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Modification is a change of the provisions in a support order based upon a significant change of circumstance. A modification can be requested by either the Custodial or Non-Custodial parent.
When should I request for modification review?
Generally, a modification is considered if there is a 20% change in income or a substantial change of circumstance such as: (Proof of change in circumstance is required.)
- Emancipation of one of the children
- New child
What can be modified?
- Current child support obligation
- Health insurance provision
What CANNOT be modified?
- Spousal support orders
- Orders with all children emancipated
- Unreimbursed medical expenses
How long does the modification process take?
Once we receive the completed application, including all required documents, the modification process can take up to 6 months.
How can I request a modification review?
Contact our office and request an application for modification be mailed or emailed to you. You may also come in to our office and obtain an application in person or you may download an application here:
Non-Custodial Parent Review & Adjustment Application (NCP)
Custodial Parent Review & Adjustment Application (CST)
All required documentation must be submitted with the completed application:
- Paystubs / proof of income
- Statement of financial situation if unemployed (How do you meet your monthly needs)
- Proof of Health Insurance coverage and costs
- Receipts of monthly Child care costs
- Birth Certificates and/or Declaration in Support of Establishing Parentage <<insert link for the form>> for new child(ren)
The completed application and required documentation may be submitted via:
- Fax # (702) 366-2329
- E-mail: DAFSReview@ClarkCountyDA.com
- Mail/In-Person: 1900 E. Flamingo Rd. #100 Las Vegas, NV 89119
Note: If you are the Non- Custodial Parent with multiple cases, submittal of an application for modification will result in a review of all active current child support cases.
How much will the new obligation be?
Child support is calculated in accordance to the guidelines established by the Nevada child support law under NAC 425 using the Non-Custodial Parent’s Gross Monthly Income (GMI). For specific information regarding NV Child Support Guidelines and to view the Child Support Calculator visit: https://dwss.nv.gov/Support/cs_guidelines/
What is Gross Monthly Income or GMI?
Gross Monthly Income or GMI, is the total earning amount before any taxes or deductions are taken out. Generally, the GMI is calculated using the hourly pay rate x the average number of hours worked in a week x 52 weeks then divided by 12 months.
Example: ($15 x 40hrs x 52weeks) / 12months = GMI $2,600
Is there a possibility that child support would be more or less than the NV child support law states?
It is possible. The court has the ability to set the child support amount different from the child support guidelines.
What if both parties agree to an amount that is different than the NV child support law indicate?
Both Parties may agree to a child support amount that differs from the guidelines. Such agreement must meet the basic needs of the child and be approved by the court.
What if parties share joint physical custody?
Both parties’ income will be considered to calculate the child support obligation. The order may qualify for child support modification when there has been at least a 20% change in either party’s gross income.
Note: If the physical custody arrangement has changed you must modify the custody arrangement in the court where your original custody order was filed.
When can I expect to see the increase or decrease of the new support order?
Once the order is signed by the Judge and filed with the court, it can take approximately 4 to 8 weeks for our office to start enforcing the new ordered amount.