This form is motion for modification of a prior custody divorce decree in order to obtain sole custody of a minor child on the grounds that the present custodial parent is unfit to continue to have sole custody of the child. This form is a generic example of such an motion that may be referred to when preparing such a pleading for your particular state.
North Dakota Motion for Modification or Amendment of Prior Custody Order in Divorce Decree to Obtain Sole Custody of Minor Child Due to Unfitness of Custodial Parent
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How to fill out Motion For Modification Or Amendment Of Prior Custody Order In Divorce Decree To Obtain Sole Custody Of Minor Child Due To Unfitness Of Custodial Parent?
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FAQ
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.
For example, an obligor with a net monthly income of $2,000 will pay $431 to support one child and $562 for two children per North Dakota's guidelines (as of 2018).
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.
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.
After divorce, both the parents have an equal right over the custody of the minor child. In absence of any mutual agreement, the court can grant custody to any parent keeping in view the factors mentioned above and make that parent solely responsible for the life decisions of the minor child.
The parent asking for modifications to parenting time (visitation) in the current order makes the request in a written motion to the court. The other parent may respond to the modification request by answering the motion in writing.
The Supreme Court of North Dakota has consistently held that the parents cannot simply decide that there will be no child support exchanged, as ?the right to the support belongs to the child.? Larson v. Larson, 2005 ND 67, ¶ 11, 694 N.W.
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.
