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Nevada Family Law Questions & Answers
0 Answers | Asked in Divorce, Family Law and Civil Litigation for Nevada on
Q: Options for divorce settlement issues in Nevada and California: dealing with excluded assets and costly forensic review.

I live in Nevada, and my spouse lives in California. I filed for divorce in California, and we've just had a divorce settlement conference, but I'm unhappy with the settlement and my attorney. The settlement excludes assets I brought into the marriage and disallows my inheritance from my... View More

1 Answer | Asked in Child Support and Family Law for Nevada on
Q: What do I need to request child support and enforce payments in NV?

I am a single mother, and my baby's father, who lives in another state, and I had a verbal agreement for child support payments, but he is no longer fulfilling it. We have never had a formal child support order through the court, but his name is on the birth certificate. What documents do I... View More

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answered on Mar 13, 2025

In order to request and enforce child support payments in Nevada, you will need to establish a formal child support order through the court, as verbal agreements are not legally enforceable. Since the father lives in another state, the case may involve interstate child support laws, requiring... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Family Law and Contracts for Nevada on
Q: Can a plaintiff file a lis pendens if judgment execution is delayed and assets are transferred?

I am dealing with a situation where the family court has entered a judgment for the division of several joint accounts, but the defendant has delayed execution and transferred the joint assets. The defendant's appeal has been dismissed, and there is a motion without progress. Currently,... View More

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answered on Mar 13, 2025

A lis pendens (or "notice of pending litigation") is typically used in real estate disputes to provide public notice that a legal claim is affecting a property. In Nevada, a lis pendens is generally limited to cases involving title or interest in real property and may not apply directly... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Nevada on
Q: My ex decided he wants nothing to do with our baby and wants to relinquish his rights. Does he still have to if he’s not

Does he still have to sign over his rights if he’s not on the birth certificate? The baby will be born in Las Vegas,Nevada

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answered on Feb 24, 2025

In Nevada, if the biological father is not listed on the birth certificate, he is not automatically recognized as the legal father. However, if he wants to formally relinquish his parental rights, he may still need to go through legal proceedings, especially if you or someone else (such as an... View More

2 Answers | Asked in Child Support and Family Law for Nevada on
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... View More

Philip Spradling
Philip Spradling
answered on Jan 20, 2025

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...
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2 Answers | Asked in Divorce and Family Law for Nevada on
Q: Am I entitled to half a house my wife bought while married even though I signed a notarized form giving up liability?

Her dad used her name to buy it, but he used his money to pay it off. Her married name is still on the assessor's information.

Philip Spradling
Philip Spradling
answered on Dec 26, 2024

Maybe. In general, quitclaiming or deeding a property does eliminate your interest in the property. But sometimes there are ways to get some or all of it back. The answer depends on the laws of your state and the specific circumstances.

In Nevada, it is usually possible to re-acquire a...
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3 Answers | Asked in Family Law and Tax Law for Nevada on
Q: Can it be ordered that only the biological parents of a child can claim them for taxes?

Example: no grandparents, aunts, uncles, or significant others

Philip Spradling
Philip Spradling
answered on Dec 25, 2024

You mean by a state court judge? Not really.

The IRS has its own rules regarding who can claim children for various exemptions and tax benefits. For the dependent deduction, it is generally the person the child lived with more than half the year, but there are other requirements. See,...
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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Libel & Slander for Nevada on
Q: Can a minor's guardian keep the parents from visiting, or even getting info from nurses, while the child is in the PICU?

The parents were awarded visitation during the guardianship hearing. The guardians were told they can't ignore phone calls.

Parents were not informed their child was in Intensive Care, only discovered this information via accidental phone call from the hospital's cafeteria,... View More

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answered on Jan 7, 2025

1. Guardianship Rights and Responsibilities:

Guardians typically have the legal right to make decisions about the child's medical care and access to information while the child is under their guardianship.

However, if the court has awarded visitation or communication rights to...
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2 Answers | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for Nevada on
Q: What can the defendant do in this instance, if she feels her rights were violated in due process of 4th and 14th amend.?

Mother that had a CPS closed case in the past. Giving birth One month early before her baby's due date so so naturally she was tested and both her and baby came up negative baby had to stand in Nick unit for feet problems. CPS NEA worker came to assess if there was any immediate or imminent... View More

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answered on Jan 7, 2025

1. Due Process Concerns:

4th Amendment: The removal of a child without clear evidence of imminent danger may constitute an unreasonable seizure. If CPS lacked just cause or failed to provide evidence to support their actions, the removal could be challenged.

14th Amendment: Parental...
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1 Answer | Asked in Child Custody, Child Support, Family Law and Criminal Law for Nevada on
Q: Lawfully and Legally ok to give the Judge a plea the defendant neither verbally or physically agreed too.

