Child Support

Going through a divorce can be extremely difficult, both for spouses and their children. At the Law Offices of Marta L. Presti, Attorney at Law, I understand the impact divorce has on families. I am committed to providing highly skilled representation and legal counsel to help secure my clients’ best interests during this difficult time.

While the child support laws in Nevada are meant to simplify the process, the potential certainly exists for complications. To protect your financial interests and make sure your children have the support they need, it is imperative to have an experienced Reno child support lawyer guiding you through the legal process.

Explaining How Nevada’s Child Support Calculator Works

In Nevada, there is a set formula for child support calculation. So, why do you need a lawyer? You need a lawyer, because the process becomes much more complicated when there is a joint or shared custody agreement in place or when other factors my apply.

In the past, child support calculations were dependant on who was awarded primary custody or, in some cases, joint custody. This focus has been modified by the Nevada Supreme Court case Rivero v. Rivero. The court determined that the amount of actual time spent with a child may be a more important indicator of child support payments than the label listed in the divorce agreement.

In addition, other deviations from the standard formula can be made for a variety of reasons, including:

  • Relationship factors
  • Health insurance and medical expenses, particularly those for children with chronic illnesses or developmental delays
  • Household incomes
  • Educational needs
  • Day-to-day needs of the child, including day care, clothing and school supplies

Legal SeparationIn today’s complex world, a divorce is not always the best option even when a marriage has apparently run its course. Whether it is due to your religious beliefs, spending habits or the health insurance needs of your spouse, a legal separation agreement may be the better option for you in lieu of divorce.

At the Law Offices of Marta L. Presti, Attorney at Law in Reno, Nevada, I have helped separating couples protect their interests during difficult times. I listen closely to my clients and provide them with the sound advice I would hope to receive if I were in their position: a realistic assessment of their options and the likely outcome of each.

To learn more about your options for legal separation, contact me today to schedule an appointment.

How Does a Legal Separation Agreement Work?

In many aspects, a legal separation agreement is the same as a divorce. To receive a separation, the couple must seek a maintenance decree in which they separate assets and allocate debts. The marriage remains legal, thus allowing you to comply with religious beliefs or maintain your current insurance coverage. If a legal separation turns out not to be best for either spouse, it can be converted into a divorce action.

In addition to religious and health reasons, there may be other good reasons for choosing a separation rather than a divorce. Someone may want to separate from a spouse who has a gambling problem, shopping addiction or substance abuse issue in order to opt out of the community property system that splits all assets and debts down the middle. Liability as a spouse ends at the point in which the separate maintenance agreement is filed, if it so provides.

Property Division

If you are thinking about ending a marriage, obtain experienced legal help. Even couples divorcing on amicable terms can quickly encounter long, drawn out disputes with disagreements over how assets and debts were handled during a marriage. Property division is one of the most complicated aspects of getting divorced.

I apply my years of experience and legal skills in pursuit of securing my clients’ financial interests. In Nevada, marital assets are distributed equally during a divorce. I offer strong advocacy to make sure all assets considered assets are valued correctly, while addressing other relevant factors.

Pursuing an Equitable Distribution of Community Property
Property division can become highly complicated based on how assets and debts were handled during your marriage. It may be necessary to consult forensic accountants and appraisers to establish the extent and value of your marital estate, including:

  • Family-owned business
  • Real estate property such as your family home, vacation properties or real estate investments
  • Retirement plans including stocks, 401(k) plans and pension plans
  • Jewelry, collectible cars and antiques

A key part of my work includes determining how you handled your financial affairs. We may need to trace hidden assets and to establish if you or your spouse commingled any assets acquired individually before getting married. For example, if your estranged spouse inherited money before getting married and then commingled the inheritance with your joint savings, we may need to obtain an equitable share of the inheritance. This is a highly complicated area of the law. For experienced advocacy, you can trust me to fight for you to retain or be awarded your share of the property.