Family Law

Following are questions that arise frequently and the corresponding answers in plain English. It is not the intention of this web site to provide legal advice specific to any individual problem; if you have a problem, you should see a licensed attorney to discuss your particular case. The law offices of Roderic A. Carucci are not creating an attorney client relationship through the use or reference to this website.

Q. Is Nevada a community property state?
A. Yes.

Q. What is community property?
A. Any property acquired by either husband or wife during marriage is community property except property acquired by gift, bequest, devise, descent or by an award for personal injury damages, along with the rents, issues and profits derived from this separate property.

Q. Is the necklace I owned prior to marriage my sole and separate property?
A. If you owned the property outright with no loans or encumbrances which were paid from community income during marriage, then this remains your sole and separate property.

Q. I owned a house prior to marriage. There is a mortgage on the property and we have made payments on the house during the marriage from our joint checking account. We have also made improvements to the house during our marriage which were paid for from our joint checking account. The house remains titled to my husband as it was prior to marriage. Do I have any community interest in this house?
A. Yes you probably do have a community interest in the house, the amount of which is a complicated legal matter. You need to see a lawyer.

Q. Does Nevada recognize common law marriages?
A. No.

Q. I am the primary physical custodian of my minor child. I want to relocate to California with my new husband and my minor child as my husband has been transferred by his employer. Do I need permission to leave Nevada with my child?
A. Yes. Nevada law requires that you first request written permission from your ex-spouse to relocate. Such an agreement should provide for alternative visitation and the allocation of costs of visitation. Should the non-custodial parent refuse to grant permission to relocate outside of Nevada, then you must request permission from the court by means of filing a motion seeking to remove from Nevada. Failure to adhere to these statutory provisions could be used against you in a future custody battle with your ex-spouse.

Q. Do I need permission from my ex-spouse to relocate to Las Vegas with my minor child?
A. No. This is a destination within the State of Nevada. However, some provision should be made for modified visitation either by agreement or by filing a motion with the court for determination of the matter.

Q. I am the non-custodial parent, how much will I have to pay for child support?
A. The amount of child support in Nevada, in most cases, is set by statute. Child support for one child is 18% of gross income to the statutory cap, which is changed each year on July 1st. For two children, child support is 25% of gross income to the statutory cap. Minimum child support is $100 per month per child. There are additional schedules for more than 2 children. Judges must make special written findings to deviate from this formula.

Q. What is child stealing?
A. Anyone who has no right to a child or a person having a limited right of custody (for example, visitation as provided by a court order or decree of divorce) to a child who detains, conceals or removes the child from a parent or other person having custody or defined visitation, or who removes the child from the jurisdiction of the court is guilty of a felony. This is a very serious issue. Do not take a child without permission. If you have visitation rights and take the child without permission at some other time, this can subject you to prosecution for a felony, even if it is your own child.

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