I, took it upon myself to take legal information, and concerns they had about their case possibly having constitutional violations concerns. That the defendants lawyer never answered about, and went from a being forced to take the DAs plea deal as long as the defendant pleas guilty to the... View More

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answered on Jan 7, 2025

1. Forced Plea Without Consent

A plea must be:

Voluntary: The defendant must enter the plea without coercion or undue pressure.

Knowing and Intelligent: The defendant must fully understand the consequences of the plea, including waiving constitutional rights (e.g., the right...
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1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Child Custody for Nevada on
Q: Has my constitutional rights and 4th and 14th amendment been violated? Can I get this dismissed/closed?

In my current and open Family CPS Case, after my son was born and we both tested negative for any influence of drugs in our system, due to the fact he was born 1month early. Social Service became involved and so did something called Nea or Neo from CPS DFS. The hospital said he was showing signs of... View More

James L. Arrasmith
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answered on Dec 21, 2024

I'm sorry you're going through this difficult situation. Your constitutional rights under the 4th and 14th Amendments protect you from unreasonable searches and ensure due process. If you believe these rights have been violated, it's important to document all interactions with CPS... View More

1 Answer | Asked in Contracts, Family Law, Arbitration / Mediation Law and Child Custody for Nevada on
Q: Can the plaintiff ask for their case to be cleared or thrown out due to many inefficiencies and errors in Affidavit?

Meaning since the initial preliminary hearing petitions, depositions, and legally submitted documents that the court clerk allowed. Had the plaintiffs name incorrectly spelled for more then for almost 2 years. Also, the children in question that were twins, there birthdays were constantly... View More

Philip Spradling
Philip Spradling
answered on Dec 19, 2024

In theory, yes, you can file a motion to dismiss, perhaps for failure to state a claim or lack of jurisdiction over the parties due to errors in their names. You could also try a motion for summary judgment, showing that the pleadings are factually wrong.

But faced with the sort of...
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1 Answer | Asked in Divorce and Family Law for Nevada on
Q: I married my husband in two states NV and NY,a month apart. Do I need to divorce in both states or just one of the two
Philip Spradling
Philip Spradling
answered on Dec 12, 2024

A marriage in one state is given 'full faith and credit' in all other states. The same goes for divorces: a divorce in one state is recognized in all other states.

You need to get divorced in the state in which either you or your husband currently resides: this may be neither...
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1 Answer | Asked in Divorce and Family Law for Nevada on
Q: A NV sheriff has divorce papers from NY where my husband lives.What happens if I don't accept them?

I don't want to make this easy for him. What he did to me is beyond belief after 24 years of marriage. I would Iike to know my options .

Philip Spradling
Philip Spradling
answered on Dec 12, 2024

Proper service does not require 'acceptance.' If the papers are handed to you or otherwise placed into your knowing possession, then you have been served. Service can also be made by giving the papers to an adult staying at your home. In Nevada, service can even be made to a guard in a... View More

3 Answers | Asked in Family Law, Adoption, Child Custody and Civil Rights for Nevada on
Q: If you were me what would you do?

How can I challenge the legality of the adoption of my son?

Which was finalized in Washoe County without proper notice or due process, despite my role as his primary caregiver?

How can I seek to vacate the adoption order based on procedural irregularities, fraud, and... View More

Philip Spradling
Philip Spradling
answered on Dec 8, 2024

Before an adoption there is usually a Termination of Parental Rights (TPR) of the existing parent(s). Very likely what you are seeking to do is reverse the TPR order. How you would do this depends on the circumstances. If you were unaware of the hearing and did not attend, or there was a reason... View More

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1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Tax Law for Nevada on
Q: If the power attorney doesn't have your best interest in hand Also just spending the agents money on whatever he wants.

What kind of legal steps can the agent take for abuse , theft imprisonment in the home

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answered on Nov 30, 2024

The Principal needs to revoke the POA with notice to any banks involved, etc. Sometimes you record the revocation in the county where property lies. Principal should hire an attorney to sue the former attorney-in-fact/agent for breach of fiduciary duties, conversion, etc.

1 Answer | 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,

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answered on Nov 25, 2024

Usually, it is advisable to pay off the child support debt in case your application for a passport is denied due to arrears of child support. This will help to have your name deleted from the list of persons denied a passport. The United States Department of State says those who are in arrears on... View More

1 Answer | 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

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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," or you earn much more than your spouse, most judges defer the request until trial. At trial, the judge... View More

2 Answers | 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
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answered on Nov 25, 2024

Every case is unique; so, it is advisable to seek legal advice to know how child support rules apply to your particular circumstances. Generally speaking, coordination among the several states participating in collecting child support for the same case guarantees proper direction of payments.... View More

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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

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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

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