Child Support Calculation in North Dakota
In North Dakota, child support is calculated based on the North Dakota Child Support Guidelines established by the North Dakota Department of Human Services. These guidelines are designed to ensure that both parents contribute to the financial needs of their children in a manner that is fair and equitable.
Factors Considered in Child Support Calculation
The calculation of child support in North Dakota is primarily based on the income of both parents, the number of children involved, and the custody arrangement. The state uses an income shares model, which means that the court will attempt to replicate the same proportion of parental income that the child would have received if the parents were still together.
The North Dakota Century Code § 14-09-09.7 provides a detailed explanation of how the child support obligation is calculated. The law considers the gross income of both parents, which includes wages, salaries, commissions, bonuses, dividends, pension, and any other income. Certain deductions are allowed, such as federal income tax, state income tax, social security tax, and mandatory retirement contributions.
Child Support Guidelines
The North Dakota Child Support Guidelines provide a table that shows the amount of child support based on the combined net income of the parents and the number of children. For example, if the combined net income of the parents is $2,000 per month and they have one child, the total child support obligation would be $325 per month. This amount is then divided between the parents based on their respective incomes.
Modification of Child Support
According to North Dakota Century Code § 14-09-08.4, a child support order may be modified if there is a material change in circumstances. This could include a significant increase or decrease in either parent’s income, a change in the child’s needs, or a change in the custody arrangement.
Termination of Child Support
As per Rule 8.14, 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. This rule applies when primary residential responsibility is changed or granted by a North Dakota court in the same civil action as the previous support order, a separate civil action in the same county, or a separate civil action in a different county.
Role of the State in Child Support
The North Dakota Century Code § 14-09-09.26 and 14-09-09.27 highlight the role of the state in child support matters. The state of North Dakota is a real party in interest regarding child support, and the child support agency may employ or contract with a licensed attorney to represent the interest of the people of the state in the enforcement of child support obligations.
In conclusion, child support calculation in North Dakota is a complex process that takes into account various factors, including the income of both parents, the number of children, and the custody arrangement. It is always advisable to consult with a legal professional to understand the specifics of your situation.