Child Support Duration in North Dakota
In North Dakota, the duration of child support obligations is governed by the North Dakota Century Code (NDCC) §14-09-08.3 and §14-09-08.4. These statutes provide detailed guidelines on when child support obligations commence, how long they last, and under what circumstances they may be reviewed or terminated.
Commencement of Child Support
According to NDCC §14-09-08.3, unless specific dates for the commencement or termination of a child support obligation are specified by the court’s order, a judgment or order requiring the payment of child support is effective as to the child in the month in which the order is signed.
Duration of Child Support
The duration of child support obligations in North Dakota typically continues until the child graduates from high school or attains the age of 19 years, whichever occurs first. This is stipulated under NDCC §14-09-08.4. However, there are certain conditions that must be met for this rule to apply:
- The child must be enrolled and attending high school and is 18 years of age before the date the child is expected to be graduated.
- The child must reside with the person to whom the duty of support is owed.
In some cases, a judgment or order may require payment of child support after the child reaches majority under substantially the same circumstances described above.
Review of Child Support Orders
Child support orders being enforced by the child support agency must be reviewed by the agency no less frequently than every thirty-six months after the order’s establishment or most recent amendment or review. This is according to NDCC §14-09-08.4(1). However, an order may be reviewed sooner if more than twelve months have passed since the establishment of the order or the most recent amendment or review of that order by the court or child support agency, and the order provides for no child support based on a finding that the obligor has no ability to pay child support.
If, upon review, the child support agency determines that the order provides for child support payments in an amount that is inconsistent with the amount that would be required by the child support guidelines established under NDCC §14-09-09.7, the agency may seek an amendment of the order.
Disbursement of Child Support
In the event of the obligee’s death, child support payments are disbursed in a specific order as outlined in NDCC §14-09-08.4(9). The payments may be provided in a court order, to the obligee’s estate or as provided in the obligee’s will, to the child or children on whose behalf the payments were made if they are all eighteen years of age or older, as directed by the court if one or more of the children to whom the child support is owed is under eighteen years old, or refunded to the obligor if the court determines that the past-due child support cannot be disbursed under this section.
In conclusion, the duration of child support in North Dakota typically lasts until the child graduates from high school or reaches the age of 19, whichever comes first. However, this can vary depending on the specific circumstances of each case, and the child support order may be reviewed and potentially modified at regular intervals.