Nevada divorce statutes § NRS 125.010 Causes
for divorce.
1. Insanity existing for 2 years prior to the commencement of the action. Upon this
cause of action the court, before granting a divorce, shall require corroborative evidence of the insanity of the defendant
at that time, and a decree granted on this ground shall not relieve the successful party from contributing
to the support and maintenance of the defendant, and the court may |
require the plaintiff in such action to give bond therefore in an
amount to be fixed by the court.
2. When the husband and wife
have lived separate and apart for 1 year without cohabitation the court may, in its discretion, grant an absolute decree
of divorce at the suit of either party.
3. Incompatibility.
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Nevada divorce statutes § NRS 125.040 Orders
for support and cost of suit during pendency of action.
1. In any suit for divorce the court may, in its discretion, upon application by
either party and notice to the other party, require either party to pay moneys necessary to assist the other party in accomplishing
one or more of the following:
(a) To provide temporary maintenance for the other party;
(b)
To provide temporary support for children of the parties; or
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(c) To enable the other party to
carry on or defend such suit.
2. The court may make any order affecting property of the
parties, or either of them, which it may deem necessary or desirable to accomplish the purposes of this section. Such orders
shall be made by the court only after taking into consideration the financial situation of each of the parties.
3. The
court may make orders pursuant to this section concurrently with orders pursuant to NRS
125.470.
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Nevada divorce statutes § NRS 125.150 Alimony
and adjudication of property rights; award of attorney’s fee
Except as otherwise provided in NRS 125.155 and unless the action is
contrary to a premarital agreement between the parties which is enforceable pursuant to chapter
123A of NRS:
1. In granting a divorce, the court:
(a) May award such
alimony to the wife or to the husband, in a specified principal sum or as specified periodic payments, as appears just and
equitable; and
(b) Shall, to the extent practicable, make an equal disposition of the community
property of the parties, except that the court may make an unequal disposition of the community property in such proportions
as it deems just if the court finds a compelling reason to do so and sets forth in writing the reasons for making the unequal
disposition.
2. Except as otherwise provided in this subsection, in granting a divorce,
the court shall dispose of any property held in joint tenancy in the manner set forth in subsection 1 for the disposition
of community property. If a party has made a contribution of separate property to the acquisition or improvement of property
held in joint tenancy, the court may provide for the reimbursement of that party for his or her contribution. The amount
of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition
or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value
of the property held in joint tenancy. The amount of reimbursement must not exceed the value, at the time of the disposition,
of the property held in joint tenancy for which the contribution of separate property was made. In determining whether to
provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider:
(a)
The intention of the parties in placing the property in joint tenancy;
(b) The length of the
marriage; and
(c) Any other factor which the court deems relevant in making a just and equitable
disposition of that property.
» As used in this subsection, “contribution” includes, without limitation,
a down payment, a payment for the acquisition or improvement of property, and a payment reducing the principal of a loan
used to finance the purchase or improvement of property. The term does not include a payment of interest on a loan used to
finance the purchase or improvement of property, or a payment made for maintenance, insurance or taxes on property.
3. Except
as otherwise provided in NRS 125.141,
whether or not application for suit money has been made under the provisions of NRS
125.040, the court may award a reasonable attorney’s fee to either party to an action for divorce if those fees
are in issue under the pleadings.
4. In granting a divorce, the court may also set apart such portion of the husband’s
separate property for the wife’s support, the wife’s separate property for the husband’s support or the
separate property of either spouse for the support of their children as is deemed just and equitable.
5. In
the event of the death of either party or the subsequent remarriage of the spouse to whom specified periodic payments were
to be made, all the payments required by the decree must cease, unless it was otherwise ordered by the court.
6. If
the court adjudicates the property rights of the parties, or an agreement by the parties settling their property rights has
been approved by the court, whether or not the court has retained jurisdiction to modify them, the adjudication of property
rights, and the agreements settling property rights, may nevertheless at any time thereafter be modified by the court upon
written stipulation signed and acknowledged by the parties to the action, and in accordance with the terms thereof.
