Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Nevada Family Law Questions & Answers
0 Answers | Asked in Child Support and Family Law for Nevada on
Q: I own 7,000 child support and like 17,000alimony they put my name in the denial list to get a passport,

if i pay what i own child support will they remove my name from denial list , or i must pay both alimony and child support,

2 Answers | Asked in Family Law and Child Custody for Nevada on
Q: Opposition reasons, and or codes for denial of attorney costs? Las Vegas , NV

Other party has requested attorney fees to be awarded, and we are not even to trial yet. I have offered multiple times to mediate. They want me to pay for both this case and a different case for mother and father. (Mine is 3rd party.) I do not have income, as I have just been released from workers... View More

Jennifer Setters
PREMIUM
Jennifer Setters pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 20, 2024

Parties commonly seek attorney fees and costs; this does NOT however guarantee the award. The judges have discretion to award or deny said requests and unless you act in "bad faith," most judges defer the request until trial. At trial, the judge must weigh various considerations... View More

View More Answers

1 Answer | Asked in Family Law and Tax Law for Nevada on
Q: Can one state take my federal tax return while another state is collecting child support? One child same case
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 20, 2024

Yes, multiple states can collect from your federal tax return simultaneously if you owe child support in different jurisdictions. This happens through the Treasury Offset Program, which allows states to intercept federal payments, including tax refunds, to cover unpaid child support.

When...
View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Nevada on
Q: denied court ordered contact with son Order made in Churchill, child lives with dad in Clark I am in Washoe What to do?

I believe there has been abuse of judicial discretion in Churchill County order awarding father sole custody and moving my son to Las Vegas. time for appeal long gone,I have lost all contact with my son the phone was disconnected and i cannot sign into Our Family Wizard. I now live in Washoe... View More

Jennifer Setters
PREMIUM
Jennifer Setters pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2024

I'm sorry to hear about the challenging situation you’re facing with your son. Given the complexity of custody orders, particularly those involving multiple jurisdictions, it’s crucial to understand the legal remedies that may be available to you and why consulting an attorney is... View More

1 Answer | Asked in Family Law for Nevada on
Q: If a parent leaves a 12 year old child in a home for 4days alone while the parent is out of the state, is that neglect ?
Jennifer Setters
PREMIUM
Jennifer Setters pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2024

Leaving a 12-year-old child alone for four days while the parent is out of state could potentially be considered neglect, depending on the circumstances and the laws in the relevant jurisdiction. Child neglect laws vary by state, but they generally require that children be adequately supervised... View More

2 Answers | Asked in Family Law and Child Support for Nevada on
Q: My husband owes about $4000 in arrears her in NV. His ex wife wants to forgive them. How would he move forward with that

He now has guardianship over his 22 year old disabled daughter. The child support was transferred from Indiana to Nevada.

Philip Spradling
Philip Spradling
answered on Nov 8, 2024

How to forgive child support arrears?

The right way: the parties should enter file a stipulation in whatever court the child support was ordered. In Nevada, the stipulation should state that the obligation has been satisfied, and the means by which it has been satisfied. If the...
View More

View More Answers

2 Answers | Asked in Family Law for Nevada on
Q: Can a family attorney request pending criminal discovery, to use in a family law trial? Nevada

Father is pending trial, and step mom he seeked visitation with the children. Bio mom’s lawyer is requesting a subpoena for Bio dad’s criminal discovery. Is this allowed, or is this protected information? Step mom cannot see the discovery as she’s a potential witness in the criminal case.

Philip Spradling
Philip Spradling
answered on Nov 8, 2024

Normally yes, a family attorney can requesting pending criminal discovery. Criminal discovery is not protected from discovery in family law cases.

If there is some reason that a party should not receive discovery, then you need to request a protective order. Or, if a subpoena has...
View More

View More Answers

2 Answers | Asked in Family Law for Nevada on
Q: I pay for the cell phone for my 14 years old twins, can dad take their phones cutting off communication between us?

He is refusing to let them talk to me

Philip Spradling
Philip Spradling
answered on Oct 29, 2024

Cutting off communication is, in general, not a good move for Dad. One of the factors a Court must consider when deciding what is in the best interest of the child is "which parent is more likely to allow the child to have frequent associations and a continuing relationship with the... View More

View More Answers

2 Answers | Asked in Divorce and Family Law for Nevada on
Q: I am recently divorced. I feel my attorney did a very poor job of representing me in the divorce. can someone help me?
Philip Spradling
Philip Spradling
answered on Oct 21, 2024

Unfortunately, there are rarely any second chances once the divorce has been finalized. Especially if the problem is with your attorney and not the court.

You can file a motion to reconsider, if you believe the court made a mistake. In Clark County, you only have a week to do this. But...
View More

View More Answers

2 Answers | Asked in Family Law and Child Custody for Nevada on
Q: Is traveling out of state with my child during my custody time is a violation based on the following notice?

Or is it ok to go during my custody time? Other parent refuse to communicate respectfully. We both have joint legal and physical custody. No other items or notes mentioned in the order except the following notice.

“PENALTY FOR VIOLATION OF ORDER: THE ABDUCTION,

CONCEALMENT OR... View More

Philip Spradling
Philip Spradling
answered on Oct 16, 2024

Parents seeking to maintain control over the other parent often proclaim rules like 'no travel outside the state' and try to use this sections to support their claim.

This section does not prohibit you from travelling out of state during your custody time, as long as you do not...
View More

View More Answers

1 Answer | Asked in Family Law and Criminal Law for Nevada on
Q: I have a restraining order against my ex for online harassment granted by California... I now live in Nevada.

