Retroactive Child Support in North Dakota
In North Dakota, the issue of retroactive child support is governed by the North Dakota Century Code and the decisions of the North Dakota courts. This article will provide a detailed overview of the legal provisions and case law that pertain to retroactive child support in North Dakota.
Legal Provisions for Retroactive Child Support
Under the North Dakota Century Code, specifically section 14-08.1-05.1, the court has the authority to order an individual to pay past-due child support in accordance with a plan approved by the court or the child support agency. This provision suggests that the court has the discretion to order retroactive child support if it deems it appropriate.
However, it is important to note that the court’s discretion is not unlimited. The court must consider various factors when deciding whether to award retroactive child support. These factors may include the obligor’s ability to pay, the needs of the child, and the conduct of the parties.
Case Law on Retroactive Child Support
North Dakota courts have also addressed the issue of retroactive child support in several cases. In general, the courts have held that retroactive child support is not automatically granted, but may be awarded under certain circumstances.
For example, in the case of Braaten v. Braaten, 502 N.W.2d 512 (N.D. 1993), the North Dakota Supreme Court held that a court may award retroactive child support if it finds that the obligor had the ability to pay during the period for which retroactive support is sought, and that the obligee had a need for the support during that period.
In another case, Haugen v. Haugen, 349 N.W.2d 612 (N.D. 1984), the court held that a parent cannot be required to pay retroactive child support for a period during which the parent had no knowledge of his or her paternity of the child.
Requesting Retroactive Child Support
If you wish to request retroactive child support in North Dakota, you should consult with a family law attorney who can guide you through the process. The attorney can help you gather the necessary evidence to support your request, such as proof of the obligor’s income during the period for which you are seeking retroactive support, and evidence of the child’s needs during that period.
In conclusion, while it is possible to request retroactive child support in North Dakota, whether such a request will be granted depends on the specific circumstances of the case. It is therefore crucial to seek legal advice before proceeding with such a request.