NRS 125B.145 provides that child support may be modified only after a parent or legal guardian files a request for review to determine whether the award should be modified. The Nevada Supreme Court has been clear over the past 30 years in interpreting what is necessary to change an existing child support order. It has repeatedly held that “Nevada case law clearly prohibits retroactive modifications of a support order.” See Khaldy v. Khaldy, 111 Nev. 374, 377, 892 P.2d 584 (1995); Day v. Day, 82 Nev. 317, 320-21, 417 P.2d 914 (1996). The court has consistently held that “‘[p]ayments once accrued for either alimony or support of children become vested rights and cannot thereafter be modified or voided.’” Khaldy v. Khaldy, 111 Nev. 374, 377, 892 P.2d 584 (1995), citing Day v. Day, 82 Nev. 317, 320-321, 417 P.2d 914, 916 (1966). If Khaldy was not clear enough, this court has more recently stated what options are open to a district court that is asked to change the amount of child support payable. It determined that the time for retroactive modification of a support order is limited to either the date of the filing of a motion to modify the support, or the date of the hearing of the motion. Anastassatos v. Anastassatos, 112 Nev. 317, 320, 913 P.2d 652 (1996). Noticeably absent is authorization to modify support when the court finds that there was a de facto change of custody or to achieve any type of retroactive equity.
There are specific circumstances when it may be argued that accrued child support in Nevada may be waived. These cases, however, are limited. The Las Vegas Family Law Lawyers at PecosLawGroup.com have experience in addressing cases involving child support arrears.