North Dakota Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support

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Multi-State
Control #:
US-00800BG
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Word; 
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Description

This form is used to justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.

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FAQ

Father's Rights to Child Custody and Visitation This means decisions regarding the child's residency as well as a visitation schedule by the non-custodial parents are all made with the child's best interests and wellbeing in mind.

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.

There are no hard-and-fast rules as to the age at which a child is considered mature enough to testify as to a preference regarding residential responsibility. A court might find a ten year old in one case mature enough to express a preference, but find otherwise regarding a thirteen year old in another case.

Interest is charged on past-due support when the support was ordered by a North Dakota court. The 2023 interest rate is 10.00%. Interest is charged on the past-due principal balance (simple interest). Interest accrual may be suspended by entering into a payment plan with Child Support.

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.

Under North Dakota law, each parent has the following rights and responsibilities: the right to see (and get copies of) the child's educational, medical, dental, religious, insurance, and other records. the right to attend educational conferences concerning the child.

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.

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North Dakota Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support