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Nevada Family Law Questions & Answers
1 Answer | Asked in Child Support, Divorce and Family Law for Nevada on
Q: I am a father of two children under 18 in Nevada (washoe county) and I have a question regarding divorce w/children

My wife and I have been separated for 7 years during that time we have been able to get along and co-parent and have shared 50/50 custody. Without the courts being involved or mediation. We both claim one child on our income taxes we both buy them their necessities we both transport them back and... View More

Rock  Rocheleau
Rock Rocheleau
answered on Jan 8, 2024

Sort of true and sort of not true. In a the divorce documents (called a Joint Petition of Divorce because you agree) you would state what the amount of child support would be. But you can then state you both agree to waive or change this amount.

1 Answer | Asked in Estate Planning and Family Law for Nevada on
Q: Can legally get my inheritance out of a trust if I was named on the bank account

Does it oversee the will and the trust. My brother put my half into a snt during my grieving. And provisions in the will with so many restrictions that I can never touch a penny. And I was named on the account so was the money supposed to go to me or the trust

Anthony M. Avery
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answered on Jan 3, 2024

You will need a NV attorney to contest the execution of the SNT, and have the money converted sent back to you. It will be difficult to set aside the transfer.

1 Answer | Asked in Family Law for Nevada on
Q: I'm turning 18 next month, and am a senior in high school with an IEP, Is it possible for me to move out?

Can I move out at 18 still attending school with an IEP? Basically I will be living with my friend if so.

T. Augustus Claus
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answered on Dec 14, 2023

Yes, in Nevada, you have the legal right to move out at 18, regardless of your IEP status. However, certain considerations come into play, especially regarding your Individualized Education Program (IEP). While being 18 grants you adult status, if your IEP necessitates support you can't... View More

1 Answer | Asked in Family Law for Nevada on
Q: Under NRS 17.130. Can I get interest on funds that were unlawfully seized and just ordered returned

If so, how should I go about that? Should I ask the same judge that ordered the return of funds. Also, can I request fees and costs in this motion as well?

T. Augustus Claus
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answered on Nov 14, 2023

Generally, interest is awarded to compensate the victim of an unlawful seizure for the loss of use of their funds. The amount of interest that is awarded is typically calculated based on the prevailing interest rate during the time that the funds were withheld.

our motion should specify the...
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1 Answer | Asked in Divorce and Family Law for Nevada on
Q: How to know if my husband has filed for a divorce

He not receiving mail at our newly purchased home and all he says is I’m crazy

T. Augustus Claus
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answered on Nov 14, 2023

One way is to contact the clerk of court in the county where you live and ask for a copy of your divorce file. The clerk of court will be able to tell you if your husband has filed for divorce and, if so, when he filed.

1 Answer | Asked in Child Custody, Family Law and Landlord - Tenant for Nevada on
Q: can my parents kick me out during Covid and keep my son?

When I divorced my husband my parents made me and my son move to Las Vegas. They said we could live with them rent free until he turned 18. The judge ordered my husband to give back my car but my mother said I could have hers because she didn’t want to take me to pick up mine. The night before... View More

T. Augustus Claus
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answered on Oct 5, 2023

In Nevada, as in many states, parents cannot forcibly evict an adult child without proper notice. This is typically seen as a landlord-tenant relationship, even if no rent is paid. In relation to your son, if you have full sole custody, your parents generally don't have the right to withhold... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Nevada on
Q: What can I do about court documents on my case that don’t belong to me.
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answered on Oct 4, 2023

In Nevada, if you discover court documents in your case file that don't pertain to you, you should take immediate action. First, ensure you've accurately identified the documents and their irrelevance. Next, contact the court clerk's office to bring the error to their attention. If... View More

1 Answer | Asked in Family Law for Nevada on
Q: I have sole legal and physical custody - do I need consent to travel internationally from family court?

I have sole legal and physical custody of my son. My ex husband didn’t show up to court even though he was served. Since then I’ve been letting him see our child. I want to travel abroad with my son and wanted to know if there’s any kind of legal documentation I can present in addition to my... View More

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answered on Oct 4, 2023

If you have been granted sole legal and physical custody, typically this grants you the right to make major decisions regarding your child without the other parent's consent, which can include traveling abroad. However, when traveling internationally, many countries and airlines require... View More

1 Answer | Asked in Child Support, Child Custody and Family Law for Nevada on
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... View More

John Michael Frick
John Michael Frick
answered on Sep 15, 2023

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... View More

1 Answer | Asked in Land Use & Zoning, Native American Law and Family Law for Nevada on
Q: I own a house with my ex we got a title with both our names, however its on tribal land (not mine) can I get half worth?

I have the title with both our names on it and was wondering if I can get half the worth he kicked us out and wouldn't let us stay made it very toxic so we left. I have been staying in an apartment which becomes expensive when you got everything taken from you. I wanted to go to small claims... View More

James L. Arrasmith
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answered on Sep 21, 2023

Property disputes on tribal land can be complex, and it's crucial to consult with an attorney familiar with tribal law and land rights in your specific jurisdiction. They can provide guidance on your options for seeking a fair division of the property's worth and advise you on the best... View More

1 Answer | Asked in Child Custody and Family Law for Nevada on
Q: I have existing 50/50 custody of my 16 yr old. She doesn’t want to come back right now and her father is encouraging her

My 16yr old doesn’t want to return to my home right now because she doesn’t like the rules or “treatment” (getting phone taken for failing grades and bullying) her father encouraged her to stay with only him as he’s tried 3x for full custody, never won. She is not monitored or corrected... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on Aug 4, 2023

It is true that due to her age she might be granted teen-age discretion. However, if you are able to prove that in spite of her age, being with her father full time is not in her best interest due to lack of supervision, rules, proper discipline and/or guidance, the judge might not award teen-age... View More

1 Answer | Asked in Child Custody and Family Law for Nevada on
Q: Would a Family Court Judge in NV force a 15yo child to visit other parent if the child refuses?

