Modification of Child Support in North Dakota
In North Dakota, child support orders can be modified due to a significant change in circumstances. This is in accordance with the North Dakota Century Code (NDCC) §14-09-08.4, which outlines the conditions under which a child support order can be reviewed and potentially amended.
Significant Change in Circumstances
According to the NDCC §14-09-08.4, a significant or material change in circumstances is required for a child support order to be reviewed and potentially modified. This could include changes in the financial situation of either parent, changes in the needs of the child, or changes in the child’s eligibility for certain benefits.
For instance, the determination that a child who is the subject of a child support order is eligible for benefits under subsection 16 or 18 of section 50-06-05.1 or chapter 50-09 or 50-24.1, or any substantially similar program operated by any state or tribal government, constitutes a material change of circumstances. Similarly, the availability of health insurance at a reasonable cost to a child who is the subject of a child support order also constitutes a material change of circumstances. The need to provide for a child’s health care needs, through health insurance or other means, is also considered a material change of circumstances (NDCC §14-09-08.4).
Review and Amendment of Child Support Orders
The North Dakota Child Support Agency is responsible for reviewing child support orders. 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, the order can be reviewed (NDCC §14-09-08.5).
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 (NDCC §14-09-08.5).
Procedure for Requesting a Modification
If a child support obligation sought to be amended was entered at least one year before the filing of a motion or petition for amendment, the court shall order the amendment of the child support obligation to conform the amount of child support payment to that required under the child support guidelines, whether or not the motion or petition for amendment arises out of a periodic review of a child support obligation, and whether or not a material change of circumstances has taken place, unless the presumption that the correct amount of child support would result from the application of the child support guidelines is rebutted. If a motion or petition for amendment is filed within one year of the entry of the obligation sought to be amended, the party seeking amendment must also show a material change of circumstances (NDCC §14-09-08.4).
In conclusion, a significant change in circumstances can indeed lead to the modification of a child support order in North Dakota. However, the process involves a review by the child support agency and potentially a court hearing, and the outcome will depend on the specific circumstances of the case.