Introduction
Divorce is a complex legal process that involves various aspects such as property division, child custody, and child support. In North Dakota, the laws governing these aspects are outlined in the North Dakota Century Code and the North Dakota Rules of Court. This article will focus on the legal aspects of divorce in North Dakota, with a particular emphasis on child support.
Child Support in North Dakota
Child support is a crucial aspect of divorce proceedings, especially when minor children are involved. In North Dakota, child support is governed by North Dakota Century Code 14-09-09.27 and Rule 8.14 of the North Dakota Rules of Court.
Calculation of Child Support
The amount of child support in North Dakota is determined by the state’s child support guidelines, which take into account the income of both parents, the number of children, and the custody arrangement. The minimum child support payment in North Dakota is $50 per month per child, regardless of the noncustodial parent’s income (North Dakota Century Code 14-09-09.7).
Termination of Child Support
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. 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.
Divorce Proceedings in North Dakota
During a divorce proceeding in North Dakota, the court may issue an order requiring a party to pay support for the other party and minor children of the parties, as well as attorney’s fees, as per North Dakota Century Code 14-05-23. The court may also make an order concerning parental rights and responsibilities concerning the children of the parties.
Restraining Provisions
In North Dakota, neither spouse may harass the other spouse, and all currently available insurance coverage must be maintained and continued without change in coverage or beneficiary designation. Except for temporary periods, neither spouse may remove any of their minor children from North Dakota without the written consent of the other spouse or order of the court. Violation of these provisions may result in contempt of court.
Role of the State in Child Support Enforcement
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. An attorney so employed or contracted represents the interest of the people of the state of North Dakota in the enforcement of child support obligations, as per North Dakota Century Code 14-09-09.27.
Conclusion
Divorce in North Dakota involves various legal aspects, including child support. The state has specific laws and guidelines to ensure the welfare of the children involved. It is crucial for parties going through a divorce to understand these laws and guidelines to ensure their rights and the rights of their children are protected. Legal counsel should be sought to navigate the complexities of the divorce process and child support enforcement in North Dakota.