2001 REGULAR SESSION (71st) A AB37 502
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, page 1, by deleting line 4 and inserting:
“(a) “Gross annual income” means the total amount of income earned each year from any source of a wage-earning employee 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) “Gross monthly income” means the total amount of income earned each month from”.
Amend section 1, page 1, line 10, by deleting “(b)” and inserting “[(b)] (c)”.
Amend section 1, page 1, line 17, by deleting “$785” and inserting:
“the maximum amount set forth for the parent in subsection 2”.
Amend section 1, page 2, line 1, after “2.” by inserting:
“For the purposes of paragraph (c) of subsection 1, the maximum amount per month per child for an obligation for support, as adjusted pursuant to subsection 3, is:
MAXIMUM AMOUNT
INCOME RANGE The Maximum Amount the Parent
If the Parent’s Gross Annual But Not May Be Required to Pay Pursuant
Income is Over Over to Paragraph (c) of Subsection 1 Is
$0 - $50,000 $500
50,000 - 75,000 550
75,000 - 100,000 600
100,000 - 125,000 650
125,000 - 150,000 700
150,000 - 175,000 750
FLUSH
If a parent’s gross annual
income is more than $175,000, the maximum amount the parent may be required to
pay pursuant to paragraph (c) 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 January 1 for each calendar year in an 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 or before December 15 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 in effect beginning on January 1 of the succeeding calendar year and notify each district court of the adjusted amounts.
4. A court may provide in its order that a parent is required to pay the maximum amount for an obligation for support as determined pursuant to subsections 1 and 2 and increased each year pursuant to subsection 3. If the court issues such an order, it shall provide in the order the current amount that the parent is required to pay through the end of the calendar year and require the parent to contact the court before January 1 of each subsequent calendar year to determine the amount of his obligation for support for each subsequent year.
5.”.
Amend the bill as a whole by adding a new section designated sec. 2, following section 1, to read as follows:
“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 annual income or 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 subsections 3 and 4 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 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.”.
Amend the title of the bill to read as follows:
“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.”.
Amend the summary of the bill to read as follows: