I have been with my boyfriend for 5 years. He has 3 boys with his ex-wife. We would LOVE to get married but have been told that if we do the ex can take US to court with our combined incomes and get her child support raised. I recently heard that isn't true at all. We are going to get married regardless of court...we are not going to allow this worry to stop us from our happiness. We would just love some clarification...knowledge is power! Thank you so much for your time.

From: Charmaine 

Hi Charmaine:

Your income is not directly relevant for child support purposes.  Your fiancé's gross income is what the court will use to determine support.  The only time your income would come into account is if you earned a significant living, so much so that it greatly increased your fiancé's standard of living so that support based only on his income would be unfair.  It is very rare for a new spouse's income to be taken into account.  I certainly would not let that get in the way of your plans to get married.

I hope this answers your question.  Thanks for listening.

Jessica Anderson

 Hi Jessica, I'm a single mom of a year old baby girl. Her father and I were never married and have been split since before she was born. He is however on the birth certificate and loves her very much. We do the best we can right now with making equal time with her. My question is, is it possible for me to obtain full custody of my daughter? I have no intentions of taking her away from her father, but to protect myself in the future, I'd like to know what my rights are. I'm not originally from Reno and don't see myself always living here, so what rights do I have as an unwed mother to move out of state with her? When she starts school and I am living elsewhere, maybe, how does the court decide custody in those situations. Though I am more financially stable and have a career that provides for majority of the baby expenses, like I said her father tries and is good intended as a father. I would just like to know that if it came down to it, I would hopefully have primary custody of her and can still live how I want to in regards to moving or sharing custody. Lastly, is it suggested we go to court? And from what I've read, NV favors joint custody, so is it impossible for me to obtain joint custody to ensure a stable environment for our daughter? Thanks again, I look forward to your advice Naomi

From: Naomi

Hi Naomi:

First, I think it is great that you and your daughter's father are able to co-parent.  Good for you.

At this time, without a custody order, you are technically the primary custodian as the mother of a child born out of wedlock, so you could change your parenting schedule.  However, all Dad has to do is file a Petition to Establish Custody and show that the status quo has been joint physical custody since birth and the court would likely award equal parenting time.

Your potential move out of state is a different issue.  Technically, right now, you can move with the child without court or Dad's express permission (this assumes that you have no custody order-VERY IMPORTANT).  However, if you move, all Dad has to do is file a Petition to Establish Custody.  Since Nevada is your daughter's legal "home state", the Nevada court would likely make you return to Nevada with the child and a future move is in jeopardy by what will likely be characterized as "absconding" with the child to another state.

The best thing you can do for yourself and your daughter is continue to share joint custody, assuming this is in the child's best interests.  I would suggest that you do this formally through the courts so that you guys have a custody order to guide you. Keep very accurate records of who had her when and who does the day to day parenting (i.e. doctors appts, school, dentist appts., play dates, etc.).  If there comes a time when you have a good opportunity and want to move out of state, first you will ask his permission.  If he says no, then you file a petition to relocate and petition to modify custody.  It is always an uphill battle to move when you have two active parents but try to remember that it is better for your daughter to have a meaningful relationship and bond with both parents.  It is difficult to do when one parent lives out of state.

I hope this helps.

Thanks for listening.
Jessica

I am wondering how visitation would work if I was never married to the child's father and if he hasn't really been a part of the child's life for the last 5 years. At this point I am also not getting any financial help.

From: Ashley

Hi Ashley:

If you want to clearly establish his rights to visitation and his financial obligations, you would need to file a Petition to Establish Custody and Support.  The amount of visitation depends on what the court determines is in the child's best interests.  The amount of child support will be based on the statutory calculation and based on his gross monthly income.

Hope this helps.  In you need more information, please feel free to call my office and schedule a consultation.

Thanks
Jessica Anderson

Is there such a thing as a "Financial Separation" available in Nevada, even though the marriage is 17 years old, without having to file for a divorce?

From: Karen

Yes, you can do one of two things.  You can either separate your financials by entering into a post-nuptial agreement that you both agree to and sign.  Otherwise, you can file a Petition for Separate Maintenance (i.e. Legal Separation).

Please let me know if you want to come in to discuss either issue.

