Child Support in Joint Custody Cases in North Dakota
In North Dakota, child support is determined by the North Dakota Child Support Guidelines established under section 14-09-09.7 of the North Dakota Century Code. These guidelines are used to calculate the amount of child support that a noncustodial parent is required to pay. However, the question arises: Can a parent receive child support if they have joint custody? The answer is yes, it is possible.
Determining Child Support in Joint Custody
In North Dakota, the court has the authority to establish a child support obligation in any matter where the child and both of the child’s parents do not reside together, as per section 14-09-09.6. This includes cases of joint custody. The court may issue a stay of any further accruals under a child support order if it finds the stay would be in the best interests of the child. However, avoidance of income withholding or the requirement to make any child support payment through the state disbursement unit is not a proper basis to stay the order.
Factors Considered in Child Support Calculation
The court considers several factors when determining child support in joint custody cases. These include the income of both parents, the amount of time the child spends with each parent, and the specific needs of the child. The court may also consider the expenses of the mother’s pregnancy and confinement, as well as any other provision in the best interest of the child, as per section 14-09-09.7.
Modification of Child Support Orders
According to section 14-09-26 of the North Dakota Century Code, the court has continuing jurisdiction to modify an order for future support. This means that if circumstances change significantly, either parent can request a modification of the child support order. For example, if the noncustodial parent’s income increases or decreases significantly, this could be grounds for a modification.
Enforcement of Child Support Orders
All remedies for the enforcement of support, custody, and visitation orders apply in North Dakota. A child support order issued under any provision of this code must require payment to the state disbursement unit, as per section 14-09-26. Non-compliance with child support orders can lead to serious consequences, including wage garnishment, property liens, and even jail time.
In conclusion, while joint custody arrangements can complicate the calculation of child support, it is indeed possible for a parent to receive child support in such cases. The court will consider various factors to ensure the child’s best interests are met. It is advisable to consult with a legal professional to understand the specifics of your situation and how North Dakota’s child support laws apply.