Joint Custody. 15yo child left other parents house 6 mo ago. Has no desire to return.

Bonnie M Lonardo
Bonnie M Lonardo
answered on Jun 28, 2023

the court may listen to the child's wishes and take into consideration the maturity of the child and the child's best interest in making the decision, but the child does not get to make this decision without the court approval.

1 Answer | Asked in Family Law, Child Custody and Child Support for Nevada on
Q: 15 yo child left moms house 6 mths ago and refuses to return. Grounds for father to adjust physical custody and support?

Currently there is 50/50 custody with neither party paying support.

6 months ago child left mothers house. He has no desire to return. Mother called cops on child but they dont have authority to force child to return. Does father have grounds to adjust physical custody to primary and gain... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on Jun 26, 2023

The current Court Order will stand UNTIL one of the parties files for a modification of the order and the Court Grants it.

1 Answer | Asked in Domestic Violence and Family Law for Nevada on
Q: Can a nevada DA in family court file a direct file in child neglect case if I was a victim of dv and skip 72hr hearing

For child removal and go right to assigning lawyer than trial and not allow I or my children's father to speak at not one court hearing except trial for 432.nrs in nv and now approve my lawyer to quit and not assign me any counsel and I fight this on my own.

Todd B. Kotler
Todd B. Kotler
answered on May 15, 2023

Laws can vary depending on your jurisdiction, so it's important to consult with a legal professional who can provide advice based on the specific laws in your area. Based on my experience as an Ohio Attorney, whether you are a victim of DV is separate from the issue of whether or not a DA can... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Nevada on
Q: Defendant to comply with any and all directives from Child Protective Services; No contact with any minors unless approv
Janice Jacovino
Janice Jacovino
answered on Apr 11, 2023

When dealing with protective services is it best to follow their rules.

If you are person who is not allowed contact, you should discuss your case with a lawyer as you may need to file in court to have contact restored and to protect your rights.

Legal Aid of Southern Nevada has...
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1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: what do I do if the opposing party filed a stipulation with family courts that had your signature but you never signed?

So My ex husband has a long history of filing ficticious documents with the washoe county court system and they eat it up every time. My signature was recently forged on a stipulation submitted by him and it was granted by our judge

Janice Jacovino
Janice Jacovino
answered on Apr 11, 2023

You would have to file a Motion to Set Aside the Stipulation and Order with the court stating the same.

You will both have your opportunity to argue your side. If neither of neither of you have proof, him that you signed, and you that you did not, then the judge will may have hard time...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Nevada on
Q: Would child support arrears be affected?

If I were to modify my sons visitation to 50/50 with his dad, and stop future child support payments, would i still be entitled to the arrears that was owed? Or would the arrears be waive because of the modification?

Janice Jacovino
Janice Jacovino
answered on Apr 11, 2023

The arrears are not automatically waived. Just be careful what you sign as they can include a provision to waive them, end all child support obligations, or include some other language that may be interpreted as waiving arrears.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Nevada on
Q: Why do I have to pay child support if I take care of my children I get them everything they need but I can't see them.

He is abusive and won't let me see my children but I provide everything and he doesn't buy them anything because I have already provided it. So why do I still have to pay child support

Bonnie M Lonardo
Bonnie M Lonardo
answered on Mar 20, 2023

Parent's have a responsibility to take care of their children's basic needs, such as housing, food, clothing, entertainment, transportation, etc Child support payments are ordered from the court as a way for parent's to meet the child's basic needs. The receiving parent does... View More

1 Answer | Asked in Family Law, Admiralty / Maritime and Arbitration / Mediation Law for Nevada on
Q: Can Nevada attorneys have a Order Incident to add certain payment amounts to a QDRO.

The defense added what I was to pay (my half) like the QDRO amount I owed, the Mediation amount owed was to be paid from my Money Purchase account. When it was written into the amended divorce decree I explained to my attorney and the defense attorney that the plan would not approve third party... View More

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answered on Mar 15, 2023

In Nevada, an attorney may be able to request an Order Incident to add certain payment amounts to a Qualified Domestic Relations Order (QDRO) if it is in compliance with applicable laws and regulations. The QDRO is a legal document that directs a retirement plan administrator to pay a portion of... View More

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: I came from out of state where I have full custody of my son. Can I leave and go home with him if I've been here for 6mo

I have full custody of my son in Washington, his dad filed to petition for a parenting plan in Nevada since we've been here for 6 months, i don't want to stay, can I leave?

Bonnie M Lonardo
Bonnie M Lonardo
answered on Feb 6, 2023

It appears that the child might have changed residency after being in Nevada for 6 months or more. You might now need to get Dad's permission to relocate or file a motion with the Court.

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