Child Support Obligations in North Dakota
In North Dakota, the obligation to pay child support is governed by several statutes and court rules. The North Dakota Century Code and the North Dakota Rules of Court provide the legal framework for determining when and how child support obligations can be terminated.
Age of Majority and Child Support
According to North Dakota Century Code 14-09-08.2, a judgment or order requiring the payment of child support until the child attains majority continues as to the child until the end of the month during which the child is graduated from high school or attains the age of nineteen years, whichever occurs first. This is applicable if the child is enrolled and attending high school and is eighteen years of age before the date the child is expected to be graduated, and the child resides with the person to whom the duty of support is owed.
This means that even if your child turns 18, you may still be obligated to continue paying child support if they are still in high school. The obligation continues until the end of the month of their graduation or until they turn 19, whichever comes first.
Termination of Child Support Order
The North Dakota Rules of Court Rule 8.14 provides another scenario where a child support obligation can be terminated. According to this rule, a monthly child support obligation included in an order issued by a North Dakota court will terminate if the obligor under the order is awarded primary residential responsibility of the child or children on whose behalf the obligation is owed. This rule applies when primary residential responsibility is changed or granted by a North Dakota court in the same civil action as the previous support order, a separate civil action in the same county, or a separate civil action in a different county.
Periodic Review of Child Support Orders
Under North Dakota Century Code 14-09-08.4, each child support order being enforced by the child support agency must be reviewed by the child support agency no less frequently than thirty-six months after 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, the child support agency may seek an amendment of the order.
In conclusion, the termination of child support obligations in North Dakota is not solely determined by the child reaching the age of 18. Other factors such as the child’s high school status, changes in residential responsibility, and periodic reviews of the child support order can also affect the duration of these obligations. It is advisable to consult with a legal professional to understand your specific circumstances and obligations.