North Dakota Child Support Questions & Answers

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

1 Answer | Asked in Family Law, Child Custody and Child Support for North Dakota on
Answered on Oct 19, 2018
Lesley B Foss' answer
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.

Q: Child custody

1 Answer | Asked in Child Custody, Child Support and Family Law for North Dakota on
Answered on Jun 18, 2018
Nicholas Nelson's answer
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 custody and prevents the father from taking the children out of state.

***This is general legal information, and I cannot provide adequate legal advice without first discussing at length the...

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

1 Answer | Asked in Family Law, Criminal Law, Child Custody and Child Support for North Dakota on
Answered on Mar 26, 2018
Gregory William Liebl's answer
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 legal avenues to take to address this issue, which is fairly common. Contact an attorney to follow up on this and how she can handle this situation, legally.

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

1 Answer | Asked in Child Support for North Dakota on
Answered on Mar 23, 2018
Lucas Wynne's answer
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 child support ever being established is to never have your case enter a courtroom. Even then, the state also has the right to petition for child support independently. But beware! If child support is...

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

1 Answer | Asked in Family Law, Child Custody, Child Support and Collections for North Dakota on
Answered on Feb 21, 2018
Michael David Siegel's answer
Bring an application in the court that entered the order.

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

1 Answer | Asked in Family Law, Child Custody and Child Support for North Dakota on
Answered on Jan 30, 2018
Gregory William Liebl's answer
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.

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

1 Answer | Asked in Child Custody, Child Support and Family Law for North Dakota on
Answered on Jan 23, 2018
Lucas Wynne's answer
Even with equal residential responsibility, the person who makes more money will still be required to pay the other child support.

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

1 Answer | Asked in Child Support for North Dakota on
Answered on Jan 2, 2018
Nicholas Nelson's answer
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 father. Child support can be particularly difficult when dealing with more than one father coupled with a divorce - you should seek a licensed attorney to assist you in this matter. Good luck to you!

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

1 Answer | Asked in Child Custody and Child Support for North Dakota on
Answered on Dec 19, 2017
Lucas Wynne's answer
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.

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

1 Answer | Asked in Child Support and Child Custody for North Dakota on
Answered on Dec 19, 2017
Lucas Wynne's answer
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.

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

2 Answers | Asked in Child Support for North Dakota on
Answered on Dec 12, 2017
Nicholas Nelson's answer
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 specific matter. Good luck!

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

2 Answers | Asked in Child Support for North Dakota on
Answered on Dec 12, 2017
Nicholas Nelson's answer
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 matter. I hope this helps!

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

1 Answer | Asked in Child Support for North Dakota on
Answered on Nov 7, 2017
Lucas Wynne's answer
Child support is set under the law, you cannot avoid paying child support.

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

2 Answers | Asked in Child Custody and Child Support for North Dakota on
Answered on Nov 5, 2017
Lucas Wynne's answer
This question is too complicated to provide an answer over the internet. You need to consult with a lawyer.

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

2 Answers | Asked in Child Support for North Dakota on
Answered on Nov 5, 2017
Lucas Wynne's answer
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.

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

1 Answer | Asked in Child Support for North Dakota on
Answered on Sep 28, 2017
Lucas Wynne's answer
This question is too broad to answer.

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

1 Answer | Asked in Child Support for North Dakota on
Answered on Sep 22, 2017
Lucas Wynne's answer
Because no attorney knows the particulars of your case beyond what you have written, I suggest contacting the Child Support Unit.

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

1 Answer | Asked in Child Custody and Child Support for North Dakota on
Answered on Sep 22, 2017
Lucas Wynne's answer
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 contentious quickly. I hope this answer helps.

Q: I paid 5yrs child support in wa state but my ex said to ND I didn't pay, lied about income I made how do I fix this?

1 Answer | Asked in Child Support for North Dakota on
Answered on Sep 22, 2017
Lucas Wynne's answer
You will need to produce proof of the payments. Hiring an attorney would be wise.

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