Kelleher & Kelleher - Las Vegas Family Law Attorneys

The Nevada Legislature either chose or neglected, depending on your viewpoint, to provide any mathematical formula for alimony calculations.  Instead, family court judges are to weigh various factors, from the length of the marriage to the age of the parties, use their discretion and determine an alimony amount and duration of payment.  In general this makes some sense, although every family law litigant, the person in the divorce, wants to know how much they will be paying or receiving. The bottom line answer: It depends upon the judge assigned to your case.

While everyone can agree that in a marriage lasting forty (40)  years where the husband obtained a Nobel Laureate for science and seven Ph.D.s while Mom with a GED stayed home to take care of eleven (11) children, two of whom had special needs, is an alimony case, no one can really agree as to the proper amount of support.  Dad often wants a minimum amount arguing that Mom can now run a daycare, or laundry service, or remarry. Conversely, Mom wants all of Dad’s future hopes and dreams, and income awarded to her.  In a forty (40) year marriage the issue is relatively simple. Alimony will last a long time, and will keep to the extent possible, Mom in a lifestyle close to the the lifestyle she led for the last forty (40) years.

The more troublesome question is a marriage that only lasted four (4) years with no children. Assume an enormous disparity in income, but also consider that Wife is relatively young and educated. Consider this same Wife who did move across the country and left a tremendous job behind believing the marriage would last forever and to support her Husband’s career. What alimony award, if any, should this Wife receive?  Is the dismal economy in Nevada a factor in any potential award?  Is Wife simply in a tough luck situation?  Does any of the issues Wife may raise bring fault, however, subtly, into an equation of a “no fault” state. Just food for thought? Depending on the judge assigned to your case, the answer varies greatly.

As a side note,  a common strategy in the short marriage with a great disparity in income is to dilate, delay, postpone, and obfuscate the issues and the case. During the interim, ask the court to award spousal support and other financial benefits while the case proceeds through discovery. But assuming such a strategy succeeds, is it fair and ethical? Would Nevada simply benefit from a complicated but certain formula for alimony?

My wife and I are foster parents in Clark County and  also practice in the area of family law. In the family court when two parents are fighting over custody of the children the applicable standard is the best interest of the child.  Often the two parents are both solid citizens who provide love, financial assistance and a safe home for children. The court is left with the inevitable task of deciding in reality the “better interest” of the children. In short, sometimes mundane things like a work schedule or who does the laundry and buys the groceries makes the difference.  Both parents are fit, but one parent offers a better situation for the children. Once a parent is determined to be the primary custodian  a number of things flow: child support, tax credits, and an ability to relocate out of state in certain instances.

Unlike the family court (divorce division), Child Protective Services (CPS) is working from a minimal standard. Are the children safe or likely to be the victim’s of abuse or neglect? CPS exercises a tremendous authority and responsibility: the removal of children from a parent’s home. The intersect between the two models of best interest versus the minimal standard of immediate harm causes tremendous problems in the family court.

CPS investigators perceive, and rightfully so, that a call from one parent against another parent during a contested custody case may well be problematic. There may be what is sometimes referred to as a secondary gain considerations.  On the other hand, a parent who tells the family court judge presiding in the divorce case about accusations of abuse or neglect is always queried as to why a complaint was not made to CPS.

CPS must investigate by statute every claim made to it about abuse or neglect. But what any divorce litigant must understand is that while a child may be receiving less care or less nutrition than optimally hoped that doesn’t equate with abuse or neglect. CPS is a blunt instrument meeting minimal needs of safety and education while in theory the family court is a laser focusing on the best situation for the children between competing parents, grandparents, or even step-parents.