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December 2014 Archives

Domestic violence defined

Sometimes, violent behavior in a couple's marriage can result in the filing of divorce or separation paperwork. If someone in the union is fearful that the violence may continue, a protection order may be sought from the court. An order for protection may be issued without the requirement of divorce or separation papers. Nevada residents may want further clarification of how domestic violence is described in state laws. A violent act may be in the form of battery, assault or the threat of such actions.

Understanding the basics of a qualified domestic relations order

Nevada residents may not be aware of how an issued qualified domestic relations order (QDRO) can impact a retirement plan during a divorce procedure. Your former spouse, a dependent or child may be entitled by law to a portion of your 401(k) assets. This court judgment, order or decree may name someone other than you as a benefactor of your account to settle alimony payments, child support or property rights payments.

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, such as school costs, textbooks and lunch money. Noncustodial parents are expected to help with these expenses as well.

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.

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.

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.

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.

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.