North Dakota Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support
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How to fill out Motion To Modify Or Amend Divorce Decree To Provide For Decrease In Amount Of Child Support?
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FAQ
In North Dakota, the obligor's income is almost always the only one taken into account when calculating child support. The obligee's income is considered only if it is at least three times that of the obligor, which doesn't happen very often. It is also considered when parties have equal residential responsibility.
Child Support will generally review the support amount and help with the court process every 18 months (18 months since the order was entered, last reviewed, or last changed) at the request of one of the parents when the case is receiving Full Services. There are some exceptions to the 18 month rule.
In North Dakota, most support obligations end when the youngest child turns 18 or the last day of the month the child graduates from high school, whichever happens later. Most North Dakota court orders will not continue past the age of 19, even if a 19 year old child is in high school.
North Dakota law uses one parent's income from the equivalent of one full-time job to determine a child support amount in sole custody cases. Both parent's incomes figure into joint custody child support.
Child Support will generally review the support amount and help with the court process every 18 months (18 months since the order was entered, last reviewed, or last changed) at the request of one of the parents when the case is receiving Full Services. There are some exceptions to the 18 month rule.
To do so, North Dakota Century Code § 14-15-19(2), requires both parents to sign away their rights in writing to the agency taking custody of the child or in the presence and with approval of a judge.
Criminal Nonpayment - A parent who willfully fails to pay child support can be prosecuted in a North Dakota court for criminal nonpayment of support. Criminal nonpayment of child support can be a Class C felony, which has a maximum punishment of 5 years in prison, a fine of $5,000, or both.
Unless otherwise specified by court order, a monthly child support obligation included in an order issued by a North Dakota court will terminate if the obligor under the order is awarded primary residential responsibility of the child or children on whose behalf the obligation is owed.
