Child Support and Visitation Rights in North Dakota
In North Dakota, child support and visitation rights are two separate issues governed by different sections of the North Dakota Century Code. The law treats these matters independently, and the non-payment of child support does not automatically affect visitation rights.
Child Support in North Dakota
Under North Dakota Century Code 14-09-25, the child support agency is responsible for the collection and disbursement of all payments under child support orders. If a parent fails to meet their child support obligations, the state has various enforcement remedies and tools at its disposal.
For instance, if a child support obligor is in arrears in child support in an amount greater than three times the monthly child support obligation and is not current in a court-established plan to repay the unpaid child support arrears, the court may restrict or suspend a motor vehicle operator’s license issued by the state which is held by the obligor (North Dakota Century Code 14-09.4-13).
Visitation Rights in North Dakota
Visitation rights, on the other hand, are determined based on the best interests of the child. According to North Dakota Century Code 14-09-24, in any proceeding in which child visitation is properly in dispute between the parents of a child, the court may award the noncustodial parent reasonable attorney’s fees and costs if the court determines there has been willful and persistent denial of visitation rights by the custodial parent.
Furthermore, North Dakota Century Code 14-05-22 states that after making an award of primary residential responsibility, the court, upon request of the other parent, shall grant such rights of parenting time as will enable the child to maintain a parent-child relationship that will be beneficial to the child, unless the court finds, after a hearing, that such rights of parenting time are likely to endanger the child’s physical or emotional health.
Can Visitation Be Refused If Child Support Is Not Paid?
In response to the question, “Can I refuse visitation if the other parent is behind on child support?” the answer, according to North Dakota law, is generally no. The non-payment of child support does not provide legal grounds to deny the noncustodial parent their visitation rights.
The rationale behind this is that child support and visitation rights serve two different purposes. Child support is meant to provide for the financial needs of the child, while visitation rights are intended to maintain and foster a relationship between the noncustodial parent and the child. Denying visitation rights due to non-payment of child support could potentially harm the child by depriving them of a relationship with the noncustodial parent.
However, if there are concerns about the child’s safety or well-being during visitation, these should be brought to the court’s attention. The court can modify visitation orders if it finds that visitation is likely to endanger the child’s physical or emotional health (North Dakota Century Code 14-05-22).
In conclusion, while non-payment of child support is a serious issue that can be addressed through various enforcement mechanisms, it does not provide a legal basis for denying visitation rights in North Dakota. It is always recommended to consult with a legal professional to understand the specifics of your situation and the best course of action.