7. If
a decree of divorce, or an agreement between the parties which was ratified, adopted or approved in a decree of divorce,
provides for specified periodic payments of alimony, the decree or agreement is not subject to modification by the court
as to accrued payments. Payments pursuant to a decree entered on or after July 1, 1975, which have
not accrued at the time a motion for modification is filed may be modified upon
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a showing of changed circumstances, whether
or not the court has expressly retained jurisdiction for the modification. In addition to any other factors the court considers
relevant in determining whether to modify the order, the court shall consider whether the income of the spouse who is ordered
to pay alimony, as indicated on the spouse’s
federal income tax return for the preceding calendar year, has been reduced to such a level that the spouse is financially
unable to pay the amount of alimony the spouse has been ordered to pay.
8. In addition
to any other factors the court considers relevant in determining whether to award alimony and the amount of such an award,
the court shall consider:
(a) The financial condition of each spouse;
(b) The nature and
value of the respective property of each spouse;
(c) The contribution of each spouse to any
property held by the spouses pursuant to NRS
123.030;
(d) The duration of the marriage;
(e) The income, earning capacity,
age and health of each spouse;
(f) The standard of living during the marriage;
(g) The career
before the marriage of the spouse who would receive the alimony;
(h) The existence of specialized
education or training or the level of marketable skills attained by each spouse during the marriage;
(i)
The contribution of either spouse as homemaker;
(j) The award of property granted by the court
in the divorce, other than child support and alimony, to the spouse who would receive the alimony; and
(k)
The physical and mental condition of each party as it relates to the financial condition, health and ability to work of that
spouse.
9. In granting a divorce, the court shall consider the need to grant alimony
to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any
other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:
(a)
Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and
(b)
Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or
education.
10. If the court determines that alimony should be awarded pursuant to the
provisions of subsection 9:
(a) The court, in its order, shall provide for the time within
which the spouse who is the recipient of the alimony must commence the training or education relating to a job, career or
profession.
(b) The spouse who is ordered to pay the alimony may, upon changed circumstances,
file a motion to modify the order.
(c) The spouse who is the recipient of the alimony may be
granted, in addition to any other alimony granted by the court, money to provide for:
(1)
Testing of the recipient’s skills relating
to a job, career or profession;
(2) Evaluation of
the recipient’s abilities
and goals relating to a job, career or profession;
(3)
Guidance for the recipient in establishing a specific plan for training or education relating to a job, career or profession;
(4)
Subsidization of an employer’s costs
incurred in training the recipient;
(5) Assisting
the recipient to search for a job; or
(6) Payment
of the costs of tuition, books and fees for:
(I)
The equivalent of a high school diploma;
(II)
College courses which are directly applicable to the recipient’s goals for his or her career; or
(III)
Courses of training in skills desirable for employment.
11. For the purposes of this
section, a change of 20 percent or more in the gross monthly income of a spouse who is ordered to pay alimony shall be deemed
to constitute changed circumstances requiring a review for modification of the payments of alimony. As used in this subsection, “gross
monthly income” has the
meaning ascribed to it in NRS 125B.070.
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Nevada divorce statutes § SEPARATE
MAINTENANCE NRS 125.190 Action by spouse for permanent support and maintenance.
When a person has any cause of action for divorce or when a person has been deserted and the desertion has continued
for 90 days, the person may, without applying for a divorce, maintain in the district court an action against his or her
spouse for permanent support and maintenance of himself or herself and their children.
Nevada divorce statutes NRS 125.230 Orders
concerning custody, control and support of minor children; duties of court concerning social security numbers of parties.
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1. The court in such actions
may make such preliminary and final orders as it may deem proper for the custody, control and support of any minor child
or children of the parties.
2. A court that enters an order pursuant to subsection 1 for the support of any minor
child or children shall ensure that the social security numbers of the parties are provided to the Division of Welfare and
Supportive Services of the Department of Health and Human Services.
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Nevada divorce statutes § NRS 125.480 Child
custody. Best
interests of child; preferences
1. In determining custody of a minor child in an action brought under this chapter,
the sole consideration of the court is the best interest of the child. If it appears to the court that joint custody would
be in the best interest of the child, the court may grant custody to the parties jointly.
