Fillable COURT CODE: OPPS Self-Represented DISTRICT COURT CLARK COUNTY, (Family Law Self Help Center)

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COURT CODE: OPPS Self-Represented DISTRICT COURT CLARK COUNTY, (Family Law Self Help Center)

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© 2020 Family Law Self-Help Center Opposition to Modify Child Support/Alimony
* You are responsible for knowing the law about your case. For more information on the law, this form, and free
classes, visit www.familylawselfhelpcenter.org or the Family Law Self Help Center at 601 N. Pecos Road. To find
an attorney, call the State Bar of Nevada at (702) 382-0504.
1
COURT CODE: OPPS
Your Name:
Address:
Telephone:
Email Address:
Self-Represented
DISTRICT COURT
CLARK COUNTY, NEVADA
________________________________
Plaintiff,
vs.
________________________________
Defendant.
CASE NO.: ____________________
DEPT: ____________________
DATE OF HEARING: ___________
TIME OF HEARING: ____________
Optional: If an in-person hearing is not currently
set, would you like one? ( check one, the
clerk will set a hearing if needed)
Yes. Hearing Date: ______________
Hearing Time: ______________
No.
OPPOSITION TO MOTION TO MODIFY CHILD SUPPORT AND/OR SPOUSAL
SUPPORT AND COUNTERMOTION
(Your name) _________________________________ files this Opposition and Countermotion
to the motion for an order modifying child support and/or spousal support.
Financial Disclosure Form (“FDF”) Certification ( check one)
❑ I filed a FDF in the last 6 months and have no material changes to report.
❑ I understand that I must file my FDF within 3 days of filing this opposition to support /
oppose a request to modify support. Failure to file a timely, complete, and accurate FDF
may result in the court ruling against me and/or imposing sanctions.
Page 2 of 6 – Opposition to Modify Child Support / Alimony
POINTS AND AUTHORITIES
LEGAL ARGUMENT
A child support order must be reviewed by the court every three years upon request of a
parent or guardian. A child support order may be reviewed at any time on the basis of changed
circumstances. A change in 20% or more in the gross monthly income of a person subject to a
child support order shall be deemed changed circumstances. NRS 125B.145.
An order for alimony may be modified on the basis of changed circumstances. A change
in 20% or more in the gross monthly income of a person ordered to pay alimony shall be deemed
changed circumstances. In addition to any other factors the court finds relevant, the court shall
consider whether the income of the spouse ordered to pay alimony, as indicated on the spouse’s
federal tax return from the previous year, has been reduced to such a level that the spouse is
financially unable to pay the amount ordered. NRS 125.150.
OPPOSITION AND COUNTERMOTION
A. Opposition & Countermotion to Modify Child Support
Not Applicable (☒check if not applicable and go to Section B)
1. Current Child Support Order.
(Name of parent) ______________________________ is currently ordered to pay (amount)
$_______ per month in child support for (number) ____ minor children.
2. Current Physical Custody Order.
Child’s Name: Date of
Birth
Current Physical Custody Order:
❑ Joint physical custody
❑ I have Primary/Sole physical custody
❑ Other parent has Primary/Sole physical custody
❑ Joint physical custody
❑ I have Primary/Sole physical custody
❑ Other parent has Primary/Sole physical custody
❑ Joint physical custody
❑ I have Primary/Sole physical custody
❑ Other parent has Primary/Sole physical custody
❑ Joint physical custody
❑ I have Primary/Sole physical custody
❑ Other parent has Primary/Sole physical custody
Page 3 of 6 – Opposition to Modify Child Support / Alimony
3. Modification. (☒check one)
❑ I agree to the other parent’s request to change child support. (STOP. Go to Section B)
❑ I disagree with the other parent’s requested changes. Child support should not be changed
because (explain):
❑ I would like child support changed. My reasons are listed below.
4. Public Assistance. (☒check one)
❑ I have never received Temporary Assistance for Needy Families (TANF).
❑ I am now or have received Temporary Assistance for Needy Families (TANF) in the past.
5. Parties’ Income.
My gross monthly income is (insert amount): $_________ / OR ❑ unknown.
The other parent’s gross monthly income is (insert amount): $_________ / OR ❑ unknown.
6. Reason for Modification. I want child support modified because: (☒check all that apply)
❑ The gross monthly income of the person paying child support has changed by more than
20% since the last child support order was entered.
❑ It has been more than three years since child support was last reviewed.
❑ The following child(ren) has/have emancipated (write name(s)):
______________________________________________________________________
❑ The parties are not following the custodial schedule on which child support was based:
(explain the custodial schedule you have been following): _________________________
________________________________________________________________________
________________________________________________________________________
It is in the children’s best interest to modify child support because (tell the judge why it is in
the children’s best interest to change child support): _____________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Page 4 of 6 – Opposition to Modify Child Support / Alimony
7. Amount Requested. Child support should be changed so that (name of parent who should
pay child support) ____________________________ pays: (☒check one)
❑ $________ per month in child support.
❑ I’m not sure how much child support should be paid. The judge should set child support.
❑ Other (explain how much child support should be ordered and how you came up with the
amount of child support): ___________________________________________________
________________________________________________________________________
8. Child Care. Are there child care expenses? (☒ check one)
No, there are no child care costs for either parent.
Yes, the monthly child care costs for the child(ren) are: $_________. This amount
should be paid by me only the other parent only both parents equally.
9. Medical Coverage. Medical support (medical, vision, and/or dental) must be provided for
the child(ren). How should the children get medical support/insurance? (☒ check one)
Medicaid.
Private / Employer Insurance. The monthly premium should be paid by me only
the other parent only both parents equally.
Other:
B. Opposition & Countermotion to Modify Spousal Support
Not Applicable (☒
check if not applicable and go to Section C)
10. Current Spousal Support Order.
(Name of party paying spousal support) _________________________________ is currently
ordered to pay (amount) $_________ per month in spousal support.
11. Modification. (☒check one)
❑ I agree to the other party’s request to change spousal support. (STOP. Go to Section C)
❑ I disagree with the other party’s requested changes. Spousal support should not be
changed because (explain):
❑ I would like spousal support changed. My reasons are listed below.
Page 5 of 6 – Opposition to Modify Child Support / Alimony
12. Parties’ Income.
My gross monthly income is (insert amount): $_________ / OR ❑ unknown.
The other party’s gross monthly income is (insert amount): $_________ / OR ❑ unknown.
13. Modification. Spousal support should be modified because: (☒check all that apply)
❑ The gross monthly income of the person paying spousal support has changed by more
than 20% since the last spousal support order was entered.
❑ I am required to pay spousal support, but my income has been reduced to such a level that
I am financially unable to pay the amount of spousal support ordered. I will submit my
federal tax return for the last year for the Court’s review.
❑ The person receiving spousal support has remarried.
❑ The person receiving spousal support is now deceased.
❑ Other:
14. Amount Requested.
Spousal support should be modified so that (name of person who should pay spousal support)
_____________________________ pays (amount) $_______ per month in spousal support.
C. Other Relief
15. In addition to the relief requested above, I would like the Court to also order the following:
(Explain anything else that you would like the judge to order, or enter “N/A” if you do not
want anything else. Be specific.)
Page 6 of 6 – Opposition to Modify Child Support / Alimony
I respectfully ask the Court to deny the opposing party’s motion and grant me the relief requested
above, including an award of attorney’s fees if I am able to retain an attorney for this matter, and
any other relief the Court finds appropriate.
DATED _____________________________, 20____.
Submitted By: (your signature)
(print your name)
DECLARATION IN SUPPORT OF OPPOSITION TO MODIFY CHILD SUPPORT
AND/OR SPOUSAL SUPPORT
I declare, under penalty of perjury:
a. I have read the foregoing opposition, and the factual averments it contains are true and
correct to the best of my knowledge, except as to those matters based on information and
belief, and as to those matters, I believe them to be true. Those factual averments contained
in the referenced filing are incorporated here as if set forth in full.
b. Any Exhibit(s) in support of this Opposition will be filed separately in an Exhibit Appendix.
I declare under penalty of perjury under the law of the State of Nevada that the foregoing
is true and correct.
DATED _____________________________, 20____.
Submitted By: (your signature)
(print your name)
/s/
/s/
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COURT CODE: OPPS Self-Represented DISTRICT COURT CLARK COUNTY, (Family Law Self Help Center)

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Completed 15 January 2021

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