Yes, child support can be modified in North Dakota under certain circumstances.
Modification of Existing Child Support Orders
According to North Dakota Century Code 14-09-26, child support orders issued under any provision of this code and in effect on October 1, 1998, are deemed to require payment to the state disbursement unit after September 30, 1998. Any child support order issued under any provision of this code after September 30, 1998, must require payment to the state disbursement unit.
Conditions for Modification
Under North Dakota Century Code 14-12.2-46.2, within thirty days after issuance of a modified child support order, the party obtaining the modification must file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered.
The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction. However, a party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises.
Review and Amendment of Child Support Orders
According to North Dakota Century Code 14-12.2-46.3, a child support order must be reviewed by the child support agency 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, whichever is later.
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 subsection 1 of section 14-09-09.7, the child support agency may seek an amendment of the order.
Modification of Child Support Order of Another State
Under North Dakota Century Code 14-12.2-45, a tribunal of North Dakota may modify a child support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state; a petitioner who is a nonresident of this state seeks modification; and the respondent is subject to the personal jurisdiction of the tribunal of this state.
Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.
Conclusion
In conclusion, child support orders can be modified in North Dakota under certain conditions. The modification process involves a review by the child support agency, filing of a certified copy of the modified order with the issuing tribunal, and compliance with the child support guidelines established under North Dakota law. The modification of a child support order issued in another state is also possible if certain conditions are met.