Author Archives: Jay Butchko
What Is A “Substantial Change In Circumstances?”
When a divorce or custody case is finalized, the order entered in the appropriate court includes all the relevant issues like child support and alimony (in the case of a divorce only). Thereafter, events in your life may necessitate a modification of the support order; however, doing so is not easy. In order to… Read More »
Child Support Guidelines And Deviating From Them
Any divorcing couple with children will likely be concerned about child support, either about the amount or whether it should be paid at all. Like many other states, Nevada has support guidelines written into its law, meaning that there is at least a place to start when a court seeks to assign an appropriate… Read More »
Cohabitation And Community Property
Nevada is one of nine states that still uses the community property system of asset distribution upon divorce, which means that unlike other states where assets are evaluated and distributed according to equity principles, everything in Nevada is divided as close to equally as possible. However, in this day and age, fewer couples are… Read More »
What Makes A Parent Unfit?
In dealing with issues of child custody and parenting time, all discussion is predicated on the assumption that both parents are fit to take care of children. In some cases, this is not actually the truth. Parents are often declared unfit, for a variety of reasons, which may then require alternative arrangements be made… Read More »
Deviating From Nevada Child Support Guidelines
Often, guidelines and laws are not identical. Nowhere is this more evident in the legal field than in dealing with child support issues. Most states in the U.S. have adopted what are referred to as guidelines for accurately assessing what amount of child support a parent should pay, Nevada included. However, they are called… Read More »
Inheritance In Community Property States
In community property states like Nevada, all property acquired during the marriage is presumed to be split 50-50 in the event of a divorce. Nevada law states that any inheritances, gifts or bequests granted to one person are theirs – but it can sometimes be difficult to determine if the grant is to one… Read More »
Losing Parental Rights
Just because someone fathers or gives birth to a child does not always mean that person is a fit parent for that child. In cases where abuse and neglect occurs, one parent may bring a motion to terminate the other parent’s parental rights (or a state agency may do so). Bringing a motion does… Read More »
Does Having A Disability Mean Losing Custody?
The popular perception of disabled people is that they can handle very little in terms of responsibilities. This is absolutely a misconception. Generally, disabled people can do anything that an able-bodied person can. This is often especially true for veterans, who may face neglect and discrimination due to a physical disability. Many disabled people… Read More »
Custody Of Children Born To Unmarried Parents
More and more U.S. residents are making the choice in recent years not to marry. However, this does not mean that they have chosen not to have children. Correspondingly, many more children are being born to unmarried persons. This opens up multiple questions regarding paternity, custody, support and the like. It is extremely important… Read More »
How Does A Nevada Divorce Actually Work?
For a variety of reasons, many people have a somewhat inaccurate view of how divorce actually works. This is especially true in Nevada, given the pop culture depiction of the state as a place where divorce is very easy. As in every state, a divorce is a proceeding that is taken very seriously. If… Read More »