If a question of paternity of a child is raised, the parties have a right to submit that question to a jury for determination. Therefore, the issue is whether or not defendant is the father of this child. The question of the amount of support for the child or the mother is not for the jury's consideration.
North Dakota Instruction to Jury in a Paternity Case that the Amount of Support is not a Question for the Jury
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How to fill out Instruction To Jury In A Paternity Case That The Amount Of Support Is Not A Question For The Jury?
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FAQ
The North Dakota Acknowledgment of Paternity form allows a biological father to establish paternity when he isn't married to the mother. The mother and biological father must both sign the form.
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.
Father's Rights to Child Custody and Visitation This means decisions regarding the child's residency as well as a visitation schedule by the non-custodial parents are all made with the child's best interests and wellbeing in mind.
Presumed paternity ? If a child is born during a marriage or within 300 days after a marriage is terminated (divorce, death, annulment) the husband is presumed to be the father of the child.
The parent who is found in contempt of court may be sentenced to jail time, fines, license suspension, and will be listed on the child support website. A parent who willfully fails to pay child support can be prosecuted for criminal nonpayment of child support. If found guilty it can be up to a Class C felony.
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.
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
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.
