What Counts as Changed Circumstances for Child Support in Nevada

By the FigureMyTax Editorial Team · How we calculate

In Nevada, a change of 20% or more in a parent’s gross monthly income is deemed changed circumstances requiring a review, and orders can be reviewed every 3 years. Past-due payments cannot be changed retroactively.

What are changed circumstances for child support in Nevada?

The statute says an order may be reviewed at any time on the basis of changed circumstances, and then makes one change a rule of thumb: a change of 20 percent or more in the gross monthly income of a person subject to the order is deemed to constitute changed circumstances requiring a review for modification (NRS 125B.145(4)). Other changes, such as a change in the child’s needs, can also be raised but are not deemed by the statute.

Is the Nevada 20% about income or the support amount?

Income. It is a change in a parent’s gross monthly income, which Nevada defines by reference to NRS 125.150, not a 20% change in the support figure. The Nevada child support modification calculator therefore asks about the income change and shows the support gap separately.

For example, an $800 order against a $1,000 guideline amount is 25% lower than the guideline, but whether a review is required turns on the 20% income change or the 3-year request.

What is the Nevada 3-year review?

An order for support must, upon the filing of a request by a parent or legal guardian, the Division of Social Services or the district attorney, be reviewed by the court at least every 3 years to decide whether it should be modified or adjusted, and each review must respond to a separate request (125B.145(1)). The court must make sure each person subject to the order is notified at least once every 3 years of the right to ask, or that the order carries that notice (125B.145(3)).

Does a Nevada review mean the order changes?

No. If the court has jurisdiction and, taking the child’s best interests into account, finds modification or adjustment appropriate, it must enter an order under the Division’s guidelines (125B.145(2)(b)). If it finds it is not appropriate, the order stays. A court without jurisdiction may forward the request to a court that has it.

Is there a Nevada cost-of-living adjustment?

Yes. The Division adopts a formula for adjusting orders for cost-of-living changes; if no review request has been filed for the period it sets, the Chief may order the parent to pay the added amount, and the parent can stop it by filing a request for review within 30 days (NRS 425.450).

From what date can the order change?

A support order is a judgment on or after the date each payment is due and may not be retroactively modified or adjusted; payments that had not accrued when a party gave notice that a motion for modification had been filed can be modified on a showing of changed circumstances (125B.140(1)). Every month before notice is lost:

Federal law also bars retroactive modification of support already due (42 U.S.C. 666(a)(9)).

What happens next?

Read how to modify child support in Nevada for the filing steps, and check what stays owed with the Nevada arrears 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

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.