Frequency of Child Support Review in North Dakota
In North Dakota, the frequency of child support review is governed by the North Dakota Century Code (NDCC), specifically under Section 14-09-08.4. This statute provides a clear framework for when and how often child support orders should be reviewed.
Statutory Requirements for Review
According to Section 14-09-08.4(1) of the NDCC, each child support order being enforced by the child support agency must be reviewed by the agency no less frequently than every thirty-six months after the establishment of the order or the most recent amendment or review of the order by the court or child support agency. This means that, at a minimum, child support orders are reviewed every three years.
However, there are exceptions to this rule. The 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 the order by the court or child support agency, and the order provides for no child support and was based on a finding that the obligor has no ability to pay child support (Section 14-09-08.4(2)(a)).
Additional Circumstances for Review
In addition to the statutory requirements, there are other circumstances under which a child support order may be reviewed. 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. If the order provides for child support payments in an amount less than eighty-five percent or more than one hundred fifteen percent of the amount that would be required by those guidelines, the child support agency shall seek an amendment of the order.
Furthermore, the child support agency is obligated to provide notice of the right to request a review or further review of the child support order to the obligor and obligee, not more than three years after the most recent child support order, review of that child support order, or notice of right to request a review of that child support order.
Conclusion
In conclusion, the frequency of child support review in North Dakota is primarily determined by the North Dakota Century Code, which mandates a review at least every three years. However, there are circumstances under which a review may be conducted more frequently, such as when the child support order is inconsistent with the state’s child support guidelines or when the obligor has no ability to pay child support.