When the parent of a child is ordered to pay child support in North Dakota, typically, they will have to make payments until the child reaches the age of majority in the state, gets married, or graduates high school. However, if the child has a disability or special needs, their parents may have to pay child support past the age of majority.
A child support order is an order that is issued by a court, often a family court. These orders may give a date when a paying parent can stop child support payments.
A parent who has to pay child support based on a court order should ensure that they always obey the terms of that order. If a parent has questions about child support orders in North Dakota, they should reach out to a local attorney in North Dakota who will review their order and provide them with an understanding of the details.
The paying parent should keep making their required payments until a new order is issued that indicates they can stop. If their current order provides a date that their obligation ends, they can stop on that date.
When a parent believes their existing child support order needs modification, they will have to ask the court for a modification. Some situations, such as a job loss or custody change, can serve as the basis for a modification.
When Is Child Support Ordered?
A requirement to pay child support in North Dakota may result from a North Dakota divorce or a legal separation. The court may also issue a child support order following a paternity lawsuit when a father seeks custody or visitation rights.
An unmarried mother can ask for the child’s father to pay child support. A child support order will be legally binding on both of a child’s parents, no matter the reason for it being issued.
If a court in North Dakota orders one parent to pay child support, that parent may face legal consequences for not making the required payments. In most cases, the parent who does not have custody makes the payments to the parent with custody.
The North Dakota court will use the child support formulas and guidelines provided by the state when calculating child support. Parents who have custody of a child will not have to pay child support because they are already supporting the child financially.
Courts in North Dakota will review numerous factors when they make child support decisions, including:
- The income of each of the parents
- Any additional childcare expenses
- The child’s best interests standard
- The custody arrangement that the parents have, which may include joint or sole custody
- The number of children that each of the parents has
- The age of the children for whom the paying parent is paying support
In certain situations, noncustodial parents may be required to pay retroactive child support. This may occur if a noncustodial parent was not making child support payments during a divorce. Once a divorce is finalized, the paying parent may have to pay support for that interim period.
How Is a Child Support Award Enforced?
Obligations for child support are enforced by state programs as required under federal laws. The North Carolina Department of Human and Health Services enforces child support orders in the state.
Child support enforcement agencies can give clients many different types of services when they need assistance, including:
- Helping the child’s custodial parent get a court order for child support
- Helping to establish paternity
- Locating the other parent when their location is not known
- Enforcing an already existing child support order by collecting child support amounts owed and providing them to the receiving parent
It is common for the child support enforcement agency to start by sending letters to the paying parent attempting to collect the past-due support amount before taking other actions. If that is not successful, the enforcement agency may take other actions, such as:
- Charging interest on child support payments that are past due
- Intercepting winnings from sports betting
- Denying loans, grants, or passports
- Placing liens on property
- Increasing the amount of money that the agency withholds from a parent’s paycheck
- Setting up a payment plan
- Intercepting federal and state tax refunds
How Can I Avoid a Child Support Increase?
Paying parents may be worried about whether or not they will be able to modify their child support order. In addition, a paying parent may want to know what they might be required to pay.
The child support guidelines typically do not automatically adjust child support awards if changes occur. When one of the parents needs to request a decrease or increase in their payment amount, they will need to petition the court to modify their order.
There may be different reasons for a court to order an increase in child support amounts, such as:
- Changes in income
- Changes in the needs of the child
- Changes in the custody schedule
- Changes in childcare arrangements
- Changes in health insurance
How Can I Stop Paying Child Support?
There are certain situations in which a paying parent may be able to stop paying child support or to close a child support case, such as:
- The child reaches the age of majority
- The child dies
- A court terminates the rights of a parent
- The child becomes self-supporting
- The child graduates high school
- The child is legally emancipated
If a paying parent loses their job and it was not their fault, they can ask the court to lower or even terminate their payment obligation. If you have questions about valid reasons to close child support cases, contact a lawyer.
Do Child Support Payments End Automatically?
Child support requirements typically do not end automatically. However, as noted above, if the order does give a termination date for payments, their obligation will end on that date.
Parents who pay child support should know that they are responsible for making sure that their child support payment obligations terminate at the appropriate time based on their circumstances.
How To Get Child Support Arrears Dismissed
There are times when parents who pay child support may fall behind on making those payments. Payments that are past due are referred to as arrears. Even if the paying parent’s obligation has ended, they still have to pay arrears that they owe.
It may be difficult to get arrears amounts dismissed. A paying parent may be able to file a motion to dismiss child support arrears if they have a legitimate reason they are unable to make their payments, such as a disability.
Do I Need a Lawyer for Help With Terminating Child Support?
If you are a parent in North Dakota who has to pay child support and you think you may qualify to stop making payments, it is important to reach out to a North Dakota child support lawyer. Your lawyer will help you determine your eligibility to lower or stop your payments, as well as petition the court to modify your current order.
LegalMatch provides you with a no cost and easy way to find a lawyer in your area who can help you resolve any child support concerns you may have. All you need to do is submit your issue on the LegalMatch website, and you will get responses from member attorneys that include their background, fee information, and reviews from past clients.
