Shared Custody and Child Support in North Dakota
In North Dakota, the issue of child support in shared custody situations is governed by specific statutes and guidelines. The North Dakota Century Code provides the legal framework for determining child support obligations, taking into account the unique circumstances of shared custody arrangements.
Child Support Guidelines
Under section 14-09-09.7 of the North Dakota Century Code, the court is required to establish a support order consistent with the guidelines established under this section. The guidelines take into account the income of both parents, the number of children, and the amount of time each parent spends with the children. In shared custody situations, the amount of child support may be adjusted based on the proportion of time each parent spends with the children.
Mutual Duty to Support Children
According to section 14-09-08 of the North Dakota Century Code, both parents have a mutual duty to support their children, regardless of the custody arrangement. This means that even in shared custody situations, both parents are expected to contribute to the financial support of their children. The court has the authority to compel either or both parents to provide for the support of their children.
Payment of Child Support
As per section 14-09-08.1, any court-ordered child support payments must be paid to the state disbursement unit for remittance to the obligee. This applies to all child support orders, including those in shared custody situations. The parties involved are required to provide their social security numbers, residential and mailing addresses, and any changes of address to the state disbursement unit.
Modification of Child Support Orders
Under section 14-09-26, the court has continuing jurisdiction to modify an order for future support. This means that if circumstances change, such as changes in income or changes in the amount of time each parent spends with the children, the child support order can be modified. This is particularly relevant in shared custody situations, where changes in the custody arrangement can significantly impact the child support obligations of each parent.
Impact of Adoption on Child Support
According to section 14-09.4-16, if a child is adopted by a stepparent or other relative, an existing order of child support remains in effect and is not changed by the adoption unless modified by the court. This means that in shared custody situations, if one parent remarries and their new spouse adopts the child, the other parent’s child support obligations do not automatically change.
In conclusion, shared custody affects child support in North Dakota in several ways. The amount of child support is determined based on the income of both parents and the amount of time each parent spends with the children. Both parents have a mutual duty to support their children, and any changes in the custody arrangement can lead to modifications in the child support order.