VERIFIED PETITION / MOTION TO MODIFY CHILD SUPPORT
(Nevada – Family Division, State District Court)
[// GUIDANCE: This template is drafted for use in ANY Nevada district court with a dedicated Family Division. Replace bracketed placeholders before filing. Review local rules for additional formatting (e.g., font size, line-spacing, pleading paper).]
TABLE OF CONTENTS
- DOCUMENT HEADER
- DEFINITIONS
- OPERATIVE PROVISIONS
- REPRESENTATIONS & WARRANTIES (VERIFIED ALLEGATIONS)
- COVENANTS & RESTRICTIONS
- DEFAULT & REMEDIES
- RISK ALLOCATION
- DISPUTE RESOLUTION
- GENERAL PROVISIONS
- EXECUTION BLOCK (VERIFICATION, NOTARY, CERTIFICATE OF SERVICE)
1. DOCUMENT HEADER
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IN THE FAMILY DIVISION OF THE _____ JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF [COUNTY]
[PETITIONER’S NAME], ) Case No.: [_]
Petitioner, ) Dept. No.: [_]
)
v. ) VERIFIED PETITION / MOTION
) TO MODIFY CHILD SUPPORT
[RESPONDENT’S NAME], ) (NRS 125B.070; NRS 125B.145)
Respondent. )
_____ )
Effective Date of Filing: [MM/DD/YYYY]
Governing Law: Nevada Revised Statutes (“NRS”) Title 11, Chapter 125B
Forum Selection: Nevada State District Court – Family Division
Relief Requested: Prospective modification of the child-support obligation, issuance of an amended wage-withholding order, and all ancillary relief deemed just and proper.
2. DEFINITIONS
For purposes of this Petition, capitalized terms have the meanings set forth below; singular includes plural and vice-versa.
“Applicable Guidelines” means the presumptive child-support formula codified at NRS 125B.070 and corresponding administrative regulations, as amended.
“Existing Order” means the prior child-support order entered on [Date of Prior Order] in Case No. [__], a true and correct copy of which is attached hereto as Exhibit A.
“Gross Monthly Income” has the meaning assigned by NRS 125B.070(3).
“Material Change in Circumstances” means (i) a change in either party’s Gross Monthly Income resulting in a deviation of 20 percent or more in the presumptive obligation, or (ii) the passage of three (3) years since entry or last modification of the Existing Order, whichever first occurs. See NRS 125B.145(4).
“Minor Child(ren)” collectively refers to [Name, DOB] and any other child subject to the Existing Order who has not reached the age of majority or become otherwise emancipated under Nevada law.
“Parent” or “Party” means the Petitioner or Respondent individually; “Parties” means both collectively.
3. OPERATIVE PROVISIONS
3.1 Jurisdiction & Venue. The Court has subject-matter jurisdiction under NRS 3.223 and personal jurisdiction over the Parties pursuant to NRS 125A.305 because (a) the child(ren) reside(s) in this County, and (b) the Existing Order was issued by this Court.
3.2 Standing. Petitioner is a parent obligated or entitled to receive support under the Existing Order and therefore has standing to seek modification under NRS 125B.145.
3.3 Material Change in Circumstances.
(a) Time-Based Review. More than three (3) years have elapsed since entry of the Existing Order.
(b) Income-Based Change. Petitioner alleges that:
(i) Petitioner’s current Gross Monthly Income: $[_];
(ii) Respondent’s current Gross Monthly Income: $[_];
(iii) The presumptive obligation under the Applicable Guidelines differs from the Existing Order by [___] %.
(c) Either (a) or (b) satisfies the statutory threshold for modification.
3.4 Child-Support Calculation. Applying NRS 125B.070 to the incomes above and accounting for statutory adjustments (health-insurance premiums, child-care expenses, and other allowable deductions), the presumptive monthly obligation is $[__], as detailed in the Child Support Worksheet attached hereto as Exhibit B.
3.5 Requested Modification. Petitioner respectfully requests that the Court:
(a) Vacate the Existing Order solely as to support amount;
(b) Enter a new child-support order setting Respondent’s monthly obligation at $[__], effective the first day of the month following service of this Petition or such other date as the Court deems equitable;
(c) Allocate statutory add-ons (medical insurance, child-care) per the Worksheet; and
(d) Issue an amended income withholding order directing automatic wage garnishment in accordance with NRS 31A.015 et seq.
3.6 Credits & Arrearages.
(a) Any arrears accruing under the Existing Order up to the effective date of the new order shall remain enforceable.
(b) Overpayments, if any, may be credited against future obligations subject to Court approval.
3.7 Conditions Precedent. Petitioner has (i) completed a current Financial Disclosure Form (Form EDCR 4), attached as Exhibit C, and (ii) served the same on Respondent contemporaneously with this filing.
