Assembly Bill No. 37–Committee on Judiciary
CHAPTER..........
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 125B.070 is hereby amended to read as follows:
125B.070 1. As used in this section and NRS 125B.080, unless the
context otherwise requires:
(a) “Gross monthly income” means the total amount of income received
each month from any source of a [wage-earning employee] person who is
not self-employed or the gross income from any source of a self-employed
person, after deduction of all legitimate business expenses, but without
deduction for personal income taxes, contributions for retirement benefits,
contributions to a pension or for any other personal expenses.
(b) “Obligation for support” means the sum certain dollar amount
determined according to the following schedule:
(1) For one child, 18 percent;
(2) For two children, 25 percent;
(3) For three children, 29 percent;
(4) For four children, 31 percent; and
(5) For each additional child, an additional 2 percent,
of a parent’s gross monthly income, but not more than [$500] the
presumptive maximum amount per month per child set forth for the
parent in subsection 2 for an obligation for support determined pursuant
to subparagraphs (1) to (4), inclusive, unless the court sets forth findings
of fact as to the basis for a different amount pursuant to subsection 6 of
NRS 125B.080.
2. [On or before January 18, 1993, and on or before the third Monday
in January every 4 years thereafter, the State Bar of Nevada shall review
the formulas set forth in this section to determine whether any
modifications are advisable and report to the legislature their findings and
any proposed amendments.] For the purposes of paragraph (b) of
subsection 1, the presumptive maximum amount per month per child for
an obligation for support, as adjusted pursuant to subsection 3, is:
PRESUMPTIVE MAXIMUM AMOUNT
The Presumptive Maximum Amount the
INCOME RANGE Parent May Be Required To Pay
If the Parent’s GrossBut NotPer Month Per Child Pursuant to
Monthly Income is At Least Greater ThanParagraph (b) of Subsection 1 Is
$0 - $4,167 $500
4,168 - 6,250 550
6,251 - 8,333 600
8,334 - 10,417 650
10,418 - 12,500 700
12,501 - 14,583 750
If a parent’s gross monthly income is greater than $14,583, the
presumptive maximum amount the parent may be required to pay
pursuant to paragraph (b) of subsection 1 is $800.
3. The amounts set forth in subsection 2 for each income range and
the corresponding amount of the obligation for support must be adjusted
on July 1 of each year for the fiscal year beginning that day and ending
June 30 in a rounded dollar amount corresponding to the percentage of
increase or decrease in the Consumer Price Index (All Items) published
by the United States Department of Labor for the preceding calendar
year. On April 1 of each year, the office of court administrator shall
determine the amount of the increase or decrease required by this
subsection, establish the adjusted amounts to take effect on July 1 of
that year and notify each district court of the adjusted amounts.
4. As used in this section, “office of court administrator” means the
office of court administrator created pursuant to NRS 1.320.
Sec. 2. NRS 125B.080 is hereby amended to read as follows:
125B.080 Except as otherwise provided in NRS 425.450:
1. A court of this state shall apply the appropriate formula set forth in
[paragraph (b) of subsection 1 of] NRS 125B.070 to:
(a) Determine the required support in any case involving the support of
children.
(b) Any request filed after July 1, 1987, to change the amount of the
required support of children.
2. If the parties agree as to the amount of support required, the parties
shall certify that the amount of support is consistent with the appropriate
formula set forth in [paragraph (b) of subsection 1 of] NRS 125B.070. If
the amount of support deviates from the formula, the parties must stipulate
sufficient facts in accordance with subsection 9 which justify the deviation
to the court, and the court shall make a written finding thereon. Any
inaccuracy or falsification of financial information which results in an
inappropriate award of support is grounds for a motion to modify or adjust
the award.
3. If the parties disagree as to the amount of the gross monthly income
of either party, the court shall determine the amount and may direct either
party to furnish financial information or other records, including income
tax returns for the preceding 3 years. Once a court has established an
obligation for support by reference to a formula set forth in [paragraph (b)
of subsection 1 of] NRS 125B.070, any subsequent modification or
adjustment of that support, except for any modification or adjustment
made pursuant to subsection 3 of NRS 125B.070 or NRS 425.450 or as a
result of a review conducted pursuant to subsection 1 of NRS 125B.145,
must be based upon changed circumstances.
4. Notwithstanding the formulas set forth in [paragraph (b) of
subsection 1 of] NRS 125B.070, the minimum amount of support that may
be awarded by a court in any case is $100 per month per child, unless the
court makes a written finding that the obligor is unable to pay the
minimum amount. Willful underemployment or unemployment is not a
sufficient cause to deviate from the awarding of at least the minimum
amount.
5. It is presumed that the basic needs of a child are met by the formulas
set forth in [paragraph (b) of subsection 1 of] NRS 125B.070. This
presumption may be rebutted by evidence proving that the needs of a
particular child are not met by the applicable formula.
6. If the amount of the awarded support for a child is greater or less
than the amount which would be established under the applicable formula,
the court shall:
(a) Set forth findings of fact as to the basis for the deviation from the
formula; and
(b) Provide in the findings of fact the amount of support that would
have been established under the applicable formula.
7. Expenses for health care which are not reimbursed, including
expenses for medical, surgical, dental, orthodontic and optical expenses,
must be borne equally by both parents in the absence of extraordinary
circumstances.
8. If a parent who has an obligation for support is willfully
underemployed or unemployed to avoid an obligation for support of a
child, that obligation must be based upon the parent’s true potential
earning capacity.
9. The court shall consider the following factors when adjusting the
amount of support of a child upon specific findings of fact:
(a) The cost of health insurance;
(b) The cost of child care;
(c) Any special educational needs of the child;
(d) The age of the child;
(e) The legal responsibility of the parents for the support of others;
(f) The value of services contributed by either parent;
(g) Any public assistance paid to support the child;
(h) Any expenses reasonably related to the mother’s pregnancy and
confinement;
(i) The cost of transportation of the child to and from visitation if the
custodial parent moved with the child from the jurisdiction of the court
which ordered the support and the noncustodial parent remained;
(j) The amount of time the child spends with each parent;
(k) Any other necessary expenses for the benefit of the child; and
(l) The relative income of both parents.
Sec. 3. This act becomes effective on April 1, 2002, for the purpose of
allowing the office of court administrator to adjust the presumptive
maximum amount per month per child for an obligation for support
pursuant to subsection 3 of NRS 125B.070, as amended by this act, and on
July 1, 2002, for all other purposes.
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