(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 37–Committee on Judiciary

 

Prefiled January 25, 2001

 

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions governing maximum monthly amount that certain parents may be required to pay for support of their children. (BDR 11‑1051)

 

FISCAL NOTE:  Effect on Local Government: No.

                             Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to child support; increasing the maximum monthly amount that certain parents may be required to pay for support of a child; requiring the office of court administrator to adjust annually the amount of such payments based on the consumer price index; authorizing the court to order a parent to pay the maximum amount for an obligation for support of a child as adjusted annually by the office of court administrator; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 125B.070 is hereby amended to read as follows:

1-2    125B.070  1.  As used in this section and NRS 125B.080, unless the

1-3  context otherwise requires:

1-4    (a) “Gross annual income” means the total amount of income earned

1-5  each year from any source of a wage-earning employee or the gross

1-6  income from any source of a self-employed person, after deduction of all

1-7  legitimate business expenses, but without deduction for personal income

1-8  taxes, contributions for retirement benefits, contributions to a pension or

1-9  for any other personal expenses.

1-10  (b) “Gross monthly income” means the total amount of income earned

1-11  each month from any source of a wage-earning employee or the gross

1-12  income from any source of a self-employed person, after deduction of all

1-13  legitimate business expenses, but without deduction for personal income

1-14  taxes, contributions for retirement benefits, contributions to a pension or

1-15  for any other personal expenses.

1-16    [(b)] (c) “Obligation for support” means the amount determined

1-17  according to the following schedule:

1-18      (1) For one child, 18 percent;

1-19      (2) For two children, 25 percent;

2-1       (3) For three children, 29 percent;

2-2       (4) For four children, 31 percent; and

2-3       (5) For each additional child, an additional 2 percent,

2-4  of a parent’s gross monthly income, but not more than [$500] the

2-5  maximum amount set forth for the parent in subsection 2 per month per

2-6  child for an obligation for support determined pursuant to subparagraphs

2-7  (1) to (4), inclusive, unless the court sets forth findings of fact as to the

2-8  basis for a different amount pursuant to subsection 6 of NRS 125B.080.

2-9  2.  For the purposes of paragraph (c) of subsection 1, the maximum

2-10  amount per month per child for an obligation for support, as adjusted

2-11  pursuant to subsection 3, is:

 

2-12                                         MAXIMUM AMOUNT

2-13                                  The Maximum Amount the

2-14                                      Parent May Be Required

2-15  INCOME RANGE                to Pay Pursuant to

2-16  If the Parent’s GrossBut Not     Paragraph (c) of

2-17  Annual Income is Over                     Over  Subsection 1 Is

 

2-18          $0          -   $50,000                    $500

2-19  50,000          -     75,000                      550

2-20  75,000          -   100,000                      600

2-21  100,000         -   125,000                      650

2-22  125,000         -   150,000                      700

2-23  150,000         -   175,000                      750

 

2-24  If a parent’s gross annual income is more than $175,000, the maximum

2-25  amount the parent may be required to pay pursuant to paragraph (c) of

2-26  subsection 1 is $800.

2-27      3.  The amounts set forth in subsection 2 for each income range and

2-28  the corresponding amount of the obligation for support must be adjusted

2-29  on January 1 for each calendar year in an amount corresponding to the

2-30  percentage of increase or decrease in the Consumer Price Index (All

2-31  Items) published by the United States Department of Labor for the

2-32  preceding calendar year. On or before December 15 of each year, the

2-33  office of court administrator shall determine the amount of the increase

2-34  or decrease required by this subsection, establish the adjusted amounts in

2-35  effect beginning on January 1 of the succeeding calendar year and notify

2-36  each district court of the adjusted amounts.

2-37      4.  A court may provide in its order that a parent is required to pay

2-38  the maximum amount for an obligation for support as determined

2-39  pursuant to subsections 1 and 2 and increased each year pursuant to

2-40  subsection 3. If the court issues such an order, it shall provide in the

2-41  order the current amount that the parent is required to pay through the

2-42  end of the calendar year and require the parent to contact the court

2-43  before January 1 of each subsequent calendar year to determine the

2-44  amount of his obligation for support for each subsequent year.

