Child Support in North Dakota: Waiver by Agreement
In North Dakota, child support is a legal obligation that is taken very seriously. The state has established laws and regulations to ensure that children receive the financial support they need from both parents. One of the questions that often arises in divorce cases is whether child support can be waived by agreement. This article will explore this issue in detail, referencing the relevant North Dakota statutes.
Child Support Waiver: Legal Provisions
According to North Dakota Century Code 14-09-09.32, an agreement that purports to relieve an obligor (the person obligated to pay child support) of any current or future duty of child support is void and cannot be enforced. This means that, in North Dakota, child support cannot be waived by agreement between the parents. The law is clear that the financial responsibility of a parent towards their child cannot be negotiated away.
Exceptions to the Rule
However, there are certain exceptions to this rule. The same statute provides that an agreement purporting to waive past-due child support is void and cannot be enforced unless the child support obligee (the person to whom child support is owed) and any assignee of the obligee have consented to the agreement in writing and the agreement has been approved by a court of competent jurisdiction. This means that, while current and future child support cannot be waived, past-due child support can be waived under certain conditions.
Court Approval
Even in cases where the obligee and any assignee have consented to the waiver of past-due child support, the agreement must still be approved by a court. This is to ensure that the best interests of the child are being served. The court will consider various factors, including the financial circumstances of both parents and the needs of the child, before deciding whether to approve the agreement.
Child Support and Divorce Judgments
In a judgment for divorce or other relief under this title in any matter in which the child and both of the child’s parents do not reside together, a court shall establish a child support obligation unless the child support agency requests the issue of child support be reserved (North Dakota Century Code 14-09-09.32). This underscores the importance that the state places on ensuring that children receive the financial support they need, regardless of the parents’ marital status.
Conclusion
In conclusion, while there are certain exceptions for past-due child support, the law in North Dakota is clear that child support cannot be waived by agreement. This is in line with the state’s commitment to ensuring the welfare of children. Parents who are considering divorce or are in the process of divorcing should consult with a legal professional to understand their rights and obligations regarding child support.