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Las Vegas Divorce Law Blog

Expenses that child support may cover

When a noncustodial parent is ordered by a Nevada court to pay child support to a custodial parent, they may believe that they should only be assisting with covering the child's basic needs, such as food, clothing and shelter. However, there are more costs associated with raising a child than basic necessities. Noncustodial parents are expected to help with these expenses as well.

In addition to the basics, child support payments may be used to help a custodial parent provide proper medical care to the child and pay for any medical expenses that are not covered by insurance. Child support payments may go toward covering the cost of copays and any deductibles that the custodial parent may be responsible for. Additionally, child support can be used to cover a wide range of school costs, including tuition fees, textbooks and lunch money.

Divorcing spouses might have to pay for kids' college

Reportedly, some states are requiring divorced parents to pay for college tuition even though there are no laws that force married parents to do so. As part of a child support order, divorcing spouses could potentially be forced to add tuition fees to other common financial responsibilities, such as basic necessities and health care. Divorcing couples in Nevada should know that these post-majority educational support laws have not been adopted nationwide, but the issue is receiving more attention.

Because children with parents who are still together may be more likely to receive financial help from their parents, these education laws seek to offer a solution to the economic disadvantage faced by many of the children whose parents are divorced. Although the public does not question parents' obligation to pay for their kids' needs while they are minors, the idea that parents have a financial obligation to their children after they become adults is controversial.

Keeping inheritances separate in case of divorce

Spouses who anticipates receiving an inheritance while married in Nevada may need to understand the rules for how inherited assets are treated if a marriage ends. When one person inherits money or property that is specifically left to him or her and not a spouse that person's partner could still claim a share in the event of a divorce under certain circumstances.

However, it is possible to walk away from a marriage with an inheritance intact. How heirs use their funds while married determines whether their spouse has a chance of receiving a share. Although state laws vary on this issue, the general principle is usually that if inherited funds are kept separate, such as in a bank account not shared with a spouse, and money is not otherwise comingled, then it is considered separate property. An example of comingling would include depositing some or all of the inherited funds into a joint bank account.

Dealing with the family home in a divorce

Nevada homeowners who are facing a divorce may be interested in some of the considerations that need to be made with regard to property division. Deciding when and how to deal with the division of a home can be very important, particularly when one spouse keeps the residence.

In many cases, particularly when children are involved, one of the spouses will keep the family home and compensate the other spouse for their half of the community property. This compensation could come from a deduction in other spousal support or asset division, or the spouse keeping the home could refinance that home in order to free up cash to pay the compensation. Issues crop up when the spouse who does not get to keep the home goes looking to purchase another home before the divorce is finalized. Lenders are unlikely to finance a new purchase until the couple is divorced and the spouse keeping the home has refinanced in their name only.

Can a nonparent have custody of a deployed parent's child?

One of the biggest concerns a Nevada military parent may have is how to handle the custody of their child if they are deployed when the other parent is not available. In order to protect both the military service member as well as his or her child in such situations, Nevada law provides a procedure that allows a nonparent to potentially be granted custody of the child while the parent is deployed.

Under the law, the military parent must first file a motion allowing the nonparent to assume custody during the period of deployment. The nonparent can be either an adult relative of the child or an unrelated person with whom the child has a close and substantial relationship.

How inheritances are split in Nevada divorces

Nevada is a community property state, and this means in a divorce, assets are supposed to be split equally. However, there is still a number of assets that are exempt from this split, including inheritances in some cases.

An inheritance left by a family member of one spouse to both spouses would be considered community property, but if the inheritance was left to only one spouse, it might not be. The key would be what happened to the inheritance after it was received. If the inheritance was deposited in a joint account, used to purchase something owned by both individuals or put into an inheritance account, this is considered commingling. At this point, the spouse who received the inheritance will have a much more difficult task in proving that the inheritance is not community property.

Child custody concerns in Nevada

Whether you are going through a divorce or dealing with ongoing child custody issues, legal support can be helpful in addressing your interests and those of your child. Disputes can crop up even after custody and support are established, and it is important that your child's best interests are considered when decisions or modifications are made. Although parents are often both concerned with the welfare of their children, viewpoints can differ. It is important that your concerns be articulated effectively.

Terms related to child custody and support can be confusing. Whether you expect to owe support or to receive it, it is important for computations to be completed reasonably. The type of custody could influence the level of support to be set in a case as well. The logistics of unique custody arrangements may be challenging, and it is important for terms and requirements to be clearly understood.

Third-party visitation rights in child custody cases

There are times when a parent or parents may prevent a grandparent, relative or other person with whom a child has formed a close relationship from seeing the child. The Nevada legislature recognizes that in some cases, third-party visitation should be allowed and granted.

Third parties may petition the court for a visitation order under some circumstances. In order to do so, one or both of the parents must be deceased, one parent is divorced or separated from the parent who has legal custody of the child, one parent has relinquished their rights or had them terminated or the child has previously established a meaningful relationship with an unrelated person with whom the child has previously resided.

Testifying in court in a Nevada domestic violence case

Those who have been the victim of domestic violence or who have witnessed a domestic assault may be asked to testify about that incident. Testimony is generally taken during the trial itself, and it is used to prove that person accused of domestic violence committed the crime. If the charge is considered a misdemeanor, the case will be heard in front of a judge without a jury.

Anyone who is asked to testify in court may seek assistance from a victim witness advocate. This person will be available throughout the trial process to listen to that person and can work with the court to address any witness concerns. It may also be possible for an advocate to accompany a witness to and from the courtroom. A witness only has to testify if he or she has been subpoenaed to do so. Witnesses may include individuals who saw the abuse happen or a police officer called to the incident.

$1 billion divorce settlement deemed a disappointment

Nevada residents may have heard about the divorce of a 58-year-old woman from her oil tycoon husband. She is planning to appeal an Oklahoma divorce settlement ruling that awarded her almost $1 billion. The couple was married for 25 years, had two children together and had no prenuptial agreement. Experts in high asset divorces expected that the judge would have given the woman as much as $8 billion, which would have made it the most expensive divorce ever.

Lawyers for the woman claimed that the majority of her husband's worth was due to his skill and that she allowed him to succeed from his hard work. However, attorneys for the man claimed that the rise in his net worth was due to the rise of oil prices and other factors outside of his control. Therefore, his wife was not entitled to a larger share of his estimated $20 billion net worth.