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My daughter in-law is considering divorce. they are separated now.
Anonymous9 views6 answers
She spoke with an attorney who told her because she made more money than he did last year(she works on commission) her husband will not have to pay child support. They have one child. He left with her all the household bills......he has cheated before and after he left took his daughter to meet his new girlfriend. How can lat year commission and not this year be used to determine her income? sometimes she doesn't get paid for months at a time. She needs a divorce lawyer.....was she told the correct thing....that he will not have to pay child support or any of their joint bills?
She should continue to look for an attorney. If she can demonstrate that her income fluctuates year to year she may be able to use an average to determine child support rather than just last year. If the debts were in both their names she should not just be left with everything. It is worth her time to keep looking for a local attorney to assist her.
Either the attorney rushed through the explanation or your daughter-in-law misunderstood. Both parents are expected to support their children. But before considering child support, the court has to establish the custodial arrangement. If she has primary physical custody and her husband gets visitation, then her income is not considered. He pays a percentage of her gross income to her in child support. If they have joint physical custody, then the court will look at what each party is earning now (and will consider what they have made in the past in order to determine their income potential if they are voluntarily underemployed or understating their income) and the person earning more will pay the difference to the other. Again, this is calculated on a percentage of their gross monthly income, the percentage changing with the number of children. (1=18%, 2=25%, etc.) But she definitely wants to have an attorney who knows what they are doing and with which she is comfortable. Those of us that deal in these matters usually have an edge over those who only occasionally handle them.
Nevada is a no-fault state, meaning that things like affairs and who left who are generally not considered in the decisions regarding things like alimony, child support, division of assets, and or division of debts. With regard to support payments, litigants must fill out Financial Disclosure Forms to be submitted with their paperwork. That FDF discloses a Party's CURRENT income and their last 3 pay stubs as verification of that income. Accordingly, what would be considered first is your daughter in-law's CURRENT income. Her ex COULD claim that her PRESENT income is not indicative of her TRUE income and pull in tax returns from the last three years. However, if she can demonstrate why her present income is lower (new job, wage reduction , etc.), then she may be able to effectively combat that argument.
Child support is determined only after physical custody is decided. Her income may not even be considered if she is granted primary physical custody. Also, joint bills are community debts and generally divided equally. Tell your daughter-in-law to make sure she meets with a qualified divorce attorney. Usually, referrals from someone who has been through a divorce or custody situation and liked their lawyer is a good place to start.
Anthony M. WrightFamily Law AttorneyLas Vegas, NV ·
Not all attorneys are family attorneys and not all family attorneys know what they are talking about. Frankly, the advice she says she received does not sound like it is even coming from an attorney who practices family law in Nevada.
She should definitely call around and talk to more attorneys. She may have to pay a little for a consultation, but real legal advice could save her a lot of stress, money, and confusion.