2. Preference
must not be given to either parent for the sole reason that the parent is the mother or the father of the child.
3. The
court shall award custody in the following order of preference unless in a particular case the best interest of the child
requires otherwise:
(a) To both parents jointly pursuant to NRS
125.490 or
to either parent. If the court does not enter an order awarding joint custody of a child after either parent has applied
for joint custody, the court shall state in its decision the reason for its denial of the parent’s application.
(b)
To a person or persons in whose home the child has been living and where the child has had a wholesome and stable environment.
(c)
To any person related within the fifth degree of consanguinity to the child whom the court finds suitable and able to provide
proper care and guidance for the child, regardless of whether the relative resides within this State.
(d)
To any other person or persons whom the court finds suitable and able to provide proper care and guidance for the child.
4. In
determining the best interest of the child, the court shall consider and set forth its specific findings concerning, among
other things:
(a) The wishes of the child if the child is of sufficient age and capacity to
form an intelligent preference as to his or her custody.
(b) Any nomination by a parent or
a guardian for the child.
(c) Which parent is more likely to allow the child to have frequent
associations and a continuing relationship with the non custodial parent.
(d) The level of conflict
between the parents.
(e) The ability of the parents to cooperate to meet the needs of the child.
(f)
The mental and physical health of the parents.
(g) The physical, developmental and emotional
needs of the child.
(h) The nature of the relationship of the child with each parent.
(i)
The ability of the child to maintain a relationship with any sibling.
(j) Any history of parental
abuse or neglect of the child or a sibling of the child.
(k) Whether either parent or any other
person seeking custody has engaged in an act of domestic violence against the child, a parent of the child or any other person
residing with the child.
(l) Whether either parent or any other person seeking custody has
committed any act of abduction against the child or any other child.
5. Except as otherwise provided in subsection
6 or NRS
125C.210, a determination by the court after an evidentiary hearing and finding by clear and convincing evidence that
either parent or any other person seeking custody has engaged in one or more acts of domestic violence against the child,
a parent of the child or any other person residing with the child creates a rebuttable presumption that sole or joint custody
of the child by the perpetrator of the domestic violence is not in the best interest of the child. Upon making such a determination,
the court shall set forth: (a) Findings of fact that support the determination that one or
more acts of domestic violence occurred; and
(b) Findings that the custody or visitation arrangement ordered by the court adequately protects
the child and the parent or other victim of domestic violence who resided with the child.
6. If after an evidentiary hearing held pursuant to subsection 5 the court determines
that each party has engaged in acts of domestic violence, it shall, if
possible, then determine which person was the primary physical aggressor.
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In determining which party was the primary physical
aggressor for the purposes of this section, the court shall consider:
(a) All prior acts of domestic violence involving either party;
(b) The relative severity of the injuries, if any, inflicted
upon the persons involved in those prior acts of domestic violence;
(c) The likelihood of future
injury;
(d) Whether, during the prior acts, one of the parties acted in self-defense; and
(e)
Any other factors which the court deems relevant to the determination.
» In such a case, if it is not possible
for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection
5 applies to both parties. If it is possible for the court to determine which party is the primary physical aggressor, the
presumption created pursuant to subsection 5 applies only to the party determined by the court to be the primary physical
aggressor.
7. A determination by the court after an evidentiary hearing and finding by
clear and convincing evidence that either parent or any other person seeking custody has committed any act of abduction against
the child or any other child creates a rebuttable presumption that sole or joint custody or unsupervised visitation of the
child by the perpetrator of the abduction is not in the best interest of the child. If the parent or other person seeking
custody does not rebut the presumption, the court shall not enter an order for sole or joint custody or unsupervised visitation
of the child by the perpetrator and the court shall set forth:
(a) Findings of fact that support
the determination that one or more acts of abduction occurred; and
(b) Findings that the custody
or visitation arrangement ordered by the court adequately protects the child and the parent or other person from whom the
child was abducted.
