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Why Is Alimony So Unpredictable In Nevada?

On Behalf of | Jun 24, 2015 | Our Blog

Child support involves minimal conflict because of NRS 125B that imposes a presumptive amount of child support based on the gross income of the payor parent.  Under NRS 125.150, community property must be divided equally absent a compelling reason.  Then, there is alimony.  There is no generally accepted formula for an alimony award.  The Nevada Supreme Court has implicitly discouraged the use of formula for alimony through child support cases.   Every judge views alimony differently and each judge’s award can be drastically different.  The same judge, with similar facts, on a different day, could award a different alimony award.  How does this serve anyone’s best interests?  With 20 different family court judges, it is difficult for even the seasoned divorce lawyer to advise his or her client as to what alimony will be.  When negotiating alimony, counsel have no clear guidelines.  When you take an alimony issue to trial, you are playing Russian Roulette.

Although alimony can be difficult to predict, you must insist that your attorney give you a clear, written estimate of what your alimony award or obligation may be, before spending thousands of dollars having a judge determine the amount.

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