Child Support Orders and Private School Tuition
Child support orders in North Dakota are primarily governed by the North Dakota Century Code (NDCC), specifically sections 14-09-08, 14-09-08.1, 14-09-08.2, 14-09-08.3, and 14-09-08.4. These sections outline the obligations of parents to provide support for their children, the procedures for payment and enforcement of child support orders, and the duration of these obligations.
Child Support Guidelines
According to NDCC 14-09-09.7, child support orders must be consistent with the guidelines established under this section. These guidelines are designed to ensure that the child receives an appropriate amount of financial support from both parents. The guidelines take into account the income of both parents, the needs of the child, and other relevant factors.
Inclusion of Educational Expenses
The NDCC does not explicitly mention the inclusion of private school tuition in child support orders. However, under NDCC 14-09-08, it is stated that parents have a mutual duty to provide their children with support and education suitable to the child’s circumstances. This could potentially include private school tuition if it is deemed necessary and appropriate for the child’s circumstances.
Court Discretion
The court has considerable discretion in determining the amount and nature of child support orders. According to NDCC 14-09-08.1, the court may include any provision in the order that it deems to be in the best interest of the child. This could potentially include private school tuition if the court determines that it is in the child’s best interest.
Case Law
There is no specific case law in North Dakota that directly addresses the inclusion of private school tuition in child support orders. However, courts in other jurisdictions have sometimes included private school tuition in child support orders, particularly in cases where the child has been attending private school prior to the divorce or where the parents have agreed to private schooling.
Conclusion
While the North Dakota Century Code does not explicitly provide for the inclusion of private school tuition in child support orders, the court has broad discretion to include any provision that it deems to be in the best interest of the child. Therefore, it is possible that a court could include private school tuition in a child support order under certain circumstances. However, this would likely depend on the specific facts of the case, including the child’s educational needs and the financial circumstances of the parents. As always, individuals facing this issue should consult with a qualified family law attorney to understand their rights and obligations under North Dakota law.