorce process, they must maintain the status quo. This means that the mortgage and marital financial obligations such as bills, credit card payments, etc., must continue to be paid in the same manner and by the same party that was... Read more »

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: I’m looking for NRS 159A form to file with the court , to contest termination of guardianship .

What form do I file to contest termination of guardianship ?

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Aug 30, 2022

You might try looking at the Family Law Self Help Center website.

1 Answer | Asked in Divorce for Nevada on
Q: my name is Jennie and I'm trying to get a divorce from a man that's married to another woman at the same time as me
Bonnie M Lonardo
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Bonnie M Lonardo
answered on Aug 11, 2022

Having more than one husband or wife at the same time is considered Bigamy and is outlawed in most states, including Nevada.

Therefore the second marriage will automatically be void and have no legal significance.

1 Answer | Asked in Child Custody for Nevada on
Q: I have a couple questions about family custody

Hello my name is Savannah B.,

My husband has 2 kids by someone else . They were both living in San Diego . She had left to Las Vegas Nevada. So we decided to move to Las Vegas so he can be closer to his kids . Well we never saw them or she didn’t contact us . On his kids were about’s .... Read more »

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Jul 11, 2022

A parent cannot move a child out of the child's resident state without either a Court Order or the other parent's consent.

I am not certain from your question and fact pattern if the parties already had a Custody Order in place before Mom moved away with the children. If there...
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1 Answer | Asked in Child Custody for Nevada on
Q: I filed an ex parte on the other parent for child abuse and neglect on another child. Can I keep child until hearing

Daughters father recently had a warrant for his arrest for child abused and neglect on another child living with him. I filed an ex parte when he was arrested on these charges. Can I keep my daughter until our next hearing?

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Jul 11, 2022

If you feel that the child is in danger from being with the other parent due to his current arrest for abuse and neglectful then I would suggest filing a motion with the court for temporary orders before keeping the child away from the other parent. It is never a good idea to violate a current... Read more »

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... Read more »

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Jul 11, 2022

Relocating children out of the state is a difficult thing to do without the other parent's consent. You will need to file a motion with the Court stating why it is in the children's best interest to be relocated and moved away from one of their parents.

Although this is...
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1 Answer | Asked in Family Law for Nevada on
Q: Can you get a joint annulment for fraud?

My husband hid a domestic violence misdemeanor from me. He has been violent to me. After 5 years, can I get an annulment?

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Jun 29, 2022

Nevada law does not have a time limit to annul a marriage, however three years seems to be the general consensus.

that is not to say that the annulment will not be granted if the marriage is longer than the three years, but to get the annulment you must meet the requirements which are you...
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1 Answer | Asked in Divorce for Nevada on
Q: My husband had an affair. We've been back and forth on getting a divorce or trying to work it out.

If we do get divorced, he wants to file online for it's cheaper, faster, and easier. But I would have to agree to all his terms he has set out. He wants to keep our house so our kids can stay with him most of the time while I find a 2 bd apartment but claims we share 50/50 custody. He also... Read more »

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Jun 20, 2022

Based on your description of your husband's request, It appears that your husband is looking to get Primary Physical custody of the children in exchange for taking all the marital debt.

I cannot counsel you on what is best for you and your family, but can tell you that the...
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1 Answer | Asked in Divorce for Nevada on
Q: My wife has filed for divorce. We were married in 2012. We have been separated about 75% of that time. No children

No property together. I retired prior to us getting married. I'm not employed and she wants spousal support and my retirement. We have been living apart for the past 3-4 years. We were married in Las Vegas(where I live) and she lives in Ohio. Is she entitled?

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Jun 15, 2022

She should not be entitled to your retirement as it was earned prior to your marriage. However, the income you receive from the retirement monthly may be used to calculate your total income in order to calculate spousal support amount.

1 Answer | Asked in Child Support for Nevada on
Q: I opened a child support case in California when my child was an infant. The father moved to Chicago. I closed the case

prior to obtaining a child support court order. My daughter is now an adult. Can I reopen case and receive back child support?

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Jun 15, 2022

It appears that since the child reached majority without any child support order in place, from either the family court or the district attorney child support division, you waived the right as you intentionally relinquished your right to child support by closing the support case.

