Requesting an Increase in Child Support in North Dakota
In North Dakota, the process of requesting an increase in child support involves several steps, as outlined in the North Dakota Century Code. This article will provide a detailed overview of the legal procedures and requirements for requesting an increase in child support in North Dakota.
Understanding the Legal Basis
According to North Dakota Century Code 14-09-08.9, 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. 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.
Requesting a Review
To request a review, the obligor or obligee must apply to the child support agency for child support services, indicating a desire to have a child support order reviewed. The request for review can also be made if the order provides for no child support and was based on a finding that the obligor has no ability to pay child support.
Review by the Child Support Agency
Upon review, if 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 (North Dakota Century Code 14-09-08.4).
Material Change of Circumstances
According to North Dakota Century Code 14-09-26, a material change of circumstances can also warrant a modification of existing child support orders. This can include the availability of health insurance at reasonable cost to a child who is the subject of a child support order, or the need to provide for a child’s health care needs, through health insurance or other means.
Notice of Review
The child support agency is required to provide written notice, including notice through electronic means, to the obligee and the obligor that a review under section 14-09-08.4 is commencing (North Dakota Century Code 14-09-08.5). The notice to the obligor must inform them of the duty to furnish the required information and that a failure to furnish the required information may result in the entry of an order compelling the furnishing of the information.
In conclusion, to request an increase in child support in North Dakota, one must apply to the child support agency for a review of the current child support order. This process is governed by specific guidelines and procedures outlined in the North Dakota Century Code. It is advisable to consult with a legal professional to ensure all steps are correctly followed and all necessary information is provided.