Child Support Modification in North Dakota
In North Dakota, child support orders are not permanent and can be modified under certain circumstances. One such circumstance is a significant change in the financial situation of either parent, such as job loss.
Requesting a Modification
According to North Dakota Century Code §14-09-08.4, an obligor (the person required to pay child support) or an obligee (the person receiving child support) may request a review of the child support order by applying to the child support agency for child support services. This request can be made 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 (§14-09-08.4(2)(a)).
Grounds for Modification
The party seeking amendment must show a material change of circumstances (§14-09-08.4(4)). A significant decrease in income, such as that caused by job loss, could be considered a material change of circumstances. However, it is important to note that the court will consider all relevant factors, including the needs of the child and the ability of the obligor to pay.
Procedure for Modification
Upon receiving a request for review, the child support agency will provide written notice to both the obligor and the obligee that a review is commencing (§14-09-08.5(1)). The obligor is required to furnish the information required by section 14-09-08.6, and failure to do so may result in the entry of an order compelling the furnishing of the information (§14-09-08.5(2)).
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 (§14-09-08.4(3)).
Consequences of Non-Compliance
It is important to note that if an obligor fails to comply with a child support order, the court may withhold or suspend any occupational, professional, or recreational certificate, permit, or license issued by or on behalf of the state or any of its licensing authorities or occupational or professional boards (§14-09-22.4(1)).
Modification of Out-of-State Orders
If the child support order was issued in another state, it can be registered in North Dakota for the purpose of modification (§14-12.2-44). The registered order may be modified only if the requirements of section 14-12.2-45 or 14-12.2-46.1 have been met.
In conclusion, if you lose your job in North Dakota, you can request a child support modification. However, it is advisable to consult with a legal professional to understand the process and potential consequences fully.