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What are the paying parent’s duties in a child support review?

| Dec 5, 2019 | Child Support |

After a North Dakota divorce, people might make the mistake of thinking that the case is settled and they need to do nothing more than adhere to the terms of the agreement or court decision.

However, there are certain aspects of a family law case that will be ongoing. For example, there will be periodic reviews of a child support order. A paying parent, the obligor, is required to do certain things as part of this review.

If there is a desire to adjust the agreement in any way, or the parents’ financial situation has changed, parents will be expected to provide certain information. This is true for both the paying parent and the custodial parent. If there was enough information provided previously during a review request, then no new information is needed. If there is a need for updated information, the information must be given to the court.

Included in this information is an income report that is completed and attested to by the paying parent. It must be provided in the way the child support agency requests it. There must also be earnings statements from the income of the paying parent if there was a job change after the latest tax year when a return was filed. Finally, a copy of the income tax return must be provided and verified as accurate. It cannot have been for a fiscal year than ended more than 17 months before the review date.

Reviews are a basic part of a child support case. In many instances, there is no issue and the parties will give this information to ensure the amount paid is up to date and remains unchanged. In others, such as when there are concerns about the support amount being sufficient for raising a child, or there is a request for a child support modification, it can be a worrisome situation. Having legal advice for the review can be essential, and a law firm experienced in family law may help.

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