Child Support Payment in North Dakota
In North Dakota, child support payments are typically made to the custodial parent or guardian, not directly to the child. This is in accordance with the North Dakota Century Code (NDCC) 14-09-08.1, which stipulates that court-ordered child support payments should be paid to the state disbursement unit for remittance to the obligee, who is usually the custodial parent or guardian.
Direct Payment to the Child
The question of whether child support can be paid directly to the child is complex and depends on several factors. According to the NDCC 14-09-08.1, the court may direct the disbursement of child support payments in the following order:
a. As specifically provided in a court order in the event of the obligee’s death;
b. To the obligee’s estate or as provided in the obligee’s will;
c. To the child or children on whose behalf the payments were made if the child or children are all eighteen years of age or older;
d. As directed by the court if one or more of the children to whom the child support is owed is under eighteen years old; or
e. Refunded to the obligor if the court determines that the past-due child support cannot be disbursed under this section.
From this, it can be inferred that direct payment to the child is possible under certain circumstances, such as when all the children are eighteen years or older, or as directed by the court. However, this is not the standard practice and would require specific court direction.
Modification of Child Support Orders
The NDCC 14-09-26 allows for the modification of existing child support orders. This means that, under certain circumstances, the court may change the payee of a child support obligation for the current month or a future month upon request of a guardian or other person who has legal custody of the child or children for whom the child support is being paid. However, this does not necessarily mean that the child can become the payee.
Child Support and Majority Age
According to NDCC 14-09-15, when a child, after attaining majority, continues to serve and to be supported by the parent, neither party is entitled to compensation in the absence of an agreement therefor. This suggests that direct payment to the child after they have reached the age of majority would require an agreement.
Conclusion
In conclusion, while there are circumstances under which child support payments may be directed to the child, these are exceptions rather than the rule. The standard practice in North Dakota, as per NDCC 14-09-08.1, is for child support payments to be made to the state disbursement unit for remittance to the obligee, typically the custodial parent or guardian. Any deviation from this would require specific court direction or agreement. As always, individuals should consult with a legal professional to understand the specifics of their situation.