8. For purposes of subsection 7, any of the following acts constitute
conclusive evidence that an act of abduction occurred:
(a) A conviction of the defendant of
any violation of NRS
200.310 to 200.340, inclusive, or 200.359 or
a law of any other jurisdiction that prohibits the same or similar conduct;
(b) A plea of guilty
or nolo contendere by the defendant to any violation of NRS
200.310 to 200.340, inclusive, or 200.359 or
a law of any other jurisdiction that prohibits the same or similar conduct; or
(c) An admission
by the defendant to the court of the facts contained in the charging document alleging a violation of NRS
200.310 to 200.340,
inclusive, or 200.359 or a law of any other jurisdiction that prohibits
the same or similar conduct.
9. If, after a court enters a final order concerning custody
of the child, a magistrate determines there is probable cause to believe that an act of abduction has been committed against
the child or any other child and that a person who has been awarded sole or joint custody or unsupervised visitation of the
child has committed the act, the court shall, upon a motion to modify the order concerning custody, reconsider the previous
order concerning custody pursuant to subsections 7 and 8.
Nevada divorce statutes NRS 125.490 Joint custody.
1. There is a presumption, affecting the burden of proof, that joint custody would
be in the best interest of a minor child if the parents have agreed to an award of joint custody or so agree in open court
at a hearing for the purpose of determining the custody of the minor child or children of the marriage.
2. The
court may award joint legal custody without awarding joint physical custody in a case where the parents have agreed to joint
legal custody.
3. For assistance in making a determination whether an award of joint
custody is appropriate, the court may direct that an investigation be conducted.
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Nevada divorce statutes § NRS 125B.080 Child
support Amount of payment: Determination. Except as otherwise provided in NRS
425.450:
1. A court of this State shall apply the appropriate formula set forth in NRS
125B.070 to:
(a) Determine the required support in any case involving the support
of children.
(b) Any request filed after July 1, 1987, to change the amount of the required
support of children.
2. If the parties agree as to the amount of support required, the
parties shall certify that the amount of support is consistent with the appropriate formula set forth in NRS
125B.070. If the amount of support deviates from the formula, the parties must stipulate sufficient facts in accordance
with subsection 9 which justify the deviation to the court, and the court shall make a written finding thereon. Any inaccuracy
or falsification of financial information which results in an inappropriate award of support is grounds for a motion to modify
or adjust the award.
3. If the parties disagree as to the amount of the gross monthly
income of either party, the court shall determine the amount and may direct either party to furnish financial information
or other records, including income tax returns for the preceding 3 years. Once a court has established an obligation for
support by reference to a formula set forth in NRS 125B.070, any subsequent
modification or adjustment of that support, except for any modification or adjustment made pursuant to subsection 3 of NRS
125B.070 or NRS 425.450 or as a result of a review conducted pursuant
to subsection 1 of NRS 125B.145, must be based upon changed circumstances.
4. Notwithstanding
the formulas set forth in NRS
125B.070, the minimum amount of support that may be awarded by a court in any case is $100 per month per child, unless
the court makes a written finding that the obligor is unable to pay the minimum amount. Willful underemployment or unemployment
is not a sufficient cause to deviate from the awarding of at least the minimum
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amount.
5. It is presumed that
the basic needs of a child are met by the formulas set forth in NRS 125B.070.
This presumption may be rebutted by evidence proving that the needs of a particular child are not met by the applicable formula.
6. If
the amount of the awarded support for a child is greater or less than the amount which would be established under the applicable
formula, the court shall:
(a) Set forth findings of fact as to the basis for the deviation from the formula; and
(b)
Provide in the findings of fact the amount of support that would have been established under the applicable formula.
7. Expenses
for health care which are not reimbursed, including expenses for medical, surgical, dental, orthodontic and optical expenses,
must be borne equally by both parents in the absence of extraordinary circumstances.
8. If
a parent who has an obligation for support is willfully underemployed or unemployed to avoid an obligation for support of
a child, that obligation must be based upon the parent’s true potential earning
capacity.