Hello. I have another year left on the restraining order against my ex for online harassment granted by the state of California. In the past year I've moved to Nevada and the online harassment has recently started again. Does my restraining order hold any weight in the state of Nevada? Can I... View More

Jennifer Setters
PREMIUM
Jennifer Setters pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2024

Every case is unique, hence in situations like this—where you have a restraining order granted in California and have subsequently relocated to Nevada—it is advisable to seek advice from an attorney conversant with both Nevada and California law. These are some general rules:

Applying a...
View More

2 Answers | Asked in Civil Litigation, Estate Planning and Family Law for Nevada on
Q: My father passed a few years ago. My stepmother said I lost my inheritance. I was the sole trustee and beneficiary

I believe it was a revocable trust. Can she remove me after my dad’s death? How do I get a copy without knowing the attorneys they used?

Jennifer Setters
PREMIUM
Jennifer Setters pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2024

Every case is unique, hence in circumstances like these—where your father died away and you are unsure of your position as trustee or beneficiary of a revocable trust—you should be careful to consult with an attorney who specializes in trusts and estates. Here are some broad ideas,... View More

View More Answers

1 Answer | Asked in Family Law for Nevada on
Q: Single dad to a three year old daughter and wanting to get a passport.

Hello,

I'm a single father to a 3 year old. The mother has never visited, does not call, or pay child support. I reached out to the mother and the mother initially agreed through Talking Parents, which it's documented. The mother filled out the government custody form, and signed... View More

Jennifer Setters
PREMIUM
Jennifer Setters pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2024

In situations like yours, where a parent is seeking court approval to obtain a passport for a child, the cost to hire a lawyer can vary depending on the complexity of the case and your location. Since you've already documented the mother's agreement and have signed forms, this may... View More

1 Answer | Asked in Child Custody and Family Law for Nevada on
Q: Do I need to hire a lawyer if my Nevada Child Custody orders only say "the children"?

I only recently found that I had issues. I never even noticed that the order didn't list their names until this last year when I needed to renew my children's passports. The order was from 2012 and I had renewed before with no issues using the same Custody Order from the court. I had... View More

Jennifer Setters
PREMIUM
Jennifer Setters pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2024

In your case, since the original custody order from 2012 refers to "the children" without listing their names, and this is causing issues with renewing passports and obtaining a psych evaluation for your daughter, you may need to have the custody order modified to explicitly list the... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Nevada on
Q: Can the father of my children get child custody & support after he was abusive and abandoned all responsibilities/priori

He was breadwinner since I quit working after our daughter was diagnosed with type 1 diabetes I'm her primary care giver the whole time

Jennifer Setters
PREMIUM
Jennifer Setters pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 20, 2024

It's important to remember that every case is unique, and the outcome of any custody or support matter depends on various factors specific to your situation. While general principles can guide decisions, the specifics of your case, such as past behavior, the care you provide, and your... View More

1 Answer | Asked in Family Law for Nevada on
Q: Giving the courts a false address is that considered perjury

The judge ordered my Ex to move back to Vegas by June1 so she decided to use my old address as her current to make the judge think she moved back but still currently living in California…lying about your address on a legal document is that considered perjury

Jennifer Setters
PREMIUM
Jennifer Setters pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 12, 2024

In situations like this, where you believe someone might be providing false information to the court, it’s important to gather any evidence that supports your concerns, such as communication records, proof of residence, or any other documentation that shows where your ex is currently living. Once... View More

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Are parents being punished for getting their children help for mental health related issues?

By punished I mean having their child placed in foster care? My boss is having me research this topic but I am stumped. She said it has been seen in Ohio and Colorado family law.

Jennifer Setters
PREMIUM
Jennifer Setters pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 12, 2024

In Nevada, parents should not be punished for seeking mental health support for their children. In fact, addressing a child's mental health needs is often viewed positively, as it demonstrates a commitment to the child's well-being. However, each case is unique, and how mental health... View More

Q: Whats the next step?

If my case wasn't granted an appeal until 1 year later and because of the delay in the I had a hearing the judge automatically went to deference in the mean time then at my appeal hearing I was told the appellant judge didn't have jurisdiction to grant the appeal what do I do next when... View More

Jennifer Setters
PREMIUM
Jennifer Setters pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 12, 2024

Navigating the appeals process can be quite complex, especially when there are delays and jurisdictional issues involved. If your appeal was delayed and the appellant judge determined they didn’t have jurisdiction, it’s important to understand why this decision was made and what your options... View More

1 Answer | Asked in Adoption, Divorce and Family Law for Nevada on
Q: Are we able to get divorce & custody documents signed & notarized by different notaries in different states?

My partner is getting a divorce , we live in Nevada & her husband lives in Washington state. Can we avoid having to make the trip up to Washington , by notarizing the documents here on the mothers behalf & then send the documents to Washington & have her husband also notarize separately... View More

Jennifer Setters
PREMIUM
Jennifer Setters pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 31, 2024

As an attorney, I can provide some general information, but for specific legal advice tailored to your situation, please contact us at 702-979-1455 or visit our website at www.gastelumattorneys.com.

In divorce cases where the spouses reside in different states, it is often possible to...
View More

2 Answers | Asked in Family Law, Civil Rights and Landlord - Tenant for Nevada on
Q: In Nevada, would it be legal to throw away my ex fiance's stuff? He cheated on me and left 3 months ago

His parents are aware of the situation and that we were trying to coordinate last month. However, the stuff is still here taking up a lot of space (6 boxes of clothes/tools). I would rather just throw it all away and start fresh. I gave him the important documents already. Some of the tools/clothes... View More

Jennifer Setters
PREMIUM
Jennifer Setters pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 20, 2024

It's common to feel the urge to get rid of your exs stuff, after a while. The rules around disposing of their belongings can be tricky and depend on laws. In Nevada those items might be seen as abandoned property. There are usually steps you need to take before you can throw them out... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.