IMPORTANT NOTICE – PLEASE READ
This template is provided solely for general informational and drafting purposes. It is not legal advice and does not create an attorney–client relationship. North Dakota law is dynamic, and the facts of any given case can materially alter the legal analysis. Attorneys must independently verify all statutory references, filing requirements, and local-court procedures before use, and must tailor the form to the specific needs of their clients.
CHILD SUPPORT MODIFICATION PETITION
[IN THE DISTRICT COURT OF THE _ JUDICIAL DISTRICT, STATE OF NORTH DAKOTA]
[COUNTY OF ___, FAMILY COURT DIVISION]
In re the Marriage/Parental Rights of
Petitioner: [Full Legal Name],
and
Respondent: [Full Legal Name].
Case No. ____
VERIFIED PETITION TO MODIFY CHILD SUPPORT OBLIGATION
Effective Date: [MM/DD/YYYY]
Governing Law: North Dakota Century Code (“NDCC”) Chapter 14-09 and related North Dakota Administrative Code guidelines
Forum: Exclusive jurisdiction in the North Dakota District Court, Family Division (see § VIII)
TABLE OF CONTENTS
- Recitals and Jurisdiction
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Verification and Prayer for Relief
- Execution Block
1. RECITALS AND JURISDICTION
1.1 Parties.
(a) Petitioner [Petitioner Name] (“Petitioner”) is the [mother/father/guardian] of [Child Name(s)] and currently resides at [Address] in [County], North Dakota.
(b) Respondent [Respondent Name] (“Respondent”) is the [mother/father/guardian] of [Child Name(s)] and resides at [Address] in [County], North Dakota.
1.2 Prior Order. A valid child support order (“Existing Order”) was entered on [Date] in Case No. [__] by the [_] District Court, establishing Respondent’s support obligation at $[Amount] per [month/pay period].
1.3 Statutory Jurisdiction. This Court has continuing, exclusive jurisdiction over child support under NDCC Ch. 14-09 and the Uniform Interstate Family Support Act as adopted in North Dakota.
1.4 Purpose. Petitioner seeks a modification of the Existing Order due to a substantial change in circumstances, as set forth below, requiring recalculation under the North Dakota Child Support Guidelines promulgated by the North Dakota Department of Health & Human Services.
2. DEFINITIONS
As used in this Petition:
“Adjusted Gross Income” or “AGI” means each parent’s income calculated under the North Dakota Child Support Guidelines, inclusive of imputed income where applicable.
“Child Support Guidelines” means the guidelines codified in the North Dakota Administrative Code, Appendix C to Chapter 75-02-04.1, as amended.
“Modification Standards” means the criteria under NDCC § 14-09-08.4(3) permitting modification when (i) a 15% or greater deviation exists between the current obligation and the guideline amount, or (ii) it has been at least 18 months since entry of the Existing Order, or (iii) there has been any other material change in circumstances.
“Substantial Change in Circumstances” includes, without limitation, changes in income, health-insurance costs, parenting time, childcare expenses, or the needs of the child(ren).
3. OPERATIVE PROVISIONS
3.1 Grounds for Modification. Pursuant to the Modification Standards, Petitioner alleges:
(a) [Income Change] Respondent’s AGI has decreased/increased from $[Old AGI] to $[New AGI] effective [Date];
(b) [Parenting-Time Change] The parties’ parenting schedule has changed to [describe];
(c) [Health/Needs] [Child Name] requires ongoing medical/educational expenses of $[Amount] per [month/year];
(d) [Other] ________.
3.2 Guideline Recalculation. Applying the Child Support Guidelines to the parties’ current AGIs and allowable deductions, the presumptive support obligation is $[New Amount] per [month/pay period], representing a deviation of [__]% from the Existing Order.
3.3 Requested Relief. Petitioner prays that the Court:
(a) Set Respondent’s ongoing support at $[New Amount] per [month/pay period] commencing [Date];
(b) Order income withholding pursuant to NDCC § 14-09-09.7;
(c) Allocate uninsured medical, dental, and vision expenses [percentage split];
(d) Award retroactive adjustment (credit or arrears) from [Date] through entry of the modified order;
(e) Grant such other and further relief as justice requires.
3.4 Conditions Precedent. Petitioner has complied with statutory review periods and any administrative remedies prerequisite to court modification.
