Yes, child support can be modified during the divorce process in North Dakota. According to North Dakota Century Code 14-09-26, a child support order issued under any provision of this code can be modified. The modification of existing child support orders is subject to certain conditions and procedures.
Child Support Modification
Child support modification in North Dakota is governed by North Dakota Century Code 14-09-26. This statute allows for the modification of existing child support orders under certain circumstances.
Conditions for Modification
The modification of a child support order is typically based on a material change in circumstances. This could include a significant change in the income of either parent, a change in the needs of the child, or a change in the custody arrangement.
Procedure for Modification
The procedure for modifying a child support order in North Dakota involves filing a motion with the court that originally issued the order. The motion must detail the reasons for the requested modification and provide evidence supporting the change in circumstances.
The court will then review the motion and any supporting documentation. If the court finds that there has been a material change in circumstances, it may modify the child support order accordingly.
Temporary Support During Divorce Proceedings
According to North Dakota Century Code 14-05-23, during any time in which an action for separation or divorce is pending, the court may issue an order requiring a party to pay such support as may be necessary for the support of a party and minor children of the parties. This indicates that child support can be modified or established during the divorce process.
Enforcement and Penalties
Failure to comply with a child support order can result in serious penalties. According to North Dakota Century Code 14-12.2-46.2, a party who obtains a modification order and fails to file a certified copy with the issuing tribunal is subject to appropriate sanctions.
Conclusion
In conclusion, child support can be modified during the divorce process in North Dakota. The modification is subject to certain conditions and procedures as outlined in the North Dakota Century Code. It is always advisable to consult with a legal professional when seeking to modify a child support order to ensure compliance with all legal requirements and procedures.