Kainen Law Group Main Site Navigation

November 2014 Archives

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.

$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.

How does one establish paternity?

Nevada parents may need to establish paternity whether they are the mother or father of a child. If a mother is married, it is assumed that the husband is the father of a child. In all other circumstances, paternity must be established for the mother to collect child support and for the father to exercise his rights as a parent.

What is a protective order?

There are times in Nevada when a person may need to obtain an order of protection against another person with whom he or she has had a previous relationship. The purpose of a protective order is to either make the other person do some specific thing or to refrain from doing something and thus to help make the protected person safer while preventing the restrained person from causing potential harm.

How is child support calculated in Nevada?

Noncustodial parents in Nevada may want to know how the amount of child support they pay is calculated. The basis for this determination as it is outlined in the Nevada Revised Statutes uses a mathematical formula based on the parent's gross monthly income. The amount may be adjusted if the noncustodial parent owes support for another child.

Relocation and child custody for Nevada families

Economic fluctuations in the state's economy can trigger changes for families, occasionally prompting a need or desire to leave the state in search of better employment opportunities. In other cases, promotions or transfers can affect residency. Parents may even seek a new environment that allows them to be closer to family members. However, the impact on a child custody case can be significant because relocation of a child can create obstacles to nurturing the relationship between the child and the parent who remains in Nevada. For this reason, relocation requests receive a high level of attention from the court system.

Modifying a child support order in Nevada

In Nevada, some child support orders can be modified, but there are rules about when an order can be modified. Generally, a modification request cannot be issued until the order is at least three years old. However, anyone can request a modification if a change of circumstances has occurred, such as when a parent loses a job and cannot continue making payments at the current amount. Modification requests that ask for a 20 percent minimum change may qualify for a change of circumstances adjustment.