Modifying Child Support After Job Loss, Disability or Incarceration in Nevada

By the FigureMyTax Editorial Team · How we calculate

Nevada child support does not drop on its own after a job loss. A 20% or greater drop in gross monthly income is deemed changed circumstances requiring a review, but only payments not yet accrued at notice can change; we found no incarceration rule.

Can you lower child support after a job loss in Nevada?

Yes, by asking for a review or filing a motion. If a parent’s gross monthly income drops by 20% or more, the statute deems it changed circumstances requiring a review for modification (NRS 125B.145(4)). The court then decides, taking the child’s best interests into account, whether to adjust support under the guidelines. A change reaches only payments not yet accrued when notice was given (125B.140(1)(b)), so act as soon as the income falls.

What counts as gross monthly income?

Nevada defines it by reference to NRS 125.150. Bring pay stubs, unemployment award letters, tax returns and proof of any other income so the figure is complete.

Can Nevada child support be lowered while incarcerated?

We found no Nevada provision in the sections we read that suspends or reduces support because the payer is incarcerated. A loss of income may still count toward the 20% rule. Federal rules say incarceration should not be treated as voluntary unemployment in setting or modifying support (45 CFR 302.56(c)(3)). The order does not change on its own: file and give notice.

Will the court look at what you could earn?

The sections we read do not describe a rule for imputing income, so we are not stating one. The court applies the Division’s guidelines (NRS 125B.080) and the best interests of the child; keep a record of your job search.

Can the child’s needs change support too?

Yes. An order may be reviewed at any time on the basis of changed circumstances (125B.145(4)); the 20% income rule is a deemed example, not the only one.

Does the 20% rule apply to either parent?

Yes. It speaks of a person subject to an order for support, so a 20% rise in the other parent’s gross monthly income can also be changed circumstances requiring a review (NRS 125B.145(4)). Watch for it if you share a case.

Should I wait for a new job before asking?

No. The 20% rule looks at your gross monthly income now; if it has dropped by 20% or more, ask for a review promptly and update the court if your income recovers. Waiting only costs the months before notice.

Can the court forward my request?

If the court does not have jurisdiction to modify the order it may forward the request to a court that does (125B.145(2)(a)). Tell the clerk if you or the other parent moved counties.

What proof helps?

What should you do first?

1. File the request or motion and give notice now.
2. Keep paying what you can: each missed payment is a judgment that draws interest (see how long Nevada arrears last).
3. Check your numbers in the Nevada child support modification calculator.

Frequently asked questions

Official sources

• NRS 125B.145: review and modification of support orders
• NRS 125B.140: enforcement of support orders; retroactivity
• NRS 425.450: adjustment of support orders
• NRS 125C.0045: custody and support orders; termination
• 42 U.S.C. 666(a)(9): no retroactive modification of support already due
• 45 CFR 302.56: federal guideline requirements

This is general information, not legal advice. It is based on the cited Nevada statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Nevada attorney.