Title: North Dakota Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support Keywords: North Dakota, motion, modify, amend, divorce decree, child support, decrease, legal process, court, custodial parent, noncustodial parent, financial circumstances, substantial change, petition, factors, child's welfare, termination, ruling, payment adjustment, legal representation, guidelines Introduction: When facing a significant change in financial circumstances, it may become necessary for a divorced parent in North Dakota to request a modification or amendment to their divorce decree concerning child support. This legal process, known as the North Dakota Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support, allows the custodial or noncustodial parent to petition the court for a reduction in child support payments due to a substantial change in circumstances affecting their ability to fulfill the current financial obligations. Types of North Dakota Motion to Modify or Amend Divorce Decree: 1. Petition for Modification Due to Income Change: In the event of a significant decrease in income for either the custodial or noncustodial parent, this type of motion allows for a reduction in child support payments according to the updated financial circumstances. The court will consider the existing child support guidelines and the best interests of the child or children involved. 2. Petition for Modification Due to Custody Changes: If the custody arrangement changes substantially, such as the custodial parent relinquishing primary physical custody to the noncustodial parent, a motion may be filed to address the adjustment of child support obligations. The court will assess the new custodial arrangement and determine whether a decrease in child support is warranted. 3. Petition for Consideration of Other Factors: In certain cases, unforeseen circumstances not directly related to income or custody may impact a parent's ability to maintain the current child support obligations. These factors could include medical emergencies, job loss, or an increase in childcare expenses. The motion will outline these exceptional circumstances, and the court will evaluate their validity to decide on a potential decrease in child support payments. Procedure: To initiate a North Dakota Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support, the filing party should consult with an attorney to ensure that the necessary steps are followed accurately. Below is a general outline of the process: 1. Gather Documentation: Collect all relevant documentation, including financial records, income statements, custody arrangements, and any supporting evidence pertaining to the substantial change in circumstances. 2. Complete the Petition: Draft a formal petition, specifically stating the reasons for the requested decrease in child support, citing relevant statutes and factors affecting the child's welfare. 3. File the Petition: File the completed petition with the appropriate North Dakota family court, paying any applicable filing fees. Ensure that copies are properly served to the opposing party. 4. Attending Court Hearing: Both parties, along with their legal representatives, should attend the court hearing. They will present their arguments, provide supporting evidence, and answer any questions the court may have. 5. Ruling and Payment Adjustment: Upon evaluating all factors presented, the court will render a decision to either grant or deny the motion to modify or amend the divorce decree. If approved, the decrease in child support payments will be calculated according to the modified circumstances. Conclusion: The North Dakota Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support is a legal process that offers divorced parents an avenue to seek a reduction in child support payments due to significant changes in financial circumstances or custody arrangements. When engaging in this procedure, it is crucial to consult with a knowledgeable attorney who can navigate the complexity of family law and work towards securing the best outcome for both the parent and the child's welfare.
North Dakota Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support
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In North Dakota, the obligor's income is almost always the only one taken into account when calculating child support. The obligee's income is considered only if it is at least three times that of the obligor, which doesn't happen very often. It is also considered when parties have equal residential responsibility.
Child Support will generally review the support amount and help with the court process every 18 months (18 months since the order was entered, last reviewed, or last changed) at the request of one of the parents when the case is receiving Full Services. There are some exceptions to the 18 month rule.
In North Dakota, most support obligations end when the youngest child turns 18 or the last day of the month the child graduates from high school, whichever happens later. Most North Dakota court orders will not continue past the age of 19, even if a 19 year old child is in high school.
North Dakota law uses one parent's income from the equivalent of one full-time job to determine a child support amount in sole custody cases. Both parent's incomes figure into joint custody child support.
Child Support will generally review the support amount and help with the court process every 18 months (18 months since the order was entered, last reviewed, or last changed) at the request of one of the parents when the case is receiving Full Services. There are some exceptions to the 18 month rule.
To do so, North Dakota Century Code § 14-15-19(2), requires both parents to sign away their rights in writing to the agency taking custody of the child or in the presence and with approval of a judge.
Criminal Nonpayment - A parent who willfully fails to pay child support can be prosecuted in a North Dakota court for criminal nonpayment of support. Criminal nonpayment of child support can be a Class C felony, which has a maximum punishment of 5 years in prison, a fine of $5,000, or both.
Unless otherwise specified by court order, 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.