North Dakota Divorce Laws

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North Dakota Divorce Laws regarding Child Support

The Court may issue orders as per which both or either of the parents has to offer money to support the children. Such a child support has to be provided by the parents till the end of the month when the child becomes 19 years old or graduates from high school, whichever happens earlier, subject to the following conditions -

• The child is staying with the person who has been allocated the duty of support
• The child is enrolled in a high school and is attending it and has completed 18 years of age before there are expectations that the child completes graduation

Child Support Guidelines are established by the department of human services in order to help the Court to calculate the amount of child support expected from a particular parent. The chapters 14-09-09.7, 14-09-08.2 and 14-09-08 of the Century Code of this state form the basis of the decision regarding child support.

North Dakota Divorce Laws regarding Child Custody

The Court evaluates several factors that impact the best interests and welfare of the child. Some of these factors are as follows -

• If one parent makes false allegations regarding the other parent in ill faith with an intention of harming the child
• If any individual frequents or is present in or resides in the household of the child's parent and there is a possibility that this individual might considerably impact the best interests of the child, then the relation and interaction or the potential for relation and interaction amongst this child and this person are considered. The past record of such person of assaulting, making bodily injury or physical harm to other persons is taken into account
• Proof of domestic violence
• If the Court is of the opinion that the child has enough experience, understanding and intelligence to form a preference, then the reasonable preference of the child is considered
• The record of the child in the community, in school and at home
• The physical and mental health of the parents
• The moral fitness of the parents
• Whether the proposed or existing custodial home has permanency as a family unit
• The duration for which the child has resided in a satisfactory and stable ambience and the wish to continue the same
• The nature of the parents to offer to the child medical care, clothing, food, other material needs and other remedial care
• The emotional ties, affection and love amongst the child and the parents

Maintenance

The issue of alimony is based on Chapters 14-05-24.1 of the North Dakota Century Code. The Court might issue orders that one partner has to offer alimony to the other partner for any duration after considering the circumstances of the parties.

Property distribution

The Court intends to equitably distribute the debts and property amongst the partners. Sometimes a party may fail to reveal property and debts as per the rules of the Supreme Court and in this case the Court redistributes property in a post judgment procedure.

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