Termination of Child Support in North Dakota
In North Dakota, the termination of child support is governed by specific statutes and court rules. The process is not automatic and requires certain steps to be taken by the obligor (the person paying child support). This article will provide a detailed overview of the legal procedures and requirements for terminating child support in North Dakota.
Emancipation and Child Support
In North Dakota, child support generally continues until the child graduates from high school or attains the age of 19 years, whichever occurs first, provided the child is enrolled and attending high school and resides with the person to whom the duty of support is owed (North Dakota Century Code 14-09-08.3). However, if a child becomes emancipated before reaching these milestones, the obligor may seek to terminate the child support obligation.
Emancipation refers to the legal process where a minor becomes legally independent from their parents or guardians. In North Dakota, a child is considered emancipated if they get married, join the military, or become financially independent.
Procedure for Terminating Child Support
To terminate child support in North Dakota, the obligor must follow a specific legal procedure. According to Rule 8.14 of the North Dakota Rules of Court, a monthly child support obligation included in an order issued by a North Dakota court will terminate if the obligor is awarded primary residential responsibility of the child or children on whose behalf the obligation is owed. This rule applies when primary residential responsibility is changed or granted by a North Dakota court in the same civil action as the previous support order, a separate civil action in the same county, or a separate civil action in a different county.
If primary residential responsibility is changed or granted in a separate civil action, the party awarded primary residential responsibility must file a copy of the order awarding primary residential responsibility in the prior action.
Child Support and Arrearages
Even if a child support order is terminated, the obligor may still be required to repay any arrearages (past-due child support). According to North Dakota Century Code 14-09-09.31, a child support obligation owed to an obligee who is a judgment debtor may not be subject to execution, garnishment, attachment, or other process except to satisfy that child support obligation. This means that the obligor may still be required to pay off any outstanding child support debt, even after the child has been emancipated.
Review of Child Support Orders
In North Dakota, each child support order being enforced by the child support agency must be reviewed by the child support agency no less frequently than thirty-six months after the order is issued (North Dakota Century Code 14-09-08.4). This periodic review can provide an opportunity for the obligor to request a termination or modification of the child support order if the child has been emancipated.
In conclusion, terminating child support in North Dakota involves a specific legal process and is not automatic upon the emancipation of a child. It is advisable to consult with a legal professional to ensure all procedures are correctly followed and all legal obligations are met.