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North Dakota Child Support Questions & Answers

1 Answer | Asked in Family Law, Child Custody and Child Support for North Dakota on

Q: How can i change my parenting plan if both party's agree.

my ex and I have 2 kids and a current parenting plan. in are plan it states that we are to revisit it when my oldest child starts school. we have talked about it and have agreed on a change in parenting time. I'm wondering what steps i need to take now to make it part of the plan and for child... Read more »

Lesley B Foss answered on Oct 19, 2018

You would need to write up and file with the Court a written Stipulation reflecting what provisions of the Judgment you've agreed to modify. Both parties would need to sign and notarize the Stipulation. You then need to prepare and file a proposed Order and a proposed Amended Judgment.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Dakota on

Q: Child custody

We were living in oklahoma from April 2017 to April 2018. My children's dad and I decided to move back up to North Dakota. And he went back to Oklahoma for work and we ended up splitting up a month and a half later. He's threatened to take the kids away from me in the past. He raped me whenever we... Read more »

Nicholas Nelson answered on Jun 18, 2018

Your question has multiple factors that cannot be adequately answered without a full consultation.

However, general speaking, a parent may bring a custody dispute in ND if the child lives in ND. To protect your parental rights, you may want to file for a judicial order that gives you...
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1 Answer | Asked in Family Law, Criminal Law, Child Custody and Child Support for North Dakota on

Q: Friend had baby not married to the father. Father took son, & keeping him from her. Don't know where son is. Illegal?

He isn't letting her, see, talk, or know anything of her child well-being. The are unmarried, and both on birth certificate.

Gregory William Liebl answered on Mar 26, 2018

Like most legal answers, it really depends. What state are they living in? Is there an Order/Judgment in place? In North Dakota, if there isn't anything in place, he has as much of a right to the child as the mother does. That being said, he should not keep the child from her. There are different... Read more »

1 Answer | Asked in Child Support for North Dakota on

Q: hello i just recently just had a daughter and me and the mother are sharing custody. Can we not accept support?

We are wondering if we both help support our daughter in every way but dont live together.

We both dont want help from child support and want to do this ourselves and not ask for state help can we?

Lucas Wynne answered on Mar 23, 2018

If you are going through a custody battle, the second it goes into court there will be child support established. Whether you want it to be established or not will not matter to the court. Why? Because the state considers child support the right of the child, not the parents. The only way to avoid... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Collections for North Dakota on

Q: how do I stop child support for a child that has been living on his own for 2 yrs, outside of PR?

Mom has been receiving the money and hasn’t given my son any of it. He has been living in North Dakota for 2 yrs, supporting himself. How can I stop the child support (close the case) and can I sue his mother to get back the money that belonged to taking care of him.

Michael David Siegel answered on Feb 21, 2018

Bring an application in the court that entered the order.

1 Answer | Asked in Family Law, Child Custody and Child Support for North Dakota on

Q: Do I need an attorney and if so from which state, I live in ND but parenting plan was from FL

In 2012 judge granted me to relocate to TN from FL w/daughter. In 2014 we moved to ND, her dad was fine with. Our son that stayed w/dad has flown up here many times. Daughter has never been asked by dad to visit and he never calls her. I’m now seeking support so dad has filed contemp for not... Read more »

Gregory William Liebl answered on Jan 30, 2018

It never hurts to consult an attorney. The laws on moves out-of-state vary between states and so it is important to know where he brought his motion. You should probably call an attorney in the state he brought the motion to see what your options are.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Dakota on

Q: Does joint split custody exist to where neither parent pays the other child support? Can fathers win a case like this?

Why do fathers have no right or avenues to have equal rights when it comes to the child? I am married with two other kids with my current wife. I would like my child support for my oldest lowered or have equal custody so I can take care of the needs of all my children. Instead of giving the mom... Read more »

Lucas Wynne answered on Jan 23, 2018

Even with equal residential responsibility, the person who makes more money will still be required to pay the other child support.

2 Answers | Asked in Divorce, Family Law and Child Support for North Dakota on

Q: Can you make your own child support agreement In the state of North Dakota? If both partner agree to the terms?

Lucas Wynne answered on Jan 16, 2018

No. Child support is according to court order and the child support guidelines.

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1 Answer | Asked in Child Support for North Dakota on

Q: I have 2 children one is not my ex husbands does it effect child support?

I have 2 children one of them is my ex husbands, the second was born while i was still married but is not his, can i be denied child support for my oldest who is his because my 2nd child isnt his but the state is saying my 2nd is his because i was still married even though ive expressed shes not.... Read more »

Nicholas Nelson answered on Jan 2, 2018

Each minor child is entitled to child support. Generally, whether you were married when the child is born is merely a factor for the court to consider. The court will also consider whether a person other than the paternal father held out the child as his own child and acted in the capacity as... Read more »

2 Answers | Asked in Child Custody and Child Support for North Dakota on

Q: How do you get the court to drop child support when you didn't know the child was yours? Cause the mother lied

I believe it's unfair to the father. The mother didn't know who the father was but now the state coming after you for child support and you didn't even know

Lucas Wynne answered on Dec 20, 2017

You have a paternity test done.

