Phoenix, AZ asked in Child Support, Child Custody and Family Law for Nevada

Q: Is it possible to argue you do not owe child support arrears?

My ex and I divorced in Nevada, there was an option to not have income withholding which we elected. He's now claiming I owe 4 years of child support becuase I asked for a modification of custody as a way to finically penalized me. I have no real proof I paid it. I receive large cash tips in my work and have always just given him cash as well as paid for tons of extras for the children.

1 Lawyer Answer
John Michael Frick
John Michael Frick

A: Child support in Nevada is collected and disbursed through the Child Support Enforcement Office that keeps records of all amounts received from the Payor or the Payor's employer(s) and disbursed as child support. Any direct payments from the Payor to the recipient are memorialized by an affidavit signed by the recipient indicating the date and amount of each such payment for child support.

Payments made outside this system, such as cash given directly at Christmas or birthdays, are NOT child support but are properly "gifts" to the recipient.

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