Child Support in North Dakota: A Guide for Beginners

Dec 17, 2021 | Family Law | 0 comments

In North Dakota, custody orders—whether for equal residential responsibility (shared parenting time) or primary residential responsibility (when one parent has more than 50% of the parenting time)—are not easily modified.

Once a court has issued an order regarding residential responsibility, changing it requires a strong legal argument. Unless the parties agree to the changes, the parent seeking modification must file a written request to the court and prove their case.

What is the Burden?

The parent seeking modification must prove the following:

Material Change in Circumstances

There must be a significant change in the child’s environment or circumstances that justifies a review of the current custody arrangement. This can include:

- - A parent relocating
  - A child’s expressed preference to live with the other parent
  - A parent’s involvement in illegal activity or domestic violence
  - Changes in the health or safety of the child
  - A child’s development needs that the current arrangement does not adequately address

These changes must have occurred after the last court order was entered. Any facts or circumstances known prior to the order do not constitute a material change in circumstances.

Adverse Effects on the Child

A material change alone is not enough. A recent string of Supreme Court rulings has heightened this burden by requiring a demonstration that the child has experienced actual harm due to the current custody arrangement. This could include:

- - Disruption in the child’s daily routine or stability
  - Withdrawal or isolation
  - Behavioral problems
  - Decline in a child’s physical and/or mental health
  - Decline in the child’s academic performance or social relationships

A mere claim of sadness, anxiety, or other emotions without accompanying evidence of actual harm or detrimental effects on the child will not be enough to justify a modification. They must be supported by tangible, documented evidence, such as medical or school records, expert evaluations, or testimony from individuals with firsthand knowledge.

Modification is Necessary to Serve the Best Interests of the Child

Even after proving a material change and tangible harm to the child, the Court must still determine whether the modification is in the child’s best interest. North Dakota requires courts to consider several factors. For a more thorough analysis of what these 13 factors entail, check out our blog on the best interest factors: https://rosenquistlawoffice.com/blog/family-law/best-interest-of-the-child-factors/.

Conclusion

If you want to modify an existing order or have questions, having an experienced family law attorney at your side can be invaluable. Please get in touch with our office at +1 (701) 775-0654 or email us at lawinfo@rosenquistlawoffice.com to schedule a free consultation today.

*The information in this article and on this website is for informational purposes only. This information is not legal advice and should not be relied upon.

In North Dakota, when a couple has a minor child and they separate or divorce, there will be a child support order. How is this calculated? See below.

(1) What Does Child Support Cover?

Child support is in place to ensure that the child is financially supported within their formative years. Child support payments are generally based upon four categories: shelter, clothing, food, and health care. Other items such as entertainment or extracurricular activities are not a “necessity” according to the child support evaluation. However, it is important to note that the parent paying child support has no say in how the parent receiving child support allocates such funds.

(2) How are Child Support Payments Calculated?

There are several factors that can impact how much a parent is ordered to pay in monthly child support. The most important factors are the type of custody arrangement (primary residential responsibility v. equal residential responsibility), number of children and income of the parents. Deductions can be awarded for a parent providing health insurance for the child and if a parent has more than 100 overnights with the child a year. A list of guidelines as to what is included in the overall calculation of the child support amount can be found within N.D. Admin. Code 75-02-04.1.

In North Dakota, the Department of Human Services established child support guidelines to be used by courts to determine the amount a parent should be expected to contribute towards the support of a child.

(3) Child Support Order

Once the child support monthly payment is calculated, the next step is to obtain a child support order. It is recommended to take this approach as it provides the means for enforcement of the calculated child support obligations. To do so, a child support petition will need to be filed. In a custody or divorce was with a minor child, this will be addressed in a final order. Typically, once child support has been ordered, the obligor (the one paying child support) will have his payment automatically taken out of his paycheck.

An alternative to getting a court order is for both parents to come to an agreement as to how much the child support payments should be. Get this is writing and signed by both parties. However, it is important to note that this approach generally lacks enforcement power as it is not a valid court order.

(4) What if the Parent Does Not Pay Child Support?

North Dakota has several tools and resources available in order to collect on unpaid child support. Generally, child support is collected through an income withholding order, meaning the child support obligation will be automatically deducted from your paycheck. However, if the parent does not uphold the child support obligation, the State can take the necessary steps to ensure that payments are received.

Some options may include:

– Withholding federal tax refunds;

– Garnishing wages or income;

– Suspension of driver’s and/or professional license;

– Issuing a lien against property or real estate;

– And many more.

The child support process can be difficult and overwhelming. Whether you have questions about calculating the proper amount of the child support obligation, the terms of an order, or other related custody or child support concerns, let an experienced attorney at Rosenquist Law Office guide you through the process.

Contact Rosenquist Law Office by phone at (701) 775-0654 or email us at lawinfo@rosenquistlawoffice.com to schedule a free consultation.

*The information contained in this article and on this website is for informational purposes only. This information is not legal advice and should not be relied upon as such.