Nevada Child Support Laws: Guidelines and Calculations

Overview of Nevada Child Support Laws

Nevada underwent a major overhaul of its child support system effective February 1, 2020. The state shifted from simple percentage-based statutes to a detailed framework of regulations in Chapter 425 of the Nevada Administrative Code (NAC). Additional refinements in late 2024 clarified several aspects of the law.

The primary statute governing child support obligations is NRS Chapter 125B, which establishes the legal duty of parents to support their children. Under NRS 125B.080, courts must apply the guidelines established by the Administrator of the Division of Welfare and Supportive Services to determine and modify support amounts.

Key changes from the 2020 and 2024 updates include:

• Tiered income brackets replace flat percentages
• No automatic cap on high-income support (the old maximum was eliminated)
• Low-income minimums tied to federal poverty guidelines instead of a fixed $100
• Clear distinction between "base child support obligation" and "total child support obligation"
• Support ends on the first day of the month after the child turns 18 (or graduates high school or turns 19)
• Courts must combine base support and additional costs into one total order

How to Apply for Child Support in Nevada

The Nevada Division of Welfare and Supportive Services (DWSS) administers child support services. The program helps ensure children have financial and medical support from both parents.

Contact information:

• Toll Free: (800) 992-0900
• Northern Nevada: (775) 684-7200
• Southern Nevada: (702) 486-1646
• Email: cse@dwss.nv.gov

Services provided include:

• Locating non-custodial parents
• Establishing paternity
• Establishing and enforcing child support orders
• Modifying orders when circumstances change
• Employment assistance programs for parents willing but unable to pay

You can download the Application for Child Support Services or apply through the DWSS Customer Service Portal.

How Is Child Support Calculated in Nevada?

Nevada's child support formula uses the obligor's (paying parent's) gross monthly income applied to tiered percentage rates. The formula considers different brackets of income, with lower percentages applied to higher income portions.

What Counts as Gross Monthly Income?

Gross monthly income broadly includes nearly all sources of income:

• Wages, salary, and consistent overtime
• Interest and investment income (excluding principal)
• Social Security benefits (disability or retirement)
• Pension and annuity payments
• Workers' compensation and personal injury awards for lost wages
• Unemployment insurance benefits
• Military allowances and veterans' benefits
• Voluntary retirement contributions (401k deductions are added back)
• Undistributed business profits if the party controls the entity
• Alimony received from another party

Income sources excluded from the calculation:

• Child support received for other children
• Foster care or kinship care payments
• SNAP benefits (food stamps)
• TANF and other public assistance
• Supplemental Security Income (SSI)
• Personal injury awards for pain and suffering (non-wage compensation)

Imputed Income for Unemployed or Underemployed Parents

If a court determines that a parent is unemployed or underemployed without good cause, it may impute income to that parent under NAC 425.125. The 2020 regulations dropped the old requirement of proving a parent was unemployed "for the purpose of avoiding child support." Now, courts consider the parent's earning potential, work history, job opportunities, and assets.

Incarceration or involuntary institutionalization cannot be treated as voluntary unemployment, and income cannot be imputed to an incarcerated parent under NAC 425.155.

The Tiered Percentage Formula

Under NAC 425.140, child support is calculated using tiered percentages applied to the obligor's gross monthly income:

Income Bracket	1 Child	2 Children	3 Children	4 Children
First $6,000	16%	22%	26%	28%
$6,001 to $10,000	8%	11%	13%	14%
Above $10,000	4%	6%	6%	7%

For five or more children, add 2% to the first bracket, 1% to the second, and 0.5% to the top bracket for each additional child beyond four.

Example Calculation: Two Children

If a parent earns $8,000 per month and has two children:

• First $6,000 x 22% = $1,320
• Remaining $2,000 x 11% = $220
• Total base support = $1,540 per month

Example Calculation: One Child, Higher Income

If a parent earns $15,000 per month and has one child:

• First $6,000 x 16% = $960
• Next $4,000 ($6,001 to $10,000) x 8% = $320
• Remaining $5,000 (above $10,000) x 4% = $200
• Total base support = $1,480 per month

Additional Costs Beyond Base Support

Beyond the base support amount, orders must also address:

• Medical support: Health insurance costs divided equitably between parents
• Child care expenses: Work-related daycare costs allocated fairly between parents

The 2024 updates require courts to combine base support and these additional costs into a single total support order. This change prevents confusion about what a parent owes each month.

Use the Nevada Child Support Guidelines Calculator to estimate support obligations.

Low-Income Adjustments

Under NAC 425.145, if a court determines that an obligor's economic circumstances limit the ability to pay the standard amount, it must use a low-income schedule based on the current federal poverty guidelines. The Administrative Office of the Courts publishes this low-income schedule annually.

For parents earning below the lowest level on the low-income schedule, the court may set an appropriate support obligation based on the parent's total economic circumstances, balancing their need for self-support with the obligation to support their child.

Joint and Split Custody Adjustments

Joint Physical Custody

When parents share custody with each having at least 40% of parenting time (at least 146 overnights per year), Nevada uses an offset approach:

• Calculate what each parent would owe if the other had primary custody
• Offset the two amounts
• The higher earner pays the difference to the lower earner

This approach was established in Rivero v. Rivero (2009) and continues under current regulations. Primary custody means one parent has the child for more than 60% of the year (more than 219 nights).

