Nevada Supreme Court, 2015

Morris v. Morris (Child Custody)

Morris v. Morris (Child Custody)
Nevada Supreme Court · Decided July 23, 2015

Morris v. Morris (Child Custody)

Opinion

timeshare is limited to the school year, appellant receives an offset of additional time during the summer, and testimony before the district court indicated the older child's grades suffered because of the divorce, appellant is not involved with the child's education, and homework was not completed when the child was with appellant. Additionally, although appellant made allegations about a potential sex offender having access to the children, appellant presented no evidence establishing that the person was a sex offender or that the district court's custody schedule would put the children in contact with that person.

Appellant also challenges his $250-per-month child support obligation, arguing that the district court incorrectly calculated his income and failed to consider that respondent was living rent-free. The district court found appellant's testimony about his income not credible and based the child support amount on what it found to be appellant's actual income.

This court will not reweigh conflicting evidence or assess witness credibility, Ellis, 123 Nev. at 152, 161 P.3d at 244, and here, substantial evidence supports the district court's finding regarding appellant's income, see id. at 149, 161 P.3d at 242. As to appellant's argument that respondent's rent-free residence should have been considered when calculating child support, living rent-free does not affect gross income and is thus irrelevant under the statutory formula for calculating child support. See NRS 125B.070 (defining gross income and providing presumptive child support amounts based on gross income).

SUPREME COURT OF NEVADA (0) 1947A Finally, appellant argues that the district court abused its discretion when it granted respondent exclusive possession of the marital home and ordered her to make her best efforts to remove appellant from the mortgage. We conclude that the district court order is unclear as to the parties' respective interests in the marital home and associated mortgage obligation, and we remand for clarification of the divorce decree as to this issue. We affirm the divorce decree in all other respects.

It is so ORDERED.

J.

Piek.(24 clip , J.

Pickering

cc: Hon. Vincent Ochoa, District Judge Lansford W. Levitt, Settlement Judge Prokopius & Beasley Black & LoBello Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) (947A e

Case-law data current through December 31, 2025. Source: CourtListener bulk data.