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After divorce, support and alimony orders are modifiable

When it comes to child support and spousal support or alimony, remember that flexibility is built into the system and nothing is guaranteed to continue the same forever. During the divorce and afterwards, child support can be paid in Nevada until a child reaches the age of 18. However, if an 18-year-old is still in high school, then the payments will likely continue until graduation. Beyond that, there is one major area that may keep parents financially strapped to an adult child: paying for a college education.

Whether there is liability of a parent for a child’s college education generally is determined by whether there is an agreement to take on that major expense. In lieu of an express agreement, a parent may have committed to the obligation by prior performance or other indicia of an implied agreement. Generally, without some sort of positive affirmation or agreement a parent is not responsible for college tuition and expenses

With respect to the support issues, remember that child support can be modified at any time that there is a substantial change of circumstances in the income of a paying party. However, a reduction it cannot be a manufactured one, as where he or she voluntarily cuts back on work hours. The parent will be held to a standard called ‘earning capacity,’ and it is that higher figure that will apply unless the parent can no longer meet that earning capacity level due to an appropriately documented condition. Spousal support is paid to a needy spouse during the pendency of the divorce.

In Nevada, after the divorce is finalized, spousal support is converted to post-divorce support called alimony. Alimony in many states is called rehabilitative alimony, meaning that it continues only until the former spouse can become self-sufficient. Furthermore, alimony can possibly be lowered where there is a substantial change in circumstances. Obviously, the concepts are broad-based and complicated, with many exceptions and qualifications. Whenever possible, you’ll be maximizing your results by seeking he service of experienced family law counsel.

Source:

gazette.com, “IT’S YOUR MONEY: Flexibility is key with child support and alimony,” Linda Leitz, July 15, 2013

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