4. REPRESENTATIONS & WARRANTIES (VERIFIED ALLEGATIONS)
The undersigned Petitioner declares under penalty of perjury that:
4.1 All facts stated herein are true and correct to the best of Petitioner’s knowledge, information, and belief.
4.2 Petitioner has fully and accurately disclosed all sources of income as required by NRS 125B.030.
4.3 No prior petitions to modify child support are currently pending between the Parties.
4.4 The requested modification is sought in good faith and not for the purpose of delay or harassment.
5. COVENANTS & RESTRICTIONS
5.1 Continuing Disclosure. Each Party shall, while any child remains subject to support, exchange updated income information not later than thirty (30) days after any request made in writing but not more than once annually, absent Court order.
5.2 Health Insurance. The Party who can provide medical coverage for the Minor Child(ren) at a reasonable cost shall maintain such insurance and promptly furnish proof of coverage.
5.3 Notice of Employment Change. Within ten (10) days of any change in employment or income-producing status, the affected Party shall file and serve written notice identifying the new employer, address, and anticipated income.
[// GUIDANCE: Consider adding a parenting-time clarification if physical custody has substantively changed, as support amounts may hinge on the custodial timeshare.]
6. DEFAULT & REMEDIES
6.1 Events of Default.
(a) Failure to pay support as ordered for more than thirty (30) days;
(b) Failure to provide required disclosures under Section 5; or
(c) Violation of any health-insurance mandate.
6.2 Notice & Cure. The non-defaulting Party shall give written notice of default. If the default is not cured within ten (10) days, statutory remedies may be pursued.
6.3 Graduated Remedies.
(a) Immediate wage withholding (NRS 31A.040);
(b) Interception of tax refunds (NRS 425.430);
(c) Suspension of driver’s or professional licenses (NRS 425.500);
(d) Contempt proceedings, including incarceration and fines (NRS 22.100).
6.4 Attorney’s Fees & Costs. The prevailing Party in any enforcement action shall be entitled to reasonable attorney’s fees and costs, subject to the Court’s discretion under NRS 18.010(2)(b).
7. RISK ALLOCATION
7.1 Income-Percentage Cap. Support shall not exceed the maximum percentages of Gross Monthly Income prescribed in NRS 125B.070 unless the Court expressly finds good cause for deviation.
7.2 Tax Treatment. Child-support payments are neither deductible to the payor nor taxable to the payee under federal law; each Party is responsible for their own tax compliance.
7.3 Force Majeure / Impossibility. Temporary inability to pay due to catastrophic events (e.g., sudden disability) does not automatically suspend the obligation but may constitute grounds for future modification upon proper motion and proof.
8. DISPUTE RESOLUTION
8.1 Governing Law. This matter is governed exclusively by Nevada law, including NRS 125B and applicable Nevada Rules of Civil Procedure (NRCP) and local Family Court rules.
8.2 Forum Selection. Any dispute regarding child support shall be heard exclusively in the Family Division of the [___] Judicial District Court, County of [County], Nevada.
8.3 Arbitration & Jury Trial. Arbitration is unavailable, and jury trials are not permitted in child-support proceedings.
8.4 Injunctive Relief Preservation. Nothing herein limits the Court’s statutory authority to issue immediate wage-withholding orders or other injunctive relief necessary to secure payment.
9. GENERAL PROVISIONS
9.1 Reservation of Jurisdiction. The Court retains continuing, exclusive jurisdiction over child-support matters concerning the Minor Child(ren) until emancipation or further order.
9.2 Severability. Should any provision of the resulting order be deemed unenforceable, the remainder shall remain in full force to the extent consistent with Nevada law and public policy.
9.3 Integration. Upon entry, the modified child-support order shall supersede all prior inconsistent provisions pertaining to monetary support. Parenting-time and all other orders remain in effect unless expressly modified.
9.4 Electronic Signatures. In accordance with NRS 719.240, electronic signatures are deemed original for all purposes.
10. EXECUTION BLOCK
10.1 Verification
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I, [PETITIONER’S NAME], declare under penalty of perjury under the laws of the State of Nevada that the foregoing statements are true and correct.
Executed on this ___ day of _, 20, at [City], Nevada.
[PETITIONER’S NAME], Petitioner
10.2 Notary Acknowledgment (if required by local rule)
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STATE OF NEVADA )
) ss:
COUNTY OF ___ )
On __, 20_, before me, the undersigned Notary Public, personally appeared ____, known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he/she executed the same.
Notary Public in and for the State of Nevada
My Commission Expires: ______
10.3 Certificate of Service
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I hereby certify that on the ___ day of __, 20, I served a true and correct copy of the foregoing VERIFIED PETITION / MOTION TO MODIFY CHILD SUPPORT (with all exhibits) upon:
☐ Respondent in person
☐ Respondent’s counsel of record
☐ By U.S. Mail, postage prepaid, addressed to: ________
☐ By electronic service via the Court’s e-filing system
[PETITIONER OR ATTORNEY NAME]
[// GUIDANCE: Attach Exhibits A (Existing Order), B (completed Child Support Worksheet), and C (Financial Disclosure Form). Ensure personal identifiers comply with NRCP Rule 5.2 regarding privacy protections.]
Respectfully submitted,
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DATED: __, 20_ LAW OFFICE OF [FIRM NAME]
By: ____
[ATTORNEY NAME], Esq.
Nevada Bar No. [__]
Attorney for Petitioner
Address:
Phone:
Email: