Child Support and Visitation Rights in North Dakota
In North Dakota, child support and visitation rights are two separate legal issues. The North Dakota Century Code provides clear guidelines on both matters. It is important to understand that non-payment of child support does not automatically lead to denial of visitation rights. However, consistent failure to meet child support obligations can have serious legal consequences.
Child Support in North Dakota
Under North Dakota Century Code 14-09-25, the child support agency is responsible for the collection and disbursement of all payments under child support orders. The court has the power to enforce child support orders using any appropriate remedy available. This includes the potential restriction or suspension of a motor vehicle operator’s license for a child support obligor who is in arrears in child support in an amount greater than three times the monthly child support obligation and is not current in a court-established plan to repay the unpaid child support arrears (North Dakota Century Code).
The court also has the power to withhold or suspend any occupational, professional, or recreational certificate, permit, or license that the obligor is required to obtain prior to engaging in the obligor’s occupation or profession. This is applicable if the obligor is in arrears in child support in an amount greater than three times the monthly child support obligation and is not current in a court-established plan to repay the unpaid child support arrears (North Dakota Century Code).
Visitation Rights in North Dakota
Visitation rights, on the other hand, are determined based on the best interest of the child. According to North Dakota Century Code 14-09-24, in any proceeding in which child visitation is properly in dispute between the parents of a child, the court shall award the noncustodial parent reasonable attorney’s fees and costs if the court determines there has been willful and persistent denial of visitation rights by the custodial parent with respect to the child.
The court may use any remedy that is available to enforce a child support order and which is appropriate to enforce visitation. This means that while the court can enforce child support orders, it also has the power to enforce visitation rights, and the denial of these rights can lead to legal consequences for the custodial parent.
Child Support and Visitation: Separate Issues
It is crucial to understand that child support and visitation rights are separate issues. The non-payment of child support does not automatically lead to the denial of visitation rights. Conversely, denial of visitation rights does not absolve a parent from their obligation to pay child support.
In conclusion, while failure to pay child support can lead to serious legal consequences, it does not automatically result in the denial of visitation rights. However, any parent facing issues related to child support or visitation rights should seek legal advice to understand their rights and obligations under North Dakota law.