Child support is a financial obligation paid by a noncustodial parent (the parent who doesn’t live with their child) to the custodial parent (the parent who lives with the child). This should cover the costs of raising their child or children, such as food, clothing, shelter, education and healthcare.
What factors determine the child support amount?
In North Dakota, courts calculate child support based on guidelines set by the state’s Administrative Code. Here’s a simplified explanation of the process:
- Determining the gross and net income: The parent who pays (called the obligor) calculate their total income, including salaries, bonuses and pensions. This is the gross income. Net income is what’s left after taking out things like taxes, health insurance costs, union fees and money saved for retirement.
- Using the child support schedule: North Dakota provides a child support schedule that applies the obligor’s monthly net income to determine the support amount for one or more children. The schedule outlines the amount of support based on the obligor’s income level and the number of children.
- Considering adjustments and deviations: Courts might make adjustments to the calculated support amount. However, this depends on factors such as the extra time the obligor spends with the child, if the child has special needs or if the obligor has kids with other people. If the obligor’s situation changes significantly, like losing a job, they can ask to change the amount.
- Imputing income: If the obligor is unemployed or underemployed, the court might deduce how much they could earn based on their work skills and history.
The obligor must show proof of their income, usually with tax documents and pay stubs. These guidelines ensure that child support obligations are fair and reflect the financial abilities of the parent while addressing the needs of the child or children involved.
Secure your child’s future with the right support
When navigating child support matters, professional legal guidance can make all the difference. An attorney can clarify North Dakota family laws, negotiate fair agreements and assist with any modifications or enforcement needed.