NRS
125B.110 Support of child with handicap beyond age of majority.
1. A parent shall support beyond the age
of majority his or her child with a handicap until the child is no longer
handicapped or until the child becomes self-supporting. The handicap of the
child must have occurred before the age of majority for this duty to apply.
2. For the purposes of this section, a
child is self-supporting if the child receives public assistance beyond the age
of majority and that assistance is sufficient to meet the child’s needs.
3. This section does not impair or
otherwise affect the eligibility of a person with a handicap to receive
benefits from a source other than his or her parents.
4. As used in this section, “handicap”
means an inability to engage in any substantial gainful activity by reason of
any medically determinable physical or mental impairment which can be expected
to result in death or which has lasted or can be expected to last for a
continuous period of not less than 12 months.
(Added to NRS by 1987,
2268; A 1991,
1336)
Notes of Decisions
Cited in
9
cases (
2 in the last 5 years), 1991–2023 · leading case:
Edgington v. Edgington, 80 P.3d 1282 (Nev. 2003).
Edgington v. Edgington, 80 P.3d 1282 (Nev. 2003).
· cites it 3× “2 Nevada’s Legislature has created a statutory exception to this general rule; under NRS 125B.110, Nevada’s handicapped child support statute, parents must support a handicapped child beyond majority if the child cannot support himself or herself because of a qualifying…”
Scott v. Scott, 822 P.2d 654 (Nev. 1991).
· cites it 5× “070, and that Brian’s support of Angela be continued beyond the age of majority until she is no longer handicapped or until she becomes self-supporting, in accordance with NRS 125B.110. On May 26, 1989, the parties entered into a stipulation providing that child support be…”
Greco v. United States, 893 P.2d 345 (Nev. 1995).
· cites it 2× “Sundi Greco correctly observes that Nevada law requires the parents of a handicapped child to support that child beyond the age of majority if the child cannot support itself.”
Minnear v. Minnear, 814 P.2d 85 (Nev. 1991).
· cites it 3× “This order was made pursuant to NRS 125B.110(1). [1] The referee also found that appellant was willfully underemployed and, pursuant to NRS 125B.”
Hays v. Alexander, 114 So. 3d 704 (Miss. 2013).
“340 (4); Nev.Rev.Stat. Ann. § 125B.110; N.H.Rev.Stat.”
Davitian-Kostanian v. Kostanian (Nev. 2023).
· cites it 10× “The plain language of NRS 125B.110 does not require the movant to immediately seek continuing child support when the child reaches the age of the majority, nor does it impose a time limit for a parent or dependent adult child to seek a support order.”
Gonzalez, Jr. Vs. Gonzalez, 481 P.3d 1257 (Nev. 2021).
· cites it 2× “Substantial evidence also supports the district court's finding that the neuropsychological evaluation the child received when he was nine years SUPREME COURT OF NEVADA MI 1947A 4115a, old qualified as a medical diagnosis of autism, even if the evaluation noted the child's…”
— Nev. Rev. Stat. § 125B.110(1) — 2 cases
Minnear v. Minnear, 814 P.2d 85 (Nev. 1991).
“This order was made pursuant to NRS 125B.110(1). [1] The referee also found that appellant was willfully underemployed and, pursuant to NRS 125B.”
Davitian-Kostanian v. Kostanian (Nev. 2023).
“The plain language of NRS 125B.110 does not require the movant to immediately seek continuing child support when the child reaches the age of the majority, nor does it impose a time limit for a parent or dependent adult child to seek a support order.”
— Nev. Rev. Stat. § 125B.110(2) — 1 case
Davitian-Kostanian v. Kostanian (Nev. 2023).
“The plain language of NRS 125B.110 does not require the movant to immediately seek continuing child support when the child reaches the age of the majority, nor does it impose a time limit for a parent or dependent adult child to seek a support order.”
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