Las Vegas, NV asked in Child Support and Family Law for Nevada

Q: Can a prior motion to reduce child support be revisited in future motions after it was completed?

I filed the motion after a job change and it was completed in court without opposition. After being laid off, I filed another motion to reduce child support, but the plaintiff filed a counter motion accusing me of intentionally being underemployed and is now calling into question the circumstances of the first job change. I was under the impression that finalized motions could not be re-litigated in family court in Nevada

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2 Lawyer Answers

A: If there was an express finding of a certain fact, then that cannot usually reversed absent a showing of fraud, etc. But usually a child support order just reduces the child support to a certain amount, without any express findings of fact regarding the circumstances behind it.

That does not mean that child support can be modified retroactively. Child support payments in Nevada, once due, can almost never be modified. The exception would be if the original child support order is successfully appealed or set aside for fraud, lack or jurisdiction, or other reason.

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Answered

A: In Nevada family law, while finalized motions typically cannot be re-litigated, child support is always modifiable based on changed circumstances. Here’s how it applies to your situation:

1. Can a Prior Child Support Motion Be Revisited?

If your first motion was properly adjudicated and no appeal was filed, the decision is final for that specific time period.

However, when you file a new motion to reduce child support after being laid off, the opposing party can bring up prior job changes to argue a pattern of underemployment.

Family courts have broad discretion in child support matters, so while they cannot undo the first ruling, they can consider the circumstances surrounding both job changes when determining whether your current unemployment is legitimate.

2. Accusation of Intentional Underemployment

Nevada courts do not allow parents to manipulate child support by choosing lower-paying jobs or remaining unemployed to reduce their obligations.

The court may evaluate:

Whether your job loss was involuntary (e.g., layoffs vs. quitting).

Whether you’ve made reasonable efforts to find comparable employment.

Your earning potential based on education, skills, and job history.

3. How to Defend Against the Accusation

Provide documentation of your layoff (termination letter, unemployment records).

Show job search efforts (applications, interview logs).

If the job market has changed (e.g., industry downturn), present economic evidence to justify why you haven’t found equivalent work.

If you’re pursuing training or certification to improve employment prospects, show proof to counter claims of intentional underemployment.

4. What the Court Can Do

If the judge finds that your job loss is genuine, they may approve the child support reduction.

If the judge believes you are voluntarily underemployed, they may impute income (assign a potential income amount) and deny the reduction.

Final Advice

Since the opposing party is trying to challenge past decisions, it’s crucial to consult a Nevada family law attorney to ensure you present strong evidence and protect your rights.

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