1 Answer | Asked in Child Custody and Family Law for Nevada on
Q: My ex and I divorced in September of last year. He moved 20 hours away. He is moving back. How will this impact custody?

My ex moved to be closer to his mom (she's his source of income). He's currently having mental health issues. He has talked about dating Jesus, seeing and hearing god, shooting demons, my oldest having a demonic name (she goes by a chosen name), and demons "attaching" themselves... Read more »

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Jun 1, 2022

It appears from your message that you have reason for concern regarding his visitations with the kids. I am not certain what type of visitation dad has but you might want to consider filing a motion for modification of custody yourself if you are planning on keeping the kids away from him. This... Read more »

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: My husband and his ex fling have joint custody through mutual agreement, however the ex and I are the ones who agreed on

this and I have him more than his dad because my husband works out of state. We have been doing this arrangement for a year now, and just today she told me she is keeping their son on Sunday (which is the day we always switch off) because of Mother's Day and she still wants him back the... Read more »

Bonnie M Lonardo
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Bonnie M Lonardo
answered on May 10, 2022

Since it appears from your question that there is no legal custody order in place, Mom has the right to keep her son if she chooses without legal repercussions. I suggest that Dad file for custody and get a legally binding order in place for his custody rights and avoid any future issues like... Read more »

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Hello my ex and I broke up in 2014 I moved to Texas and she stayed in Nevada. Well I’n 2015 she had me served with

Custody order wanting sole custody. Well I wasn’t able to make it to court so judge gave her sole custody and I have no rights or visitation. But in 2016 I moved back to Nevada to be in my daughters life. I’ve been around my daughter for almost 5 and half years. I’ve taken her places bought... Read more »

Bonnie M Lonardo
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Bonnie M Lonardo
answered on May 10, 2022

I believe strongly in retaining counsel whenever you have a legal matter regarding custody of children. These cases can get very complicated and you are fighting for the most important and fundamental right as a parent. It should be handled by an experienced attorney to get you the best possible... Read more »

1 Answer | Asked in Family Law and Child Support for Nevada on
Q: Can I file a complaint against an Nevada RE agent that owes a substantial amount of c/s arrears?

He owes $25K in arrears and was being garnished but now has his commission checks cut in his RE partners name to avoid further garnishments

Bonnie M Lonardo
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Bonnie M Lonardo
answered on May 2, 2022

I am assuming that you have an order from either the family court or DA's office as the father has been garnished. You can either contact the DA's office and request they investigate further into his income or file a motion with the family court.

Because the arrears are over...
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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.

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Apr 29, 2022

To relocate with the child, you will either need to get the consent of the other parent or file a motion with the court granting you permission to relocate.

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2 Answers | Asked in Family Law and Child Custody for Nevada on
Q: Dr appointment. Me and my ex-husband have a joint custody. I've been asking him for doctors

That are approved for by his insurance. My son has been sick throughout the year school year I picked out two doctors made appointments because he hadn't give me his doctors that he suggested. Then he decides to go and find a doctor and take him to the doctor. I still want them to go to a... Read more »

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Apr 19, 2022

If the custody order awards you both joint legal custody, then you both have the right to take the child to doctors if needed. it is important that you both discuss the choice of doctors as the court is expecting you both to co-parent. Please know that with joint legal custody, one parent cannot... Read more »

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2 Answers | Asked in Divorce for Nevada on
Q: What happens with a family trust in a divorce? We own a house together, cars and joint bank accounts.

We each have life insurance policies, IRA’s, traditional Roth and 401k. All named in our Trust. I have kids (18+) from a previous marriage.

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Apr 18, 2022

As this is not a settled matter in Nevada, it will come down to deciding if the property that was placed in the trust was and will be considered community property or separate property. Putting assets in a trust does not automatically make the assets separate property. The source of the assets... Read more »

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2 Answers | Asked in Child Custody and Family Law for Nevada on
Q: I am a renter and I have joint custody I need to move to another apartment within the city within a few miles.

It will not affect the other party's parenting time within any fashion. I don't see anything within the MSA that says that I can't move within the city. Do I need to do anything as far as what the law says?

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Apr 15, 2022

As long as you are not infringing on the other parent's custody/visitation times, you are not prohibited from moving to a new residence. Be sure to inform the other parent of your new residence.

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