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1. For purposes of this section, "extended visitation" means visitation between an obligor and a child living with an obligee scheduled by court order to exceed sixty of ninety consecutive nights or an annual total of one hundred sixty-four nights. PRACTICE TIP: When money is owed for both retired pay and for child support, it is usually wise to get the retired pay as property started first (even if it means sending in two DD-2293 forms, a couple weeks apart). The reason to do so is that retired pay arrears cannot be garnished from future retired pay, but arrears in child support can - through the above-described Social Security garnishment order, a support obligee can get up to 65% of total retired pay, not just the 50% available under a DD-2293 direct payment procedure. So a practitioner taking the long-term approach should get the stream of property payments established quickly, and can always go back and slowly collect the support arrears by getting a garnishment order against an additional 15%. Note that, once established, such a garnishment order can remain in place for the long haul, even if the child emancipates, and the elimination of "current" support frees up in that 65% total that allows for payment of the arrears. Faced with these alternatives, the ad hoc Section Committee that directed the drafting of this brief discussed and voted on the matter, and believed that the latter danger outweighed the former, so any decision by this Court in this case should include a prohibition against child support flowing "uphill" - i.e., from a majority time-share custodian of a child to a minority time-share custodian of a child. B> As a general proposition, spouses should try to begin receiving payments as soon as possible once the right to do so accrues. Military retired pay is not like a defined contribution plan with a specific balance;22 it is a like a defined benefit plan in that it provides a stream of payments that can be tapped for a present spousal share, but which has no mechanism for collecting property payments once they are missed. In other words, any arrears in military retirement benefits payments must be collected from the member directly; the military will not garnish for such arrearages. share based the "high three" years at the ten year point, which was $2,464.38. The formula would produce a hypothetical retirement of $616.10. Wife one would receive half of that sum ¨C $308.05, but not until after the member¡¯s actual retirement, ten years later. b) If the minority time-share parent is exercising less time than 20%. determine if guideline support was reduced bv the presumptive maximum set out in NRS 125B.070. If so. the range of potential upward deviation for this factor is the difference between the gresumptive maximum and the percentage of income for support set out in NRS 125B.070(1 )(b). If not, the range of potential deviation for this factor is based on the trial court's determination of the increased costs being incurred in the majority time-share parent's household bv virtue of the lack of the minority time-share parent's visimtion. The system has been amended several times, creating classes of PERS retirees depending upon when they accrued service credits, and when they began service. Members are credited with 2.5% of their highest average compensation during any three years (usually, their last three years) for each year of service earned before July 1, 2001; that credit increases to 2.67% for all years thereafter.1 Those that began service before July 1, 1985, can earn a maximum of 90% of their average compensation, and can accrue service credit for up to 36 years; those that began service after that date can earn up to 75% of their average compensation and can accrue service credit for up to 30 years.2 SPAN> In the Matter of Parental Rights as to T.M.C., 118 Nev. 563, 52 P.3d 934 (2002)The Court concluded termination would only serve the father’s personal financial interest, and held a parent could not voluntarily terminate his parental rights and obligations unless such termination is deemed to be in the child’s best interest, and even if the parent engages in conduct that satisfies NRS 128.105, the child’s best interests must be served by termination of parental rights for such termination to be appropriate. 1. For purposes of this section, "extended visitation" means visitation between an obligor and a child living with an obligee scheduled by court order to exceed sixty of ninety consecutive nights or an annual total of one hundred sixty-four nights. The district court failed to divide the husband’s pension. The Court noted that retirement benefits were generally divisible as community property to the extent that they were based on services performed during the marriage, whether or not the benefits were presently payable and required after remand that the wife be permitted to introduce evidence regarding the husband’s retirement plan and its relation to services performed during the marriage. Anecdotal accounts, however, indicate that some trial courts continue to be misled into ruling to the contrary, based upon an overly-expansive reading of Mansell and misplaced concerns about violating the Supremacy Clause, or simply by seeing the word "disability" and reacting without any sort of adequate inquiry into what the law is, or why. The problem with reading the statute to mean exactly what it says is that any such interpretation would be in direct conflict with the Nevada Supreme Court’s mandates in Gemma/Fondi/Sertic that the member must make direct payments to the former spouse upon eligibility for retirement, whether or not the member retires. The law on this point is so clear that, today, it would probably be malpractice to not provide for payments to the former spouse upon the employee’s eligibility for retirement. Finding that the relevant "judgment" was not the trial court determination but the final judgment achieved after appeal, the Nevada Supreme Court held that the fee-shifting provisions in the offer of judgment rules applied, and directed the district court to assess fees for all efforts, at the district and appellate levels, incurred by the offeror after the offer was made. SPAN> The rules required parties to provide information at the outset of a custody proceeding to assist the court in resolving jurisdictional issues. Specifically, each party in his or her first pleading, or in an affidavit attached to that pleading, was required to provide the court with (1) the child’s present address; (2) the place where the child had lived for the last five years; and (3) the names and addresses of persons with whom the child lived during that period. Some courts that have been quite strict about enforcing the beneficiary designation on the face of plan documents and requiring that any waivers, to be effective, must specifically refer to the spouse’s rights as a beneficiary in an ERISA plan.5 A minority of courts have refused to permit waivers of retirement benefits at all, essentially claiming that the documents executed at the time of retirement control no matter what the parties agreed to in any later divorce.6 And still other courts have exalted Another common error of courts and counsel dividing defined contribution plans is the failure to take into account the time that will pass between the agreement or court proceeding and the physical division of the account. This can be done, easily, by a few words either providing for sharing of the investment gains and losses until actual distribution, or by freezing the spousal share at a specific sum for transfer. 65279;The cases continue to appear, although some states with published authority on the subject are not publishing the follow-up cases, apparently because they were not seen as particularly precedential. As of February 4, 1991, the definition of "disposable pay" was altered by Congress to eliminate the paycenter’s deduction of income taxes from gross retired pay when calculating the sum paid to spouses.2 The change was explicitly based on the "unfairness" of the effect of the previous phrasing.3 In November 1921, the wife filed for divorce and requested sole custody of their child and for support. In February 1922, the husband bequeathed all of his property to a third person, with the express condition that she pay to his daughter, $50 per month until the daughter should emancipate. The father also bequeathed his automobile to his daughter with the condition that should she or her guardian attempt to break the will she was to receive only $5. In June 1922, the husband died. The mother then filed a petition requesting that $1,817 in insurance proceeds be collected by the executrix and be declared exempt and set apart for the daughter’s use. The district court ordered that the money be set aside for the daughter. The executrix appealed. The daughter was living with the father at the time of death. The question for the Court was the daughter a member of the father’s family.

You can find Nevada UCCJEA expert What is Considered Separate Property Including Characterization of Earnings Choosing Between A Spouse and A Former Spouse as the Proper Beneficiary of 10 USC 1408 Uniformed Services Former Spouses Protection Act The Marren and Page Case List Dimick v Dimick The Marren and Page Case List Murphy v Murphy Harris v Harris Peavey v Peav The Perversion of Bureaucratic Priorities CONCLUSION Child Custody Jurisdiction in Nevada The Dangers of REDUX Rivero v Rivero Opinion III B Uniform Child Custody Jurisdiction Act and PKPA Introduction to Nevada Divorce Law Ely prenuptial agreement attorney Divison of Military Retirement Benefits In Divorce Section V Subsection Las Vegas spousal law expert Nevada UCCJEA expert available at lvfamilylawyer.com by clicking above.

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