Introduction
Divorce proceedings can be complex, especially when they involve matters of child support. When one parent resides overseas, the enforcement of child support orders can present unique challenges. This article will explore the legal framework surrounding the enforcement of child support orders in North Dakota when one parent lives abroad. The information provided is based on the North Dakota Century Code and other relevant legal references.
Child Support in North Dakota
In North Dakota, both parents have a legal obligation to provide support for their children. This obligation is outlined in North Dakota Century Code 14-09-08, which states that parents must provide their children with support and education suitable to the child’s circumstances. The court has the authority to compel either or both parents to fulfill this obligation.
Enforcement of Child Support Orders
When a court orders child support payments, the order must specify that the payments be made to the state disbursement unit for remittance to the obligee, as per North Dakota Century Code 14-09-08.1. Each party subject to the order must provide their social security number and residential and mailing addresses to the state disbursement unit.
Child Support Enforcement Across Borders
The enforcement of child support orders becomes more complex when one parent resides overseas. However, North Dakota law provides mechanisms for enforcing these orders across borders.
Foreign Support Orders and Tribunals
According to North Dakota Century Code 14-12.2-08, a “foreign support order” refers to a support order issued by a foreign tribunal. A “foreign tribunal” is defined as a court, administrative agency, or quasi-judicial entity of a foreign country authorized to establish, enforce, or modify support orders or to determine parentage of a child.
Home State and Jurisdiction
The “home state” of a child is defined in North Dakota Century Code 14-12.2-08 as the state or foreign country in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support. If a child is less than six months old, the home state is the state or foreign country in which the child lived from birth with any of them.
Modification of Child Support Orders
The jurisdiction to modify a child support order lies with the tribunal of the state or foreign country where the child and the obligee remain residents, unless the obligee submits to the jurisdiction of a tribunal of North Dakota, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity, or the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
Conclusion
In conclusion, child support can be enforced in North Dakota even if the other parent lives overseas. The enforcement is subject to the jurisdiction of the foreign tribunal and the home state of the child. The North Dakota legal system provides mechanisms to ensure that children receive the support they need, regardless of where their parents reside. However, the specifics of each case can vary, and it is advisable to consult with a legal professional to understand the best course of action in each individual situation.