Child Support and Shared Custody in North Dakota
In North Dakota, child support is governed by the North Dakota Century Code (NDCC) and is determined by a set of guidelines established under section 14-09-09.7. These guidelines take into account the income of both parents, the number of children, and the cost of child-related expenses. However, the application of these guidelines can be influenced by the custody arrangement, including shared custody.
Shared Custody and Child Support Calculation
In shared custody arrangements, both parents share physical custody of the child, meaning the child spends a significant amount of time with each parent. This arrangement can impact the calculation of child support. According to section 14-09-09.7 of the NDCC, the court may deviate from the standard child support guidelines in cases where the child spends more than 30% of the overnight stays with the noncustodial parent. This is often the case in shared custody arrangements.
The court will consider the amount of time the child spends with each parent, the expenses incurred by each parent in exercising custody, and the financial resources of each parent. The court aims to ensure that the child maintains a similar standard of living in both households, and that neither parent is unduly burdened by child support payments.
Modification of Child Support Orders
The court retains continuing jurisdiction to modify an order for future support according to section 14-09-08.1 of the NDCC. This means that if circumstances change significantly, such as a change in custody arrangements, either parent can request a modification of the child support order.
In the case of shared custody, if the arrangement changes such that one parent is now the primary custodian, this could result in a modification of the child support order. The court will consider the best interests of the child in determining whether to modify the order.
Enforcement of Child Support Orders
Regardless of the custody arrangement, all remedies for the enforcement of support orders apply as per the NDCC. This means that if a parent fails to pay child support, the court can take various enforcement actions, such as income withholding, suspension of licenses, or even jail time for nonpayment.
Impact of Adoption on Child Support
According to section 14-09.4-16 of the NDCC, 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 even in cases of shared custody, if one parent remarries and their new spouse adopts the child, the other parent is still responsible for child support unless the court orders otherwise.
In conclusion, shared custody arrangements can impact child support calculations and orders in North Dakota. The court considers the best interests of the child in all decisions and has the authority to modify support orders as circumstances change. It is advisable for parents to consult with a legal professional to understand their rights and responsibilities under North Dakota law.