EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. NRS 125B.080 is hereby amended to read as follows:

1-2 125B.080 Except as otherwise provided in this section and NRS

2-1 3. If the parties disagree as to the amount of the gross monthly income

2-2 of either party, the court shall determine the amount and may direct either

2-3 party to furnish financial information or other records, including income tax

2-4 returns for the preceding 3 years. Once a court has established an obligation

2-5 for support by reference to [a] the appropriate formula set forth in

2-6 paragraph (b) of subsection 1 of NRS 125B.070 [,] or by deviation from

2-7 the appropriate formula in accordance with subsection 5, any subsequent

2-8 modification or adjustment of that support, except for any modification or

2-9 adjustment made pursuant to NRS 425.450 or as a result of a review

2-10 conducted pursuant to subsection 1 of NRS 125B.145, must be based upon

2-11 changed circumstances.

2-12 4. Notwithstanding the formulas set forth in paragraph (b) of

2-13 subsection 1 of NRS 125B.070, the minimum amount of support that may

2-14 be awarded by a court in any case is $100 per month per child, unless the

2-15 court makes a written finding that the obligor is unable to pay the minimum

2-16 amount. Willful underemployment or unemployment is not a sufficient

2-17 cause to deviate from the awarding of at least the minimum amount.

2-18 5. It is presumed that the basic needs of a child are met by the formulas

2-19 set forth in paragraph (b) of subsection 1 of NRS 125B.070. [This

2-20 presumption may be rebutted by evidence proving that the] The court may

2-21 deviate from the formulas set forth in paragraph (b) of subsection 1 of

2-22 NRS 125B.070 if, based upon the evidence in the record, the court

2-23 determines that:

2-24 (a) The needs of a particular child are not met by the [applicable

2-25 formula.] appropriate formula;

2-26 (b) The obligor is responsible, pursuant to another order of support

2-27 entered in an unrelated proceeding, for the support of:

2-28 (1) Another child; or

2-29 (2) A former spouse who is not the parent of any child subject to the

2-30 current proceeding for support,

2-31 and an award of support in accordance with the appropriate formula

2-32 would adversely affect the ability of the obligor to pay any of those other

2-33 obligations; or

2-34 (c) Based upon one or more of the following factors, a deviation from

2-35 the appropriate formula is necessary to establish a just and equitable

2-36 award of support:

2-37 (1) The cost of health insurance.

2-38 (2) The cost of child care.

2-39 (3) Any special educational needs of the child.

2-40 (4) The age of the child.

2-41 (5) The responsibility of the parents for the support of others.

2-42 (6) The value of services contributed by either parent.

2-43 (7) Any public assistance paid to support the child.

3-1 (8) Any expenses reasonably related to the mother’s pregnancy and

3-2 confinement.

3-3 (9) The cost of transportation of the child to and from visitation if

3-4 the custodial parent moved with the child from the jurisdiction of the

3-5 court which ordered the support and the noncustodial parent remained.

3-6 (10) The amount of time the child spends with each parent.

3-7 (11) Any other necessary expenses for the benefit of the child.

3-8 (12) The relative income of both parents.

3-9 6. If the amount of the awarded support for a child is greater or less

3-10 than the amount which would be established under the [applicable]

3-11 appropriate formula, the court shall:

3-12 (a) Set forth findings of fact as to the basis for the deviation from the

3-13 formula; and

3-14 (b) Provide in the findings of fact the amount of support that would have

3-15 been established under the [applicable] appropriate formula.

3-16 7. Expenses for health care which are not reimbursed, including

3-17 expenses for medical, surgical, dental, orthodontic and optical expenses,

3-18 must be borne equally by both parents in the absence of extraordinary

3-19 circumstances.

3-20 8. If a parent who has an obligation for support is willfully

3-21 underemployed or unemployed to avoid an obligation for support of a

3-22 child, that obligation must be based upon the parent’s true potential earning

3-23 capacity.

3-24 [9. The court shall consider the following factors when adjusting the

3-25 amount of support of a child upon specific findings of fact:

3-26 (a) The cost of health insurance;

3-27 (b) The cost of child care;

3-28 (c) Any special educational needs of the child;

3-29 (d) The age of the child;

3-30 (e) The responsibility of the parents for the support of others;

3-31 (f) The value of services contributed by either parent;

3-32 (g) Any public assistance paid to support the child;

3-33 (h) Any expenses reasonably related to the mother’s pregnancy and

3-34 confinement;

3-35 (i) The cost of transportation of the child to and from visitation if the

3-36 custodial parent moved with the child from the jurisdiction of the court

3-37 which ordered the support and the noncustodial parent remained;

3-38 (j) The amount of time the child spends with each parent;

3-39 (k) Any other necessary expenses for the benefit of the child; and

3-40 (l) The relative income of both parents.]

4-1 Sec. 2. The amendatory provisions of this act do not apply to any

4-2 order for support that became final before October 1, 1999, unless such an

4-3 order is subject to modification by the court based upon changed

4-4 circumstances other than the enactment of this act.