Fargo Family Law Blog

When a couple has a child in North Dakota and divorces, there will be a child support order. In general, the noncustodial parent will pay support to the custodial parent so the child can be properly cared for. The amount in the order will be based on the state's child support guidelines. Earnings are critical when determining how much the support order will be. There are other factors that will be considered in addition to income. Many people might be under the impression that once the order is made, it cannot be changed. That, however, is not the case. A modification is possible if the circumstances warrant it.

The modification will not be done automatically. There must be a court order to make a change just as there was a court order for the original amount. A review will be conducted every 18 months. This is 18 months from the order, the previous review or the previous change. It is done when one of the parents is getting Full Services from state. Exceptions to the rule that it will be done every 18 months include there being zero dollars awarded or if a parent who is ordered to pay begins receiving Supplemental Security Income or other disability after the order. Either parent can ask for a review.

When pursuing a fault-based divorce in North Dakota, there are many reasons why the request will be granted by the court. Some of the basics that most will think about when considering a reason for divorce are adultery and abuse. One that does not get significant attention is desertion. However, it happens quite often and those who are considering a divorce because they believe a spouse has deserted them should know what the law says about how desertion is defined.

If the parties have separated, there are various categories that show desertion has taken place. If a spouse has refused to take part in reasonable marital intercourse when they are healthy enough and physically able to do so, or if there is a refusal to reside in the same home when there is no reason to do so, it will be considered desertion. A party who has been schemed against or defrauded to leave the residence or is absent and while that person is absent, the other spouse leaves intending to desert, it will be desertion. If a spouse departs the residence because of cruelty or due to bodily harm when the other spouse would be apprehended is not desertion by the party who leaves, but the other party.

In order to succeed in the world of entrepreneurship, you had to put in significant hours of work. Your years of personal sacrifice and financial investment may be finally paying off, and your business may be enjoying growth and success. However, a divorce may threaten your North Dakota small business, and you understand how important it is to protect your company's financial interests at this time.

Many business owners find great benefit in drafting a prenuptial agreement. This document can allow you to decide how to handle the division of marital property in the event of a divorce, which can help you avoid contentious legal battles over business assets. However, if you do not have a prenuptial agreement, how can you shield your business in the event of a divorce?

In a child custody proceeding, while it is preferable for all North Dakota parties - including the child - that the case go smoothly and the best interests of the child take precedence, it is unavoidable that there will be disagreements that cannot be settled through negotiation. When there is this level of child custody dispute and one or both parties want an investigation and report as to parental rights and responsibilities, the courts can order that this be done. Understanding the law for custody investigations and reports and what it entails is imperative for the party that requests it and the other party.

The court will name a person or agency to investigate the case and make the report. It will name an entity it deems qualified to move forward with it. Once the investigator is named, it is possible to consult with anyone who might have pertinent information regarding the child and any arrangements regarding parenting rights and responsibilities. This individual, upon court order, can refer the child to a professional for an examination and diagnosis.