9. The court shall consider the following factors when adjusting the amount
of support of a child upon specific findings of fact:
(a) The cost of health insurance;
(b) The cost of child care;
(c) Any special educational needs
of the child;
(d) The age of the child;
(e) The legal responsibility of the
parents for the support of others;
(f) The value of services contributed by either parent;
(g)
Any public assistance paid to support the child;
(h) Any expenses reasonably related to the
mother’s pregnancy and confinement;
(i) The cost of transportation of the child to and
from visitation if the custodial parent moved with the child from the jurisdiction of the court which ordered the support
and the non custodial parent remained;
(j) The amount of time the child spends with each parent;
(k)
Any other necessary expenses for the benefit of the child; and
(l) The relative income of both
parents.
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Nevada divorce statutes § NRS 125C.010 Order
awarding visitation rights must define rights with particularity and specify habitual residence of child.
1. Any order awarding a party a right of visitation of a minor child must:
(a)
Define that right with sufficient particularity to ensure that the rights of the parties can be properly enforced and that
the best interest of the child is achieved; and
(b) Specify that the State of Nevada or the
state where the child resides within the United States of America is the habitual residence of the child.
» The
order must include all specific times and other terms of the right of visitation.
2. As
used in this section, “sufficient particularity” means a statement
of the rights in absolute terms and not by the use of the term “reasonable” or other similar term which is susceptible
to different interpretations by the parties
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NRS 125C.020 Rights of non custodial parent: Additional
visits to compensate for wrongful deprivation of right to visit.
1. In a dispute concerning
the rights of a non custodial parent to visit his or her child, the court may, if it finds that the non custodial parent
is being wrongfully deprived of his or her right to visit, enter a judgment ordering the custodial parent to permit additional
visits to compensate for the visit of which the non custodial parent was deprived.
2. An
additional visit must be:
(a) Of the same type and duration as the wrongfully denied visit;
(b)
Taken within 1 year after the wrongfully denied visit; and
(c) At a time chosen by the non custodial
parent.
3. The non custodial parent must give the court and the custodial parent written
notice of his or her intention to make the additional visit at least 7 days before the proposed visit if it is to be on a
weekday or weekend and at least 30 days before the proposed visit if it is to be on a holiday or vacation.
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Nevada divorce statutes § NRS 125.150 Alimony
and adjudication of property rights
Except as otherwise provided in NRS 125.155 and unless the action is
contrary to a premarital agreement between the parties which is enforceable pursuant to chapter
123A of NRS:
1. In granting a divorce, the court:
(a) May award such
alimony to the wife or to the husband, in a specified principal sum or as specified periodic payments, as appears just and
equitable; and
(b) Shall, to the extent practicable, make an equal disposition of the community
property of the parties, except that the court may make an unequal disposition of the community property in such proportions
as it deems just if the court finds a compelling reason to do so and sets forth in writing the reasons for making the unequal
disposition.
2. Except as otherwise provided in this subsection, in granting a divorce,
the court shall dispose of any property held in joint tenancy in the manner set forth in subsection 1 for the disposition
of community property. If a party has made a contribution of separate property to the acquisition or improvement of property
held in joint tenancy, the court may provide for the reimbursement of that party for his or her contribution. The amount
of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition
or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value
of the property held in joint tenancy. The amount of reimbursement must not exceed the value, at the time of the disposition,
of the property held in joint tenancy for which the contribution of separate property was made. In determining whether to
provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider:
(a)
The intention of the parties in placing the property in joint tenancy;
(b) The length of the
marriage; and
(c) Any other factor which the court deems relevant in making a just and equitable
disposition of that property.
» As used in this subsection, “contribution” includes, without limitation,
a down payment, a payment for the acquisition or improvement of property, and a payment reducing the principal of a loan
used to finance the purchase or improvement of property. The term does not include a payment of interest on a loan used to
finance the purchase or improvement of property, or a payment made for maintenance, insurance or taxes on property.
3. Except
as otherwise provided in NRS 125.141,
whether or not application for suit money has been made under the provisions of NRS
125.040, the court may award a reasonable attorney’s fee to either party to an action for divorce if those fees
are in issue under the pleadings.
