The Deviation Factors of NRS 125B.080(9)
Part 6: Introduction and NRS 125B.080(9)(g) and NRS 125B.080(9)(h)
NRS 125B.080(9)(g). Any public assistance paid to support the child: It is unclear how this factor should be considered in a child support obligation. Obviously, if a child is receiving public assistance, the court will order the parent or parents to pay the appropriate support. If, however, a child is receiving disability payments due to the noncustodial parent’s disability, should the child receive that disability payment plus an additional sum based on the parent’s disability income? In Arkansas, as in most states, if the payor parent is receiving Social Security Disability, “the court should consider the amount of any separate awards made” to the children.
NRS 125B.080(9)(h). Any expenses reasonably related to the mother’s pregnancy and confinement: At first glance this may appear similar to the NRS 125B.080(7) requirement for parents to share unreimbursed medical expenses of their minor children, but it has the potential to be far broader. The language for this factor was taken from the paternity statute and dates back to 1923. Although it has never been interpreted by the supreme court, it appears that it could be read to include lost wages and other incidental expenses of a mother while pregnant.
The Deviation Factors of NRS 125B.080(9)
(This blog series is from excerpts of the article written by Bruce I. Shapiro, a Las Vegas family law attorney with Pecos Law Group, titled “The Lost Factors of NRS 125B.080(9): Deviating From Child Support Guidelines, 12 Nevada Family Law Report 1 (Spring, 1997) and is used with permission of the State Bar of Nevada. The footnotes have been deleted from these excerpts.