"Backman v. Gelbman [State of Nevada], 141 Nev. Adv. Op. 8 (Feb. 13, 20" by Austin Cassell
 

Austin Cassell

Document Type

Case Summary

Publication Date

2-13-2024

Case Synopsis

This case pertains to the determination of which child support order controls the calculation of a 20-percent change in income in NRS 125B.145(4). Under this statute, the district court is required to conduct a review of the child support order when the obligor parent’s gross monthly income changes by at least 20-percent. In interpretating NRS 125.145(4), the district court did not require a review hearing when a 20-percent change in income had not occurred since the most recent hearing. However, the Supreme Court held that a proper interpretation of the statute’s limit on judicial discretion requires mandatory review when a 20-percent change has occurred from the time of the last substantive order which set forth the child support obligation. Additionally, the Supreme Court clarifies that prima facie evidence is the standard for determining whether sufficient evidence exists to prove these changed circumstances.

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