Child Support and Incarceration in North Dakota
In North Dakota, the issue of child support when the noncustodial parent is incarcerated is governed by specific statutes. The North Dakota Century Code provides clear guidelines on how child support obligations are handled when a parent is incarcerated.
Child Support Obligation and Incarceration
According to North Dakota Century Code 14-09-09.38, a monthly child support obligation established under any provision of this code and in effect after December 31, 2017, expires by operation of law upon incarceration of the obligor under a sentence of one hundred eighty days or longer, excluding credit for time served before sentencing. This means that if the noncustodial parent is sentenced to a prison term of 180 days or more, their existing child support obligation ceases automatically.
However, this does not mean that the incarcerated parent is completely absolved of their child support responsibilities. Subsection 2 of the same statute provides that a monthly support obligation may be established for an obligor incarcerated under a sentence of one hundred eighty days or longer if the obligation is based on the actual income of the obligor and the moving party makes a prima facie showing the obligor’s income exceeds the minimum amount provided in the guidelines established under section 14-09-09.7.
Re-establishment of Child Support Obligation
Upon the release of the obligor from incarceration, the child support agency shall re-establish a monthly support obligation as provided in this chapter without requiring a request or application for services. This means that once the noncustodial parent is released from prison, their child support obligation is automatically reinstated.
Child Support and Out-of-State Parents
The North Dakota Century Code 14-09-10 also addresses the issue of child support when the noncustodial parent moves out of state. If the parent or other person legally responsible for the care or support of a child, while in another state and while the minor child is in this state, wholly abandons the child or willfully fails to furnish food, clothing, shelter, and medical attention reasonably necessary and sufficient to meet the child’s needs, the failure must be construed to have been committed in this state and all of the laws of this state with reference to punishment apply with the same force and effect as if the abandonment and failure to support had occurred in this state.
In conclusion, while the incarceration of a noncustodial parent in North Dakota may temporarily suspend their child support obligations, it does not completely absolve them of their responsibilities. The child support obligation can be re-established during incarceration if certain conditions are met, and it is automatically reinstated upon their release from prison. If the noncustodial parent moves out of state and fails to provide for their child, North Dakota law allows for the enforcement of child support obligations as if the failure had occurred within the state.