Thanks
Jessica

First thank you for reading my message So I have three kids my oldest is not my ex husbands but he still treats him like he is his own we decided when we seperated that he could pay 300 a month for child support. Only because I was to nice since he has a lot more bills then me we have been seperated for 3 years and divorced for 8 months I got engaged and my fiancé is willing to put me and the kids on his insurance even know it states on the divorce papers my ex will pay for it. My ex said he would pay for it but lately he has been seeing someone and this women does not seem to have respect for my wishes and so my ex has started to act the same way wanting to take my kids and spend the night at the girl friends house when they have only been dating for 2 months with out even asking me if ok. When every time I go to take the kids out of state or to spend the night somewhere I ask there dad's ok and so I was wondering if there were any suggestions my kids are 14,11,8 I will start needing more for them but unless I go back to court he won't give me more money even know it states if he makes more he will give me more any help would be very great full thank you. Holly

From: Holly

Holly:

You and your ex-husband need to trust one another to make appropriate decisions regarding your kids during your custodial time.  You do not need to get one another's permission before taking them out of town, etc.  You just have to make one another aware of where kids are going to be, etc.

As far as support goes, child support is statutory so it depends on his gross monthly income.  Since the decree requires him to pay child support for his stepchild and since he has treated that child as his own, I would expect that support to continue for that child.  Health insurance costs need to be equally divided regardless of which parent procures the insurance. 

If he won't voluntarily agree to an increase in support, you may have to file a motion.  $300 a month for 3 kids seems incredibly low.

I hope that answers your questions.  If you need more help I'd be happy to meet with you in a consultation.

Thank you
Jessica

Hello Jessica Anderson, thank you for taking time to read my concerns and questions. I have been divorced for almost 8 years, the father of my 2 sons is not involved in their lives at all ( by his choice), I have full custody and sometimes recieve child support through the DA. My question for you is there a way I can ask for an increase in child support?  I work but do not make enough for insurance on my children and make too much for state assistance.  I would like to use the support to get the insurance but the money I currently receive goes to after school programs they are in. Is there some kind of self help form or do I contact the DA's office? I am unsure of how I am susposed to go about this. Thank you for your time. Mellissa

From: Mellissa

Hi Mellissa:

There is a law in Nevada requiring that parents provide and divide the costs of health insurance.  Talk to the DA-if you provide proof of coverage they may be able to pursue Dad for at least half of the costs.  If the DA can't help you through their system, you can still file a motion in family court to get dad to share in both health insurance and childcare costs.  If you need more information regarding the motion route, feel free to give me a call and I can get you in for a consultation.

Thanks
Jessica
823-0049

Hi Jessica, My husband and I were living in Reno until I decided to leave him. I am currently living with my parents in Anaheim CA. I tried to submit the divorce here in CA but one of the requirements are to have lived in Ca for the last 6 months. Can I submit the divorce in Reno and how long would the process take? We do have one child and he has no desire of fighting for custody nor I want child support from him. Thank you

From: Eva

Hi Eva:

You definitely need to get divorced in Nevada.  Because you have not lived in California for six months, Nevada is the only state that has jurisdiction over the custody and child support (which by law have to be dealt with in any divorce decree).  The uncontested divorce process is very quick.  It can take only a few weeks.  Please let me know if you would like to have a consultation with me.  I'm happy to give you more information regarding the exact procedure.

Thanks,
Jessica Anderson

Hi Jessica: First, I think it's great that you take these questions. I am the stepmom to a very sweet 3.5 year old boy. My husband and I live near a school in which we intend to send our child to (note - I am currently pregnant with said child). My stepson's mother also lives near a different school. She has already made the assumption that he is to attend this school. She said "I'm the mother and judges favor mom's so you have no say." However, our school is ranked number 2 in the state and hers is ranked number 281. My husband refuses to allow his son to attend this school. I'm frustrated a) that she made the assumption it was her decision and 2) her only reason is that our school is "too far to drive." We have also thought about sending him to a private school, but I assume she would have to pay 1/2 that cost? We have him 4 days a week and she has him 3. I would also like both children to be in the same school even if only for a couple of years. How is this decided? What action can we take? Thank you!

