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Split custody child support question Nevada

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  • Split custody child support question Nevada

    How do you figure child support when there is split custody? My husband and his ex-wife are changing custody of 3 children. In the divorce decree (done in NV), he has primary custody of their 17 year old here in NV, she had primary custody of their 14 and 15 year olds in Arizona, plus their older sister (also my husbands) who has since turned 18. The 14 and 15 y/o requested to move out here and the 17 y/o requested to move back with his mother. This was ok with everyone and we know have the 2 younger ones living with us and the 17 y/o lives in AZ. We are trying to do a stipulation and order to change the custody and support, but I am having trouble figuring out what the child support should be.

    When the decree of divorce was entered, we improperly figured the child support, as we have now learned. Because she had custody of 3 children and we had custody of 1, we calculated it based on 29% of his gross income and that was it. Looking at Wright v. Osburn, we should have calculated 31% of his gross income and then subtracted 31% of her gross income and then come out with the actual figure. Since she does not have a job and has not had a job for over 2 years, she told us "good luck" getting any support for the child he had custody of since she didn't work. So we know we have been overpaying for the last 16 months by quite a bit, since she should still be paying support based on her true earning potential.

    So my question is this-since she does not work, I looked at minimum wage for Arizona and figured that even earning just that, she would be liable for $313.00 of support per month (which is much less than she has the potential to earn, but since she has not worked in years, I do not know how to prove what she can earn). Based on my husband's income, he is responsible for $700.84 per month. So that would leave a difference of $387 and change. Does he pay her this much even though he will have custody of 2 kids and she will only have 1? Can we be reimbursed the nearly $5000 we have overpaid in the last 16 months?

  • #2
    any input?