Legal Question in Family Law in Nevada

My children moved in full time with me back in March of 2011. In February 2012 my ex-wife finally signed a new custody agreement stating I am the primary custodial parent. When I ask her for any financial assistance she instantly says she wants the kids back half of the time and is never going to give me a penny. If I don't ask for help, she doesn't want the kids back. I am trying to last as long as I can without any money from their mother. My question is, once I do file for child support will they require her to pay back owed support? Would it be from the date they moved in physically? Or from the date she signed the new custody agreement? Thank you in advance for your help. You are a good human to help out of the kindness of your heart!

Asked on 3/28/12, 1:13 pm

1 Answer from Attorneys

I assume that you will be filing for support through the Clark County District Attorney's Office Family Support Division. It will depend on what and how the DA asks for support and what the hearing master decides. It will also depend on whether or not your new custody agreement addressed child support.

If the new custody agreement said no back child support is owed, but talks about new support, then it will be from the date that the agreement was signed. If it is silent about support, then I would argue that she owes child support from the date that the children were first in your physical custody.

Usually, if there is no dispute between the parties as to when the children were in your custody, the Hearing Master will go back to the time that the children were with you, BUT it depends on many facts, what court you go to, the position of the Deputy DA handling your case and the Hearing Master.

The sooner you file with the DA, the sooner you will get your answer to your question and the sooner (hopefully) you will get some money to help support your children. Do not delay!

Good luck!

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Answered on 3/30/12, 9:55 am

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