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Determining Child Support And Spousal Support In North Dakota

Child support and spousal support laws are meant to ensure fair distribution of finances, benefiting children and spouses in times of transition and beyond.

The attorneys at Knoll Leibel LLP offer 40 years of professional experience in navigating these regulations. Our family law attorneys provide a comprehensive range of services to clients in Bismarck and the surrounding area. Along with protecting the interests and rights of our client during child and spousal support negotiations, including representation in initial determination hearings, we also handle enforcement issues and modification proceedings. We understand that families are complex and remain committed to achieving fair outcomes for clients and their children, whether using mediation or representing clients in court.

Determining Child Support

The state uses specific guidelines and calculators to estimate payments, ensuring fairness and consistency. These tools help parents understand their obligations and rights, fostering cooperation for the children’s best interests. Key considerations for child support amounts are:

  • Income of the parent(s) obligated to pay support
  • Number of children involved
  • Number of overnights annually with each parent

Knoll Leibel LLP helps clients find a fair support arrangement, providing clarity and guidance.

Spousal Support Arrangements

Spousal support or alimony, is designed to financially assist a spouse after the divorce is final. It is applicable when there is a significant disparity in financial resources between spouses. Some factors influencing spousal support decisions include, but are not limited to:

  • Duration of the marriage
  • Standard of living during the marriage
  • Each spouse’s financial resources and needs

Courts in North Dakota frequently refer to the issue of spousal support as “Need versus Ability to Pay.” State law distinguishes between temporary and permanent support, with nuances based on the individual circumstances of each case. Temporary support ensures neither spouse is financially destitute during divorce proceedings, while rehabilitative support helps a spouse gain education or work experience for self-sufficiency post-divorce. Permanent support is less common today, with both spouses often working outside the house. Still, it can apply, particularly for those who divorce later in life or if a spouse cannot become self-supporting due to significant circumstances.

Common Questions Our Lawyers Hear

We understand that the details of each divorce are different. Knoll Leibel LLP works with the client to create a strategy that reflects the client’s needs. Still, here are some answers to questions our divorce attorneys often hear during our initial consultations:

When does child support end in North Dakota?

Child support typically ends when the child turns 18 or graduates from high school, whichever occurs later. However, support may continue past this age if the child has special needs, or the parents agree to extend support.

What happens if I don’t receive my child support payments?

You can seek assistance from the North Dakota Child Support Enforcement Program. They can help enforce the court order through wage garnishment, intercepting tax refunds or taking legal action. Documenting missed payments and promptly communicating with the enforcement agency is essential.

When can child or spousal support be modified?

Child or spousal support can be modified when material circumstances significantly change, such as a change in income, employment status or the needs of the child or spouse. Either party can request a modification through the court, and it’s crucial to provide evidence supporting the need for adjustment.

Want To Learn More?

Call Knoll Leibel LLP‘s Bismarck office at 701-255-2010 or fill out our online form to schedule an initial consultation with our experienced child support and spousal support attorneys. Find out how we care about our clients.