Child Support and Custody in North Dakota
In North Dakota, child support and custody are interconnected legal concepts that are governed by specific statutes. Both are crucial aspects of divorce proceedings and are primarily focused on the welfare of the child involved.
Child Support
Child support is a financial obligation imposed on parents to provide for the needs of their children. This obligation is enforced by the state and is typically required from the noncustodial parent. The North Dakota Century Code (NDCC) 14-08.1-01 states that a person legally responsible for the support of a child under the age of eighteen years who fails to provide support, subsistence, education, or other necessary care for the child is liable for the reasonable value of physical and custodial care or support. This obligation applies regardless of whether the child is not or was not in destitute circumstances.
The amount of child support is determined by guidelines established under NDCC 14-09-09.7. The court has the power to modify an order for future support, subject to NDCC 14-09-09.6. All remedies for the enforcement of support, custody, and visitation orders apply (NDCC 14-09-08.1).
Child Custody
Child custody refers to the legal and practical relationship between a parent and his or her child, which includes care, control, and maintenance. In North Dakota, any law that refers to the “custody” of a child means the allocation of parental rights and responsibilities as provided in this chapter (NDCC 14-09-34).
The court may issue a temporary order granting custodial responsibility unless prohibited by the federal Servicemembers Civil Relief Act [50 U.S.C. appendix sections 521 and 522]. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent (NDCC 14-09.3-12).
Interconnection of Child Support and Custody
Child support and custody are interconnected in that the determination of one often impacts the other. The parent who is awarded custody is typically the one who receives child support from the other parent. This is because the custodial parent is presumed to be spending money directly on the child, while the noncustodial parent fulfills their obligation through child support payments.
The court’s order may contain any other provision in the best interest of the child, including payment of support, payment of expenses of the mother’s pregnancy and confinement, custody of the child, visitation with the child, and furnishing of bond or other security for payment of support (NDCC 14-09-08.1).
Furthermore, the failure of a parent to comply with child support obligations can have legal consequences. For instance, if a parent or other person legally responsible for the care or support of a child wholly abandons the child or willfully fails to furnish food, clothing, shelter, and medical attention reasonably necessary and sufficient to meet the child’s needs, the failure must be construed to have been committed in this state and all of the laws of this state with reference to punishment apply with the same force and effect as if the abandonment and failure to support had occurred in this state (NDCC 14-09-08.1).
In conclusion, child support and custody are two critical aspects of family law in North Dakota. They are interconnected and often impact each other in legal proceedings. Both are primarily focused on ensuring the welfare and best interests of the child involved.