4. In granting a divorce, the court may also set apart
such portion of the husband’s
separate property for the wife’s support, the wife’s separate property for the husband’s support or the
separate property of either spouse for the support of their children as is deemed just and equitable.
5. In
the event of the death of either party or the subsequent remarriage of the spouse to whom specified periodic payments were
to be made, all the payments required by the decree must cease, unless it was otherwise ordered by the court.
6. If
the court adjudicates the property rights of the parties, or an agreement by the parties settling their property rights has
been approved by the court, whether or not the court has retained jurisdiction to modify them, the adjudication of property
rights, and the agreements settling property rights, may nevertheless at any time thereafter be modified by the court upon
written stipulation signed and acknowledged by the parties to the action, and in accordance with the terms thereof.
7. If
a decree of divorce, or an agreement between the parties which was ratified, adopted or approved in a decree of divorce,
provides for specified periodic payments of alimony, the decree or agreement is not subject to modification by the court
as to accrued payments. Payments pursuant to a decree entered on or after July 1, 1975, which have not accrued at the time
a motion for modification is filed may be modified upon a showing
of changed circumstances, whether or not the court has expressly retained jurisdiction for
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the modification. In addition
to any other factors the court considers relevant in determining whether to modify the order, the court shall consider whether
the income of the spouse who is ordered to pay alimony, as indicated on the spouse’s federal income tax return for
the preceding calendar year, has been reduced to such a level that the spouse is financially unable to pay the amount of
alimony the spouse has been ordered to pay.
8. In addition to any other factors the court considers relevant in determining whether
to award alimony and the amount of such an award, the court shall consider:
(a) The financial condition of each
spouse;
(b) The nature and value of the respective property of each spouse;
(c)
The contribution of each spouse to any property held by the spouses pursuant to NRS
123.030;
(d) The duration of the marriage;
(e) The income, earning capacity,
age and health of each spouse;
(f) The standard of living during the marriage;
(g) The career
before the marriage of the spouse who would receive the alimony;
(h) The existence of specialized
education or training or the level of marketable skills attained by each spouse during the marriage;
(i)
The contribution of either spouse as homemaker;
(j) The award of property granted by the court
in the divorce, other than child support and alimony, to the spouse who would receive the alimony; and
(k)
The physical and mental condition of each party as it relates to the financial condition, health and ability to work of that
spouse.
9. In granting a divorce, the court shall consider the need to grant alimony
to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any
other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:
(a)
Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and
(b)
Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or
education.
10. If the court determines that alimony should be awarded pursuant to the
provisions of subsection 9:
(a) The court, in its order, shall provide for the time within
which the spouse who is the recipient of the alimony must commence the training or education relating to a job, career or
profession.
(b) The spouse who is ordered to pay the alimony may, upon changed circumstances,
file a motion to modify the order.
(c) The spouse who is the recipient of the alimony may be
granted, in addition to any other alimony granted by the court, money to provide for:
(1)
Testing of the recipient’s skills relating
to a job, career or profession;
(2) Evaluation of
the recipient’s abilities
and goals relating to a job, career or profession;
(3)
Guidance for the recipient in establishing a specific plan for training or education relating to a job, career or profession;
(4)
Subsidization of an employer’s costs
incurred in training the recipient;
(5) Assisting
the recipient to search for a job; or
(6) Payment
of the costs of tuition, books and fees for:
(I)
The equivalent of a high school diploma;
(II)
College courses which are directly applicable to the recipient’s goals for his or her career; or
(III)
Courses of training in skills desirable for employment.
11. For the purposes of this
section, a change of 20 percent or more in the gross monthly income of a spouse who is ordered to pay alimony shall be deemed
to constitute changed circumstances requiring a review for modification of the payments of alimony. As used in this subsection, “gross
monthly income” has the
meaning ascribed to it in NRS 125B.070.
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The Nevada divorce laws that
appear here may not include all provisions of Family Law. Some
editing has occurred. You should consult the code or a Nevada divorce attorney.
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