Unemployment of the Non-Custodial Parent
In North Dakota, the unemployment of a non-custodial parent can have significant implications on child support and custody arrangements. The legal framework governing these situations is primarily found in the North Dakota Century Code.
Child Support Obligations
Under North Dakota law, both parents are obligated to support their child financially, regardless of their employment status. This obligation is outlined in the North Dakota Century Code and is not absolved by unemployment. However, the amount of child support a non-custodial parent is required to pay may be adjusted based on their income and financial circumstances.
If a non-custodial parent becomes unemployed, they may petition the court for a modification of their child support order. According to North Dakota Century Code 14-09-08.4, a substantial change in circumstances, such as unemployment, may warrant a modification of the child support order. However, the court will consider several factors, including the parent’s ability to work, their job search efforts, and the availability of unemployment benefits.
Custody and Visitation Rights
Unemployment does not automatically affect a non-custodial parent’s visitation rights or custody arrangements. According to North Dakota Century Code 14-09-06.2, the best interests of the child are paramount in determining custody and visitation. Unemployment alone is not considered a factor that would necessarily harm the child’s best interests.
However, if unemployment leads to circumstances that could harm the child, such as homelessness or inability to provide basic necessities during visitation, the court may review and potentially modify the custody or visitation order.
Income Withholding Orders
In cases where the non-custodial parent has an income withholding order, unemployment can affect the enforcement of this order. According to North Dakota Century Code 14-09-34, an income payer that has received an income withholding order must remit any withheld funds. If the non-custodial parent becomes unemployed, there may be no income to withhold, potentially affecting the payment of child support.
In conclusion, while unemployment does not absolve a non-custodial parent of their obligations, it can affect the enforcement and amount of child support. It may also potentially impact custody and visitation arrangements if it leads to circumstances that could harm the child’s best interests. It is advisable for a non-custodial parent facing unemployment to seek legal counsel to understand their rights and obligations fully.