Child Support and Paternity in North Dakota
In North Dakota, the issue of child support is closely tied to the establishment of paternity. The legal framework governing these matters is primarily found in the North Dakota Century Code (NDCC), specifically in sections 14-20-27, 14-20-51, 14-20-52, 14-20-43, and 14-12.2-32.1.
Temporary Child Support Orders
According to NDCC 14-20-51 (624), the court can issue a temporary order for child support in a proceeding under sections 14-20-36 through 14-20-58 if it deems the order appropriate and the individual ordered to pay support is:
a. A presumed father of the child;
b. Petitioning to have his paternity adjudicated;
c. Identified as the father through genetic testing under section 14-20-29;
d. An alleged father who has declined to submit to genetic testing;
e. Shown by clear and convincing evidence to be the father of the child; or
f. The mother of the child.
This provision suggests that a temporary child support order can be issued even if paternity has not been definitively established, such as when an individual is petitioning to have his paternity adjudicated or when an alleged father has declined to submit to genetic testing.
Adjudication of Paternity
The rules for adjudicating the paternity of a child are outlined in NDCC 14-20-52 (631). This section states that the paternity of a child having a presumed, acknowledged, or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child.
Authority to Deny Motion for Genetic Testing
NDCC 14-20-43 (608) provides that in a proceeding to adjudicate the parentage of a child having a presumed father or to challenge the paternity of a child having an acknowledged father, the court may deny a motion seeking an order for genetic testing if the court determines that the conduct of the mother or the presumed or acknowledged father estops that party from denying parentage.
Proceeding to Determine Parentage
According to NDCC 14-12.2-32.1 (402), a tribunal of North Dakota authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage brought under this chapter or a law or procedure substantially similar to this chapter.
Conclusion
In conclusion, while the establishment of paternity is a crucial factor in child support cases in North Dakota, the law does provide for situations where a temporary child support order can be issued even if paternity has not been definitively established. However, these are specific circumstances and the court’s decision will be based on the individual facts of each case. It is always advisable to consult with a legal professional for advice tailored to your specific situation.