Split Custody

When each parent has primary custody of at least one child, the same offset method applies. Calculate each parent's obligation for the children in the other's custody, then offset the amounts.

Deviation Factors

Under NAC 425.150, courts may adjust child support based on specific findings of fact, including:

• Special educational needs of the child
• Legal responsibility of the parents to support others
• The value of services contributed by either parent
• Cost of transportation for visitation
• Relative income of both households
• The obligor's ability to pay
• Any other necessary expenses for the benefit of the child

If a parent receives federal disability or old-age insurance benefits, the court may subtract the child's derivative benefit (under 42 U.S.C. Section 402(d)) from the obligor's support obligation.

Recent Case Law: Travel Costs

In Martinez v. Martinez (November 2024), the Nevada Supreme Court held that transportation costs for visitation must be factored into the child support calculation, not ordered separately. If you incur significant travel expenses for parenting time, these should adjust your support amount under NAC 425.150.

How to Modify Child Support in Nevada

Parents can request a review of their child support order under NRS 125B.145:

• Every three years without showing changed circumstances
• At any time with a 20% or greater change in income or other material change in circumstances

To request modification:

• Northern Nevada: (775) 684-7200
• Southern Nevada: (702) 486-1646
• Download modification forms from Nevada Courts Self-Help Center

The review process may take up to 180 days. Modifications only apply from the date the request is filed forward. Courts cannot retroactively reduce support that has already accrued.

When Modification Is Not Allowed

Under NRS 125B.140, once a child support payment becomes due, it becomes a judgment by operation of law. That judgment cannot be retroactively modified or reduced, even if circumstances change later. This means filing promptly after a change in circumstances is critical.

Child Support Enforcement in Nevada

Nevada's Child Support Enforcement (CSE) program uses multiple collection tools under NRS Chapter 31A:

• Income withholding: Garnishment from wages, unemployment benefits, Social Security, military pay, and other income
• License suspension: Driver's, professional, and recreational licenses
• Tax return interception: State, local, and federal refunds
• Credit bureau reporting: Impacts credit score, mortgage eligibility, and financing
• Bank account garnishment: Seizure of funds from financial accounts
• Passport denial: For arrears exceeding $2,500 (federal requirement)
• Contempt of court: Judicial enforcement for willful non-payment
• Property liens: Against real and personal property under NRS 125B.135

Criminal Penalties Under NRS 201.020

In Nevada, knowingly failing to pay court-ordered child support is a criminal offense under NRS 201.020:

• Misdemeanor: Up to 6 months in jail, a fine up to $1,000, or both
• Category C felony: Applies when arrearages total $10,000 or more, or when it is a second or subsequent violation with arrearages of $5,000 or more. Punishable by 1 to 5 years in prison, a fine up to $10,000, or both

The prosecution must prove the parent knowingly and willfully failed to pay. An affirmative defense exists if the parent can demonstrate a genuine inability to pay.

Federal charges under the Deadbeat Parents Punishment Act (18 U.S.C. Section 228) may also apply if the child lives in another state.

Interest on Arrears

Unpaid child support accrues interest at Nevada's statutory judgment rate. This rate equals the prime rate at the largest bank in Nevada (as determined by the Commissioner of Financial Institutions on January 1 or July 1) plus 2%, adjusted semiannually. As a reference point, the rate was 10.5% per annum as of July 2024.

When Does Child Support End in Nevada?

Under the 2024 regulatory updates, child support ends on the first day of the month immediately following when the child:

• Turns 18 years old, OR
• Graduates high school or turns 19, whichever comes first (if still enrolled in high school at age 18)

Support for Children With Disabilities

Under NRS 125B.110, a parent must continue supporting a child with a handicap beyond the age of majority if the handicap occurred before the child turned 18. The obligation continues until the child is no longer handicapped or becomes self-supporting.

The statute defines "handicap" as an inability to engage in any substantial gainful activity due to a medically determinable physical or mental impairment that is expected to result in death or has lasted (or is expected to last) for at least 12 continuous months. A child is considered self-supporting if they receive public assistance sufficient to meet their needs.

Emancipation

Minors seeking emancipation must demonstrate:

• Parental or guardian consent
• Financial self-sufficiency
• Maturity to handle adult responsibilities
• That emancipation is in their best interests

Download emancipation forms by county.

Termination of Parental Rights

Voluntary termination typically only occurs when deemed in the child's best interests, such as when the child is being adopted by a stepparent. Grounds for involuntary termination include abandonment, parental unfitness, or risk of serious harm to the child.

Download termination of parental rights forms.

Interstate Child Support Enforcement

When parents live in different states, Nevada follows the Uniform Interstate Family Support Act (UIFSA) under NRS Chapter 130. Key provisions include:

• Only one state has jurisdiction over a child support order at a time
• The state that issued the original order retains "continuing exclusive jurisdiction" as long as one party or the child remains there
• Registration and enforcement of out-of-state orders in Nevada courts
• Income withholding orders can be sent directly to an employer in another state

The DWSS works with other states' child support agencies to locate parents, establish orders, and enforce existing obligations across state lines.