2-45    5.  On or before January 18, 1993, and on or before the third Monday

2-46  in January every 4 years thereafter, the State Bar of Nevada shall review

3-1  the formulas set forth in this section to determine whether any

3-2  modifications are advisable and report to the legislature their findings and

3-3  any proposed amendments.

3-4    Sec. 2.  NRS 125B.080 is hereby amended to read as follows:

3-5    125B.080  Except as otherwise provided in NRS 425.450:

3-6    1.  A court of this state shall apply the appropriate formula set forth in

3-7  [paragraph (b) of subsection 1 of] NRS 125B.070 to:

3-8    (a) Determine the required support in any case involving the support of

3-9  children.

3-10  (b) Any request filed after July 1, 1987, to change the amount of the

3-11  required support of children.

3-12  2.  If the parties agree as to the amount of support required, the parties

3-13  shall certify that the amount of support is consistent with the appropriate

3-14  formula set forth in [paragraph (b) of subsection 1 of] NRS 125B.070. If

3-15  the amount of support deviates from the formula, the parties must stipulate

3-16  sufficient facts in accordance with subsection 9 which justify the deviation

3-17  to the court, and the court shall make a written finding thereon. Any

3-18  inaccuracy or falsification of financial information which results in an

3-19  inappropriate award of support is grounds for a motion to modify or adjust

3-20  the award.

3-21  3.  If the parties disagree as to the amount of the gross annual income

3-22  or gross monthly income of either party, the court shall determine the

3-23  amount and may direct either party to furnish financial information or other

3-24  records, including income tax returns for the preceding 3 years. Once a

3-25  court has established an obligation for support by reference to a formula set

3-26  forth in [paragraph (b) of subsection 1 of] NRS 125B.070, any subsequent

3-27  modification or adjustment of that support, except for any modification or

3-28  adjustment made pursuant to subsections 3 and 4 of NRS 125B.070 or

3-29  NRS 425.450 or as a result of a review conducted pursuant to subsection 1

3-30  of NRS 125B.145, must be based upon changed circumstances.

3-31  4.  Notwithstanding the formulas set forth in [paragraph (b) of

3-32  subsection 1 of] NRS 125B.070, the minimum amount of support that may

3-33  be awarded by a court in any case is $100 per month per child, unless the

3-34  court makes a written finding that the obligor is unable to pay the

3-35  minimum amount. Willful underemployment or unemployment is not a

3-36  sufficient cause to deviate from the awarding of at least the minimum

3-37  amount.

3-38  5.  It is presumed that the basic needs of a child are met by the formulas

3-39  set forth in [paragraph (b) of subsection 1 of] NRS 125B.070. This

3-40  presumption may be rebutted by evidence proving that the needs of a

3-41  particular child are not met by the applicable formula.

3-42  6.  If the amount of the awarded support for a child is greater or less

3-43  than the amount which would be established under the applicable formula,

3-44  the court shall:

3-45  (a) Set forth findings of fact as to the basis for the deviation from the

3-46  formula; and

3-47  (b) Provide in the findings of fact the amount of support that would

3-48  have been established under the applicable formula.

4-1    7.  Expenses for health care which are not reimbursed, including

4-2  expenses for medical, surgical, dental, orthodontic and optical expenses,

4-3  must be borne equally by both parents in the absence of extraordinary

4-4  circumstances.

4-5    8.  If a parent who has an obligation for support is willfully

4-6  underemployed or unemployed to avoid an obligation for support of a

4-7  child, that obligation must be based upon the parent’s true potential earning

4-8  capacity.

4-9    9.  The court shall consider the following factors when adjusting the

4-10  amount of support of a child upon specific findings of fact:

4-11  (a) The cost of health insurance;

4-12  (b) The cost of child care;

4-13  (c) Any special educational needs of the child;

4-14  (d) The age of the child;

4-15  (e) The responsibility of the parents for the support of others;

4-16  (f) The value of services contributed by either parent;

4-17  (g) Any public assistance paid to support the child;

4-18  (h) Any expenses reasonably related to the mother’s pregnancy and

4-19  confinement;

4-20  (i) The cost of transportation of the child to and from visitation if the

4-21  custodial parent moved with the child from the jurisdiction of the court

4-22  which ordered the support and the noncustodial parent remained;

4-23  (j) The amount of time the child spends with each parent;

4-24  (k) Any other necessary expenses for the benefit of the child; and

4-25  (l) The relative income of both parents.

 

4-26  H