(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 37–Committee on Judiciary

 

Prefiled January 25, 2001

 

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions governing presumptive 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.

 

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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 presumptive 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; 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 monthly income” means the total amount of income received

1-5  each month from any source of a [wage-earning employee] person who is

1-6  not self-employed or the gross income from any source of a self-employed

1-7  person, after deduction of all legitimate business expenses, but without

1-8  deduction for personal income taxes, contributions for retirement benefits,

1-9  contributions to a pension or for any other personal expenses.

1-10    (b) “Obligation for support” means the sum certain dollar amount

1-11  determined according to the following schedule:

1-12      (1) For one child, 18 percent;

1-13      (2) For two children, 25 percent;

1-14      (3) For three children, 29 percent;

1-15      (4) For four children, 31 percent; and

1-16      (5) For each additional child, an additional 2 percent,

1-17  of a parent’s gross monthly income, but not more than [$500] the

1-18  presumptive maximum amount per month per child set forth for the

1-19  parent in subsection 2 for an obligation for support determined pursuant to

1-20  subparagraphs (1) to (4), inclusive, unless the court sets forth findings of

2-1  fact as to the basis for a different amount pursuant to subsection 6 of NRS

2-2  125B.080.

2-3    2.  [On or before January 18, 1993, and on or before the third Monday

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

2-5  the formulas set forth in this section to determine whether any

2-6  modifications are advisable and report to the legislature their findings and

2-7  any proposed amendments.] For the purposes of paragraph (b) of

2-8  subsection 1, the presumptive maximum amount per month per child for

2-9  an obligation for support, as adjusted pursuant to subsection 3, is:

 

2-10  PRESUMPTIVE MAXIMUM AMOUNT

2-11                                                          The Presumptive Maximum Amount the

2-12  INCOME RANGE            Parent May Be Required To Pay

2-13  If the Parent’s Gross  But Not       Per Month Per Child Pursuant to

2-14  Monthly Income is At Least    Greater ThanParagraph (b) of Subsection 1 Is

 

2-15          $0          -     $4,167   $500

2-16     4,168          -       6,250     550

2-17     6,251          -       8,333     600

2-18     8,334          -     10,417     650

2-19  10,418          -     12,500     700

2-20  12,501          -     14,583     750

 

2-21  If a parent’s gross monthly income is greater than $14,583, the

2-22  presumptive maximum amount the parent may be required to pay

2-23  pursuant to paragraph (b) of subsection 1 is $800.

2-24    3.  The amounts set forth in subsection 2 for each income range and

2-25  the corresponding amount of the obligation for support must be adjusted

2-26  on July 1 of each year for the fiscal year beginning that day and ending

2-27  June 30 in a rounded dollar amount corresponding to the percentage of

2-28  increase or decrease in the Consumer Price Index (All Items) published

2-29  by the United States Department of Labor for the preceding calendar

2-30  year. On April 1 of each year, the office of court administrator shall

2-31  determine the amount of the increase or decrease required by this

2-32  subsection, establish the adjusted amounts to take effect on July 1 of that

2-33  year and notify each district court of the adjusted amounts.

2-34    4.  As used in this section, “office of court administrator” means the

2-35  office of court administrator created pursuant to NRS 1.320.

2-36    Sec. 2.  NRS 125B.080 is hereby amended to read as follows:

2-37    125B.080  Except as otherwise provided in NRS 425.450:

2-38    1.  A court of this state shall apply the appropriate formula set forth in

2-39  [paragraph (b) of subsection 1 of] NRS 125B.070 to:

2-40    (a) Determine the required support in any case involving the support of

2-41  children.

2-42    (b) Any request filed after July 1, 1987, to change the amount of the

2-43  required support of children.

2-44    2.  If the parties agree as to the amount of support required, the parties

2-45  shall certify that the amount of support is consistent with the appropriate

2-46  formula set forth in [paragraph (b) of subsection 1 of] NRS 125B.070. If

3-1  the amount of support deviates from the formula, the parties must stipulate

3-2  sufficient facts in accordance with subsection 9 which justify the deviation

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

3-4  inaccuracy or falsification of financial information which results in an

3-5  inappropriate award of support is grounds for a motion to modify or adjust

3-6  the award.

3-7    3.  If the parties disagree as to the amount of the gross monthly income

3-8  of either party, the court shall determine the amount and may direct either

3-9  party to furnish financial information or other records, including income

3-10  tax returns for the preceding 3 years. Once a court has established an

3-11  obligation for support by reference to a formula set forth in [paragraph (b)

3-12  of subsection 1 of] NRS 125B.070, any subsequent modification or

3-13  adjustment of that support, except for any modification or adjustment made

3-14  pursuant to subsection 3 of NRS 125B.070 or NRS 425.450 or as a result

3-15  of a review conducted pursuant to subsection 1 of NRS 125B.145, must be

3-16  based upon changed circumstances.

3-17    4.  Notwithstanding the formulas set forth in [paragraph (b) of

3-18  subsection 1 of] NRS 125B.070, the minimum amount of support that may

3-19  be awarded by a court in any case is $100 per month per child, unless the

3-20  court makes a written finding that the obligor is unable to pay the

3-21  minimum amount. Willful underemployment or unemployment is not a

3-22  sufficient cause to deviate from the awarding of at least the minimum

3-23  amount.

3-24    5.  It is presumed that the basic needs of a child are met by the formulas

3-25  set forth in [paragraph (b) of subsection 1 of] NRS 125B.070. This

3-26  presumption may be rebutted by evidence proving that the needs of a

3-27  particular child are not met by the applicable formula.

3-28    6.  If the amount of the awarded support for a child is greater or less

3-29  than the amount which would be established under the applicable formula,

3-30  the court shall:

3-31    (a) Set forth findings of fact as to the basis for the deviation from the

3-32  formula; and

3-33    (b) Provide in the findings of fact the amount of support that would

3-34  have been established under the applicable formula.

3-35    7.  Expenses for health care which are not reimbursed, including

3-36  expenses for medical, surgical, dental, orthodontic and optical expenses,

3-37  must be borne equally by both parents in the absence of extraordinary

3-38  circumstances.

3-39    8.  If a parent who has an obligation for support is willfully

3-40  underemployed or unemployed to avoid an obligation for support of a

3-41  child, that obligation must be based upon the parent’s true potential earning

3-42  capacity.

3-43    9.  The court shall consider the following factors when adjusting the

3-44  amount of support of a child upon specific findings of fact:

3-45    (a) The cost of health insurance;

3-46    (b) The cost of child care;

3-47    (c) Any special educational needs of the child;

3-48    (d) The age of the child;

3-49    (e) The legal responsibility of the parents for the support of others;

4-1    (f) The value of services contributed by either parent;

4-2    (g) Any public assistance paid to support the child;

4-3    (h) Any expenses reasonably related to the mother’s pregnancy and

4-4  confinement;

4-5    (i) The cost of transportation of the child to and from visitation if the

4-6  custodial parent moved with the child from the jurisdiction of the court

4-7  which ordered the support and the noncustodial parent remained;

4-8    (j) The amount of time the child spends with each parent;

4-9    (k) Any other necessary expenses for the benefit of the child; and

4-10    (l) The relative income of both parents.

4-11    Sec. 3.  This act becomes effective on April 1, 2002, for the purpose of

4-12  allowing the office of court administrator to adjust the presumptive

4-13  maximum amount per month per child for an obligation for support

4-14  pursuant to subsection 3 of NRS 125B.070, as amended by this act, and on

4-15  July 1, 2002, for all other purposes.

 

4-16  H