Termination of Child Support Order in North Dakota
In North Dakota, the termination of a child support order is governed by specific rules and regulations. This article will provide a detailed overview of the legal procedures and requirements for terminating a child support order in North Dakota.
Rule 8.14: Termination of Child Support Order
According to Rule 8.14, effective from January 1, 2016, 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 (Rule 8.14). This rule applies when primary residential responsibility is changed or granted by a North Dakota court in the same civil action as the previous support order, a separate civil action in the same county, or a separate civil action in a different county.
If primary residential responsibility is changed or granted in a separate civil action, the party awarded primary residential responsibility must file a copy of the order awarding primary residential responsibility in the prior action.
Review and Amendment of Child Support Order
The child support order can be reviewed by the child support agency if more than twelve months have passed since the establishment of the order or the most recent amendment or review of that order by the court or child support agency, whichever is later. If the order provides for no child support and was based on a finding that the obligor has no ability to pay child support, it can also be reviewed (Rule 8.14).
If, upon review, the child support agency determines that the order provides for child support payments in an amount that is inconsistent with the amount that would be required by the child support guidelines established under subsection 1 of section 14-09-09.7, the child support agency may seek an amendment of the order. If the order provides for child support payments in an amount less than eighty-five percent or more than one hundred fifteen percent of the amount that would be required by those guidelines, the child support agency shall seek an amendment of the order (Rule 8.14).
Disbursement of Child Support Payments
In the event of the obligee’s death, child support payments are disbursed in a specific order as outlined in Rule 8.14. Unless any party to a child support order objects within ten days of the date of a notice sent by first-class mail to the party’s last-known address, the child support agency 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.
Modification of Existing Child Support Orders
According to North Dakota Century Code 14-09-26, a child support order issued under any provision of this code and in effect on October 1, 1998, is deemed to require payment to the state disbursement unit after September 30, 1998. A child support order issued under any provision of this code after September 30, 1998, must require payment to the state disbursement unit.
In conclusion, the termination of a child support order in North Dakota involves a series of legal procedures and requirements. It is advisable to consult with a legal professional to ensure all steps are correctly followed and all necessary documents are properly filed.