Nevada’s child support statute allows the court to deviate from the statutory formula for certain enumerated reasons; one of which being “Any other necessary expenses for the benefit of the child.” These statutes were designed to produce child support orders “adequate to the child’s needs” and “fair to both parents[.]”
Automobile insurance, which is required by law, may be covered by an upward deviation in child support. Nevada law obligates parents to “provide … necessary maintenance, health care, education and support” to their children. A custodial parent may recover from a noncustodial parent “a reasonable portion” of any costs necessary for the care of a child.
A New Jersey court noted that the National Safety Council has found:
(a) motor vehicle accidents are the leading cause of death for teens in the United States; (b) the most dangerous time of a teen driver’s life is the first twelve months after receiving a license; and (c) a teen driver’s crash risk is three times that of drivers twenty and older.
The evidence shows that the period in which a minor child obtains his or her driver’s license is a dangerous time, and automobile insurance is crucial during this time to protect children and the Nevada public. The cost of car insurance is often more costly than other child-related expenses, and it is consistent with Nevada’s public policy that both parents contribute to the care of their children by sharing the cost of automobile insurance.
Nevada’s child support statute allows for an order for an upward deviation in child support to account for automobile insurance costs. Automobile insurance, required under Nevada law, is a necessary expense for the benefit of the child and both parents should contribute to this necessary expense.