From: Sue

 Hi Suzanne:

I assume that bio mom and dad have joint legal custody- in which case, neither parent gets the "veto" power over the other.  They have to agree on a school or they have to put it to a mediator, co-parenting coordinator or their Judge. 

You certainly have great arguments in your favor, that your school is better ranked and that you have a sibling that will go there.  Unfortunately, the baby isn't of school age yet so that argument isn't as strong as it would be if the sibling were already attending the school you want your son to go to.  Who knows where you'll be in five years?  You may move, etc. (arguments I would make if I represented bio-mom).  You also have him more, which is another argument in your favor-although the schedule is still within the parameters of joint physical custody, so probably not the strongest argument.  

These cases are always tough to deal with and are 100% governed by what is in the child's best interests.  In a perfect world both parents would live in the same school zone and this would not be an issue.  Ultimately, it may come down to which school offers the best opportunity for both parents to be actively involved in school (which is in the child's best interests).  For instance, if her school is on dad's way to work, but mom will have to drive 20 miles in the wrong direction to get him to your school, she may get her way.

FYI if she made those offensive comments in email or text, save them.  That kind of mentality may be the deciding factor for the Judge.

Also, unless their custody agreement provides for shared expense of private school that is not likely something a court would order.

If she won't budge from her position then you need to get a ruling on the issue far in advance of the time he starts kindergarten.  If he is enrolled at her school it is going to be more difficult to change after he starts going there.  Judges like to keep the status quo.  So if you are going to do something, you need to do it soon.

I hope this information helps.  Let me know if you want to come in for a consultation.  823-0049.

Happy Holidays!  Thanks for listening.

Jessica

In my last court date we asked for mediation they gave us 3 days to contact the mediation office. What if the other party doesn't contact the office? Well they hold off mediation until they hear from that party? Or well they continue and meet with the party that contacted them? Thank you

From: Chelsea

Hi Chelsea:

Mediation can't happen unless both parties participate.  The mediator will send a report to the court that he did not contact mediator and the court will either enter another order reminding him of his obligation to complete mediation or at the next hearing he'll have to answer tough questions from the Judge.

Hope this helps.

Jessica Anderson

Jessica Anderson, thank you for taking time to read my concerns and questions.. Me and the father of my child were married we got divorced and I got full custody of our son. I'm tryin to get my sons passport for the a trip we have to make outside the US & his father signed the constent form because it was required now they need a copy of his ID or Drivers liscence and he refuses to give me a copy.. Is there anything that I can do because I have full custody of my son already? & if worse case scenario I cannot get my sons passport. Can he or his family file for custody of our son while I'm gone?

From: Maria

Hi Maria:  

If Dad is refusing to cooperate with obtaining a passport for your son, then you should bring the issue to the Court's attention in a simple motion asking the Court to mandate his compliance.  So long as the trip out of the country is just for a vacation and not a permanent relocation, the Court will likely enter the order.  If you have to retain an attorney to help you, you may even get attorney fees reimbursed due to his unreasonableness.  If you would like to discuss this issue further, please feel free to give me a call.

Thanks,
Jessica Anderson

Hi Jessica, my son divorced while he was active duty military. His child support was set in regards to his income. He was medically retired over a year ago. Since his retirement, his pay has been cut dramatically. She receives 37% of his pay now. His ex wife has remarried and now lives in Alaska. Recently she has gone through the child support division of Alaska to claim child support. My son pays child support every week. How does he go about getting his child support reduced? Funds are very limited. Thank you for your time.

From: Michelle

Hi Michele: 

If your son lives in Nevada, and the court order establishing child support is from Nevada, he can file a motion to modify child support.  If he cannot afford an attorney, he can go to the self help center at the district court in Washoe County and they should be able to point him in the right direction.  If he would like to schedule a consultation with me, I charge $200 for the initial meeting.  I'm happy to help if I can.

Thanks.
Jessica Anderson

I am 8 months pregnant. The father has not been in the picture and hasn't help pay any doctor bills, let alone show up to the doctors appoinments. And if he doesn't sign the birth certificate does he have any legal rights to my child? This has been a roller coaster love/hate relationship. When I conceived the baby we both planned to have a baby. However, it seems the father wants no part or cares about how the baby has been thriving. I am just wondering if I wanted to move outof state I wouldn't need his permission if he isn't on the birth certificate, is that what I am to understand? Thank you. At a Loss.....

