If you have been notified by a judge or the District Attorney’s office that you owe child support arrears, there are steps you can take to attempt to reduce your arrears obligation. This guide offers some options that might be helpful in reducing your back child support.
1. File a Motion to Establish Your Child Support: You can ask the child support court or your family court judge to re-calculate your child support amount. You will need to present the judge with proof of your income for the years you want the Court to reconsider your child support obligation. You may do this by way of tax returns and pay check stubs.
2. Negotiate Your Child Support: You can attempt to negotiate with your ex to reach a new amount of child support arrears. You might also attempt to negotiate with the DA. If you are able to make a lump sum payment for your arrears, it is possible that your ex may be willing to settle the arrears.
3. Demonstrate the Child Lived With You - Show You Have Custody of The Child: If you can show the Court the child lived with you at least 40% of the time, you may be able to petition the Court for a reduction in child support. Under Nevada law, joint custody is a 60/40 arrangement. As a result, you may be entitled to a recalculation of back child support, if you can show you actually had custody of the child at least 40% of the time.
4. File a Motion to Set Aside the Court Order That Establishes Your Child Support: Often, parents do not receive proper notice, the calculation is incorrect or the parent was never served with a motion. You can move to set aside all or part of the child support arrears judgment in these circumstances.
5. Ask the Court for Payments of Your Child Support Arrears: If you are obligated to pay a child support arrears judgment, ask the Court to set a reasonable payment plan. Be prepared to show the Court your income, your monthly expenses and other extraordinary circumstances. In some cases, the Court may be willing to make your arrears payment a nominal amount in order to accommodate these circumstances.
6. Modify Your Current Child Support: It is important to ensure that your current child support obligation is accurate. If your current obligation was calculated incorrectly, you may be entitled to an off-set of the overage against any arrears.
If you are experiencing financial problems due to back child support, you should take action immediately. It is important to contact a qualified child support attorney to explore your options. Call our child support attorneys today at (702) 433-2889 or fill out our on-line form for more information. We can help.