4. REPRESENTATIONS & WARRANTIES
4.1 Accuracy of Financial Information. Each party represents that all financial affidavits submitted contemporaneously are true, complete, and accurate to the best of that party’s knowledge.
4.2 No Other Proceedings. The undersigned represents that, except as disclosed, no other action regarding support for the subject child(ren) is pending in any jurisdiction.
4.3 Survival. The representations in Section 4 shall survive entry of any modified support order.
5. COVENANTS
5.1 Continuing Disclosure. Each party shall promptly update the other and the Court regarding any material change in employment, income, or health-insurance coverage.
5.2 Documentation. Parties covenant to provide tax returns, pay stubs, and other income documentation annually on or before [Date].
5.3 Health Insurance. The party responsible for coverage shall maintain adequate insurance for the child(ren) and supply cards/documentation within 10 days of any change.
6. DEFAULT & REMEDIES
6.1 Events of Default. Breach includes failure to (i) pay support as ordered, (ii) maintain insurance, (iii) provide required disclosures.
6.2 Notice & Cure. A non-defaulting party shall give written notice; the defaulting party has 10 court days to cure monetary defaults and 30 days for non-monetary defaults, unless extraordinary circumstances justify immediate enforcement.
6.3 Remedies. Upon default, the non-defaulting party may seek:
(a) Wage withholding (automatic under NDCC § 14-09-09.7);
(b) State and federal tax refund intercepts;
(c) Contempt sanctions;
(d) Judgment for arrears with interest at the statutory rate;
(e) Attorney’s fees and costs incurred in enforcing the order.
7. RISK ALLOCATION
7.1 Indemnification. [Not Applicable per metadata.]
7.2 Limitation of Liability. Each party’s liability is statutorily capped at the support amount determined by the Guidelines plus any accrued interest, statutory penalties, and attorney’s fees.
7.3 Force Majeure. Payment obligations are not excused except as provided by law; however, temporary relief may be sought upon proof of involuntary unemployment or disability as recognized under NDCC § 14-09-09.3.
8. DISPUTE RESOLUTION
8.1 Governing Law. This proceeding is governed exclusively by North Dakota law, including NDCC Ch. 14-09 and administrative regulations.
8.2 Forum Selection. The North Dakota District Court, Family Division, [County], retains exclusive jurisdiction.
8.3 Arbitration. Not available for child support matters under ND law.
8.4 Jury Waiver. Jury trials are unavailable in family-court support proceedings.
8.5 Injunctive Relief. The Court may issue immediate wage-withholding orders and other equitable relief as allowed by statute.
9. GENERAL PROVISIONS
9.1 Amendment. Any modification of the eventual order must be in writing and approved by the Court.
9.2 Assignment. Rights and obligations concerning child support are not assignable except as permitted by law to state support enforcement agencies.
9.3 Severability. If any provision of the modified order is found unenforceable, remaining provisions shall be given full effect consistent with North Dakota law.
9.4 Integration. The modified support order shall supersede all prior inconsistent provisions regarding child support.
9.5 Electronic Signatures. The Court and parties may accept electronic filings and signatures as valid under the North Dakota Rules of Electronic Filing.
10. VERIFICATION AND PRAYER FOR RELIEF
I, [Petitioner Name], being duly sworn, verify under penalty of perjury under the laws of the State of North Dakota that the foregoing is true and correct to the best of my knowledge, information, and belief, and respectfully request the relief stated herein.
Date: __ Respectfully submitted,
[Petitioner Name], Pro Se/By Counsel
11. EXECUTION BLOCK
Prepared and submitted by:
Attorney for Petitioner (if any):
Name: _____
ND Bar No.: ___
Firm: _____
Address: _____
Telephone: _____
Email: _____
[NOTARY BLOCK – if required by local rule]
State of North Dakota )
County of ______ ) ss.
Subscribed and sworn before me on this ___ day of __, 20, by [Petitioner Name].
Notary Public for the State of North Dakota
My commission expires: __
[// GUIDANCE:
1. Attach updated financial affidavits and a proposed child-support worksheet per ND Admin. Code 75-02-04.1 Appendix C.
2. Serve Respondent pursuant to N.D. R. Civ. P. 4 and local family-court rules.
3. Calendaring: Obtain a hearing date within the statutory review period (minimum 18 months since last order unless 15% deviation or other substantive change qualifies).
4. Consider simultaneous motion for interim relief if immediate wage withholding or medical support is critical.
5. Check county-specific filing fees and e-filing requirements.
]
End of Template