From: Amber

Amber:

If he is not on the birth certificate and there is no court order establishing his custody rights, then you can move without his permission.  If there is an order you MUST have his permission otherwise it is a class D felony to remove the child from the state.  If you want child support from him then you will have to establish paternity and get the district attorney on board to collect from him.  If he ever wants to see his child, all he has to do is file a petition with the court for visitation and the Judge decides if it is in the child's best interests to have a relationship with Dad--so this issue may follow you wherever you go depending on how much involvement he wants to have.

If you want to come in for more information, please give me a call.

I hope this helps.

Best of Luck!
Jessica

Jessica, I divorced my ex 3.5 years ago and we had a business together. I have a court order for him to pay me monthly and he has stopped doing so. I took him back to court but I can't afford to pay an attorney upfront because of the financial situation he has left me. But he has an attorney. The judge told me to go to the free attorney days at the court which I have tried. The attorneys there feel my case is too far over their head plus it's during my work hours. I'd have to go every week to get my answers. Do you have any other options for me to be able to get my ex to pay? It's a difficult situation and I need help. Please advise!!!

Thank you, Terri

It is going to be difficult to find an attorney that is willing to finance the litigation for you.  Most attorneys take credit cards, if that is any help to you.  If you want to come in and talk about your case, I charge $300 for "coaching" consultations.  I'd be happy to point you in the right direction and advise you on what arguments to make, what points are important, etc.  Let me know if you want to come in.

Thanks,
Jessica

How does a Pro-Per individual request a custody case to be heard in a new dept in the same county? I asked the 3rd floor receptionist at the court house who referred me to the self help desk. The self help desk said there was no form to request it and didnt have an answer. I have a divorce case from 07 that custody has been heard in a specific dept and I feel the judge is bias and I have never won a motion in 6 years. The last motion i submitted for modification was automatically denied before mediation or a hearing was granted to consider the motion. I am at my wits end, no one has answers for me.

From: Sharon

Sharon:

It is extremely difficult to get a Judge removed from a case for bias.  If your motions are being automatically denied, it probably means that you are doing something procedurally improper.  I suggest you retain an attorney to at least file the proper motion.  The system is not very user friendly and if you have issues that need to be presented to the court, an attorney can help you.  If you can't afford an attorney, then you should go to Washoe Legal Services or Lawyer in the Library.

Good Luck!
Jessica

I'm hoping you might be able to help me. I'm 23 yrs old and I have been seperated from my husband for over three years now. He is a Canadian and we got married in Canada in 2008 when I was 18, we were together for about 8 months after we got married, but it fell apart and I stopped pursuing becoming a citizen and moved back home to Carson City. 

We have no chlidren and do not have any possessions to split up, so I went down to the courthouse and got divorce papers, filled them out and sent them to him so he could fill them out on his end. He claims he went to a divorce lawyer in Canada and was told those won't work for him to get a divorce in Canada. Is this true? The only thing I want for Christmas is a divorce. I have had this looming over my head ever since I moved back and I just want it over, but I don't know how to proceed. Do you know what I can do to finally get a divorce so I can move on with my life?

From: Courtney

Hi Courtney:

You can get a "status divorce" in Nevada that will be recognized by the United States so long as you have been residing in Nevada for 6 weeks.  You can't divide any property or get any orders regarding alimony, since the court here does not have personal jurisdiction over your husband, but you can get a judge to declare you divorced.  I can't imagine that a Canadian court would not recognize a divorce decree issued by a US state but I cannot advise you on Canadian law.  There could be a nuance that I don't know about  You may want to double check with a divorce lawyer in Canada.  I'm sure you can get a telephonic consultation arranged. 

Good Luck!
Jessica

I divorced my ex husband almost 2 yrs ago, we have 2 daughters together and in the divorce decree it was ordered that he pay said amount for child support and that he have them every Friday night. 

Well, he only paid said amount for about 3 months and has only had the girls like 5 Friday's in almost 2 yrs. I have them full time and work and he isn't paying for anything concerning them. He hasn't helped with medical expenses or even come to visithis kids when they were sick. Didn't even call. He lives like two buildings away from us in the same apts and only sees the girls like once or twice a month for a couple minutes and then leaves, If that...

