What is my obligation to support my daughter who is 16 and will not obey our rules in North Dakota?

Full question:

What is my obligation to support my daughter who is 16 and will not obey our rules in North Dakota?

  • Category: Minors
  • Subcategory: Support
  • Date:
  • State: North Dakota

Answer:

In case you fail to pay child support, according the law prevailing in North Dakota ,you may have to face imprisonment up to 5 years or/and a fine up to 10,000 dollars.
 
N.D. Cent. Code, § 14-07-15 says:
 
“Abandonment or nonsupport of child -- Penalty.

1. Every parent or other person legally responsible for the care or support of a child who wholly abandons the child or willfully fails to furnish food, shelter, clothing, and medical attention reasonably necessary and sufficient to meet the child's needs is guilty of a class C felony.
2. Any food, shelter, clothing, or medical attention furnished by or through a welfare or charitable program of any governmental agency, civic or religious organization, or a combination thereof, or any intervening third party, on the basis of need, does not avoid, excuse, relieve, or discharge either parent or person legally responsible for care and support of a child from the criminal penalty for the willful failure or neglect to provide such support.
3. A parent is not relieved, excused, or discharged from the responsibility and criminal penalty provided in this section if the other parent is providing the child with care and support unless the parents reside together.
4. The fact, if it is a fact, that either parent may have secured a divorce awarding the custody of the child, in no manner relieves either parent from the requirements and penalty of this section, except that compliance with the terms of a child support order by a parent is an affirmative defense to a charge under this section made against that parent.”

N.D. Cent. Code, § 12.1-32-01 states the punishment:
 
“Classification of offenses -- Penalties.
Offenses are divided into seven classes, which are denominated and subject to maximum penalties, as follows:
***
4. Class C felony, for which a maximum penalty of five years' imprisonment, a fine of ten thousand dollars, or both, may be imposed.” 

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In North Dakota, parents cannot simply agree to waive child support obligations. Child support is determined based on state guidelines to ensure the child's needs are met. Any agreement must be approved by the court to be legally binding. If parents wish to modify support, they must petition the court for a change.