Applying for Child Support in North Dakota
In North Dakota, the process of applying for child support involves several steps, which are governed by specific statutes and rules. This article will provide a detailed overview of the process, referencing the relevant North Dakota Century Code and court rules.
Understanding Child Support
Child support is a legal obligation, typically paid by the noncustodial parent to the custodial parent, to contribute to the financial costs of raising a child. In North Dakota, child support cases are handled by the Child Support Division of the North Dakota Department of Human Services.
Eligibility for Child Support
Any parent or person with custody of a child who needs assistance in establishing a child support order, enforcing an existing order, or determining paternity can apply for child support services in North Dakota. The state is considered a real party in interest in child support cases under N.D.C.C. 14-09-09.26.
Applying for Child Support Services
To apply for child support services in North Dakota, you must complete an application form available from the Child Support Division. The application requires detailed information about the child, the noncustodial parent, and the custodial parent. Once completed, the application should be submitted to the local child support office.
Legal Representation in Child Support Cases
According to N.D.C.C. 14-09-09.27, in any action brought to establish paternity, secure repayment of governmental benefits paid, secure current or future support of children, or establish, enforce, or modify a child support obligation, the child support agency may employ or contract with a licensed attorney. This attorney represents the interest of the people of the state of North Dakota in the enforcement of child support obligations.
Temporary Support and Attorney’s Fees
Under N.D.C.C. 14-05-23, during any time in which an action for separation or divorce is pending, the court, upon application of a party, 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 and for the payment of attorney’s fees.
Income Withholding
Once a child support order is established, the noncustodial parent’s employer may be ordered to withhold income for child support payments. This is governed by N.D.C.C. 14-09-09.15. The income withholding order is binding on the income payer until further notice by the child support agency and applies to all current and subsequent periods in which income is owed the obligor by the income payer.
Termination of Child Support Order
According to Rule 8.14 of the North Dakota Rules of Court, a monthly child support obligation included in an order issued by a North Dakota court will terminate if the obligor under the order is awarded primary residential responsibility of the child or children on whose behalf the obligation is owed.
In conclusion, applying for child support in North Dakota involves several steps, from completing an application to potentially appearing in court. It is advisable to consult with a legal professional or the Child Support Division of the North Dakota Department of Human Services for guidance throughout the process.