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1 Answer | Asked in Child Custody and Child Support for North Dakota on

Q: Who would I have to talk to if I want to live with my dad and I'm 16?

My mom doesn't want me to live with my dad because then she will have to pay child support and she only wants me to stay so she can use the money she gets from him for rent.

Lucas Wynne answered on Dec 19, 2017

Although I am sure you feel at the middle of this issue, the legal issue here is between your parents. If your parent wants to make a motion based on your wishes (in this case, your father), that is up to your parent.

1 Answer | Asked in Child Support and Child Custody for North Dakota on

Q: If I file child support and the Dad has not been in her life at all what are his chances of getting custody

We had an agreement but he has not paid nor contacted or seen her in two years I’m scared the courts will allow him to have her when she has no clue who he is if I file child support

Lucas Wynne answered on Dec 19, 2017

I run into issues like this frequently in my practice. Your first step is to contact an attorney. His odds of getting custody cannot be predicted and you should not listen to any attorney who guarantees an outcome, which is an ethics violation.

2 Answers | Asked in Child Support for North Dakota on

Q: What is the maximum amount of child support allowed to be taken out of my paycheck?

I currently live and work in North Dakota. I pay child support for one child in Indiana & two in Michigan. Currently I am behind on both cases by a significant amount. I noticed 65% of my net pay is being taken out for child support. Is this legal or is it too high? Personally, I am not able... Read more »

Nicholas Nelson answered on Dec 12, 2017

Here are the North Dakota Child Support Guidelines. NDCC 14-09-09.7. Other law may apply to your situation. You should not rely on the information provided, as adequate legal advice cannot be rendered before an attorney meets with a potential client and discusses all relevant facts to the... Read more »

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2 Answers | Asked in Child Support for North Dakota on

Q: I make about 500 a month at my current job and it isn't enough to pay my full child support payment...my payment is 285

I tried to file for a review to lower it but they told me they won't lower it.. When I first got on child support my worker told me that since I didn't have a job my payment would be 285 a month is there anything I can do about lowering it so I can afford it?

Nicholas Nelson answered on Dec 12, 2017

Here is North Dakota Law regarding periodic review of child support orders. North Dakota Century Code 14-09-08.4 and 14-09-08.6. Other law may apply to your situation. An attorney cannot provide adequate legal advice until first meeting with the client and discussing all facts relevant to the... Read more »

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1 Answer | Asked in Child Support for North Dakota on

Q: Can we file for divorce in ND and not get courts involved with child support?

Lucas Wynne answered on Nov 7, 2017

Child support is set under the law, you cannot avoid paying child support.

2 Answers | Asked in Child Custody and Child Support for North Dakota on

Q: The Court issued Child support for a child that was not established in a paternity test.

My Husband is an alleged Father, but my husband wants to establish paternity and have the custody options if results are positive or have child support removed if results are negative. Is this an option? Child support is for ND, however we are Residents of SC. He did not attend the original hearing... Read more »

Lucas Wynne answered on Nov 5, 2017

This question is too complicated to provide an answer over the internet. You need to consult with a lawyer.

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2 Answers | Asked in Child Support for North Dakota on

Q: My ex-husband and I are working on getting back together. How do we stop child support?

Lucas Wynne answered on Nov 5, 2017

Child support is the right of the child, not of the parent. If you want to stop child support, get remarried and inform the child support unit. You may need a lawyer if extra steps are required.

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1 Answer | Asked in Child Support for North Dakota on

Q: If my case is reopened in court does the other party still have to pay?

Lucas Wynne answered on Sep 28, 2017

This question is too broad to answer.

1 Answer | Asked in Child Support for North Dakota on

Q: Would a parent be responsible for arrears although their name wasnt on the childs birth certificate until 2 years old?

The father of our child was aware of my pregnancy and the birth, and I have documented statements from him notifying me that he did not wants his rights as a parent, and to stop contacting him, etc.....I finally reached out to him after hearing nothing from him for 2 years, to see if he wanted to... Read more »

Lucas Wynne answered on Sep 22, 2017

Because no attorney knows the particulars of your case beyond what you have written, I suggest contacting the Child Support Unit.

1 Answer | Asked in Child Custody and Child Support for North Dakota on

Q: Can I move from Missouri to ND with my child and then file for child support in ND.

My daughter lives in Missouri and wants to move back to ND with her daughter. Nothing has been filed in Missouri at this point. She would like to move to ND and then file for custody and child support from here. The father of the child is not active in her life.

Lucas Wynne answered on Sep 22, 2017

After 180 days of residing in North Dakota, your daughter may (generally) file for child custody in North Dakota as long as there is not an open case in Missouri or other jurisdictional issues present in the matter. Retaining an attorney is the best option available as child custody issues become... Read more »

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