In any Family Law situation involving children, Nevada judges will always first and foremost look to what is in the best interest of the children. For this reason, it follows that endangerment of a child would most certainly be a compelling reason for a judge to grant a modification of an existing...Read more »
It has been my experience, prior to COVID, that it was really up to the individual judges if they allowed the witnesses all in the courtroom at the same time. most of the time I found that it was one witness in the courtroom at one time. Since COVID, most appearances are virtual and processes are...Read more »
Technically she should have filed an Answer and Counterclaim to your Complaint. If, as you state, she only filed a Counterclaim without an Answer, she must still file the Answer but I do not believe the judge will allow for a default as she has already replied in some way to the Complaint.
My ex moved out of town 1 year ago and gave me full custody of our son. We agreed that there would be no child support at the time. I was laid off from my job in September so I filed a Motion to modify child support. The Judge said that it would be modified but we needed a parenting agreement... Read more »
1 year ago my ex moved out of town and gave me full custody of our son. She quit her job and refuses to look for workAt the time we agreed that nobody would pay child support but she would be responsible for 50% of clothes and school supplies. She has not followed that part of the Stipulation and... Read more »
In May my ex moved out of town and gave me primary physical custody. I filed the stipulation and order with the judge so that everything was on the record. The stipulation and order clearly states in the first line that this is a temporary agreement until she moves back to town or if she moves out... Read more »
If an existing child support order is in place, a modification is only warranted in the case of a 20% change in income. If not, any parent is entitled to motion for child support, however the amount is based on the custody arrangement in place. I would suggest you enlist the help of an experienced...Read more »
My daughter is receiving vision therapy. I recently lost my job and had to scramble to obtain a transfer to keep similar pay, but I had to move to Texas. I exhausted all my financial resources to move out her and remain gainfully employed. I told my ex that I wanted to wait on vision therapy for... Read more »
In difficult situations like this, my suggestion is to first always attempt to talk civilly with your ex and see if it’s possible to come to an agreement on how to handle the situation. In my opinion, this is always preferred and usually more beneficial to both parties than going to trial....Read more »
If you are behind on child support payments, then yes, the state may assert a lien against your insurance claim in order to recoup the overdue child support. This is only one of the many options the court has in enforcing child support.
My child support modification was recently transferred to a new judge. I have represented myself up until this point but the judge just ruled against child support. Before this judge took over the previous judge had already said child support would be modified and I proved a change of... Read more »
If the judge is not involved in the daily case activities of the former firm, then this would likely not be a conflict of interest situation. The judge has a duty to be impartial and their former employment should not play a part in their ruling. However, if you feel uncomfortable, you may exercise...Read more »
You are free to file for divorce in any state where you can meet the state requirements for divorce. The only requirement for a divorce in Nevada is that you or your spouse have lived in the state for at least six weeks prior to filing your divorce. You have the right to begin the process at any...Read more »
Nevada is a community property state, therefore all property, bank accounts, and other assets, as well as debts, acquired during the marriage are considered part of the marital estate. Both parties are automatically entitled to an equal share of the marital estate. Nevada family law courts do not...Read more »
On January 16 I brought to her attention that she was breaking the Stipulation and Order filed with the court. At this time she directed me to only contact her attorney which I did. I filed the motion to reconsider and a motion to show cause of contempt of court for many reasons. These documents... Read more »
In my experience, this extension is very commonly offered as a courtesy by either opposing attorneys or by the court. You do have the option to object, however, in my opinion it may not serve you well in the long run if you do return to court.
I have full custody of my son. My ex quit her job, moved out of town and refuses to look for work. I lost my job in September and filed a motion to modify. The judge said that she would have to pay child support but continued the hearing until a parenting agreement was done. My case was then... Read more »
I would suggest you enlist the assistance of an experienced Family Law attorney to review the judge’s ruling as to why Child Support was denied. Generally speaking, being unemployed does not disqualify a non-custodial parent from their child support obligations, but there may have been other...Read more »
I always advise my clients to adhere to the court order as closely as possible to avoid punishment due to court order violations. Additionally, I always encourage my clients to communicate openly with the other party and to discuss matters such as these amicably, before resorting to court...Read more »
Hello, my dad has withheld all food other than peanut butter and oatmeal for over 2 weeks now. He also previously took off the shower knobs and turned off the water. Today he came into my room while I was at work and took over $3,000 worth of my belongings. Is he allowed to do all of these things... Read more »
It would depend if the child is a minor, or if they are of legal age and therefore no longer the father’s responsibility, legally speaking. If the child is a minor, then the father is legally responsible for creating a safe environment for his children, this includes providing basic essentials...Read more »
He has been gone for 7 months without contact or providing support. I have them, want to keep them. But what route do I go in order to do so? Can I file for guardianship while they're in my home? Or do I need to call cps and have them go into the system first in order for it to be on Record... Read more »
You may petition the court for guardianship, however you will have the burden of proving that being the guardian for the children, over their biological father, is in the children’s best interest. In doing so, it would serve your case to include evidence of his abandonment.
The child is 7 years old. I am listed as the father on the birth certificate. We are divorced. During the divorce she was given full custody as the dna test came back, I was not the paternal father. She died out of the country and I am trying to get the child back to the U.S. The actual paternal... Read more »
If the mother had full custody of the child prior to her death, the child will likely be taken into state custody until arrangements have been made for a family member or guardian to care for the child. If not predetermined by the mother’s will, that process may include a hearing to determine...Read more »
I have a question about gaining permission to relocate. I’m a single father with primary custody, married almost 10 years, divorced in June 2019, Divorced with 50/50 physical and legal custody of D7 and S10, July 2019 had to file an emergency motion to take primary custody of the children... Read more »
Moving out of state without the other parent’s permission can be difficult, but it is not impossible. You will need to petition the court to have the judge decide whether moving the children away from their mother to be closer to your family is in the children’s best interest. You will need to...Read more »
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