I've had to get a restraining order on him before due to threats and I would like to terminate his parental rights because I don't think he deserves to have a say in raising them, do i have a chance of getting that? Or should I simply take him to court for child support. I'd rather him just be out of their lives completely than take his money...

From: Yvonne

Hi Yvonne :

If you terminate his parental rights, you also terminate his parental obligations and he would no longer be on the hook for child support.  I think it is in your children's best interests that they have the financial support of their father.  I advise that you go to the child support division at the district attorney's office and fill out the paperwork to have them seek ongoing child support and back child support from your ex-husband.  They can garnish his wages and his tax refunds.  The district attorney provides this service at no charge- it is funded by the taxpayers.  They are aggressive and diligent.

I hope this helps.

Best of Luck
Jessica

Good afternoon! I was hoping you might be able to help me answer some questions I have on the child support process. I have been a single father raising my son pretty much since the time he was born. When my ex wife and I divorced, she was not really interested in being a parent any longer (she already had one child from her first husband and was paying child support) and I wanted full custody.

Since I wanted to get the situation resolved quickly and smoothly, I agreed that she should pay $100 per month in child support. She did not have the best of jobs and was already paying child support for her first child. Now, 10 years later, she still begrudginly pays $100 per month (I have her check garnished through Washoe County DA's office) but it really doesn't cover a fair share of my son's expenses. Between before and after school care, school uniforms, meals, etc, the $100 is a very small portion.

In summary, my question is, I know my ex wife will not want to contribute more to my son's expenses, but is there a way I can have the case evaluated to have the amount increased, or will it take getting an attorney and a court room? I hate to do that to any of us as I know she will make things very difficult. As it is now, she sees him maybe one or two weekends a year as she "can't handle any more parenting time" than that. She also currently lives out of state. What are my options? Thank you for taking the time to read my letter.

Best Regards, Robert

Hi Robert:

Child support may always be modified upon a showing of a change of financial circumstances.  Since you already have a child support case open with the district attorney's office, that is where you should start.  They should have her current income information.  If 18% of her gross monthly income is more than $100 a month, then her obligation should be increased and the district attorney should file a motion to modify for you. 

The fact that she resides out of state may add another wrinkle to the case.  If her obligation is increased per NV law, you may have to have your new order registered in her state in order to garnish at the increased amount.

I hope this answered your question.

Thanks,
Jessica Anderson

Jessica, Thank you so much for taking the time to read this email. I'm sure you get tons of these emails every day so I thought I'd try to be one of them! I listen to you lots on Alice! So, I guess it's worth a shot to ask... Do you/Can you recommend a lawyer (or someone) who can help with me at no charge? I know it's alot to ask but I'm not able at this time to pay anyone.

I am interested in Divorce help. I do have the Self-Help forms but have not filled them out because I'm really just not sure what/how to do them. We do have a 7 year old daughter so adding that to the mix is difficult. My ex and I have a big problem communicating and there are some substance abuse on his side that makes things SUPER difficult and I just don't know what to do - custody and all that. I'm sure I just rambled on and on and probably made no sense! Any help you can offer would be amazing! Thank you so much again, for your time and any help!

From: Elizabeth

Hi Elizabeth:  I'm sorry that you are having trouble with custody issues.  The system can be daunting and custody litigation is very expensive.

There are not a lot of attorneys who can financially afford to work for free but there are some who do as part of their civic duty to give back to the community.  Unfortunately, many young lawyers have substantial student loans to pay off, and other financial obligations,which prevent them from taking pro bono cases.  More established attorneys often have large caseloads and are too busy to devote significant time to pro bono work.  I did a lot of pro bono work in my first few years of practice and try to take a few cases a year.  I just opened a new practice so it is not something I can do at this time.

Have you tried Washoe Legal Services?  When attorneys are interested in doing pro bono work they put their name with WLS.  You should check there.

One service I can offer is called "coaching".  I can help you fill out the self help forms and give you advice on how to proceed for a $300 per meeting fee.  You would then represent yourself at the hearing.  Please let me know if that is something you would be interested in.

Good luck,
Jessica Anderson