Child Support Modification - North Dakota

MOTION TO AMEND CHILD SUPPORT

Movant: [NAME], ☐ Petitioner ☐ Respondent in the existing case

Notice of motion

To [OTHER PARTY OR COUNSEL] and [CHILD SUPPORT AGENCY, IF A PARTY]: Movant has filed the motion below and the supporting brief and exhibits that follow. Under N.D.R.Ct. 3.2(a)(1), select the applicable notice:

☐ The motion will be decided on the briefs unless a hearing is timely requested.

☐ A hearing is set for [DATE] at [TIME] before [JUDGE], [COURTROOM OR REMOTE ACCESS INFORMATION]. The hearing is for ☐ oral argument ☐ presentation of evidence ☐ both.

Notice issued by: [NAME] Date: [DATE]

Motion to amend child support

Movant asks the Court to amend the child-support obligation in the order identified below under N.D.C.C. § 14-09-08.4(4). This motion concerns child support in the existing case. Any requested change to residential responsibility or parenting time must be pleaded and served through the procedure applicable to that separate request.

1. Existing order and authority to modify

1. The current support order was entered on [DATE] by [COURT OR TRIBUNAL] in case [NUMBER]. A copy is attached as Exhibit A. It requires [OBLIGOR] to pay $[AMOUNT] per [PERIOD] for [CHILDREN]. The most recent amendment, if any, was entered on [DATE].
2. The child-support obligation sought to be changed was entered on [DATE], which is ☐ at least one year ☐ less than one year before this motion is filed.
3. The basis for this Court's authority to modify this order, including any interstate order or pending proceeding, is: [IDENTIFY ORDER, PARTIES' RESIDENCES, AND JURISDICTIONAL BASIS]. Other pending support proceedings or orders: [NONE OR DETAILS].
4. Movant gave notice of this request to [OTHER PARTY, CHILD SUPPORT AGENCY IF INVOLVED, AND OTHER REQUIRED PERSONS] as shown in the certificate of service. [DESCRIBE ANY CASE-SPECIFIC SERVICE REQUIREMENT FOR COUNSEL TO CONFIRM].

2. Statutory amendment ground

Complete the applicable route. Under N.D.C.C. § 14-09-08.4(4), an obligation entered at least one year before the motion is to be conformed to the child-support guidelines unless their presumption is rebutted; a material change of circumstances is not an additional requirement. For a motion filed within one year, the movant must also show a material change of circumstances.

☐ Order at least one year old. The attached calculation yields $[AMOUNT] per [PERIOD], compared with the present $[AMOUNT]. The guideline presumption ☐ is not rebutted ☐ is claimed to be rebutted for the reasons and evidence in Section 4.

☐ Order less than one year old. In addition to the guideline calculation, the following material change occurred after entry of the obligation: [FACTS, DATE, AND SUPPORTING DOCUMENTS]. Explain how it affects support: [EXPLANATION].

3. Guideline calculation and evidence

N.D.C.C. § 14-09-09.7(4) and N.D. Admin. Code ch. 75-02-04.1 govern the presumptive amount. Attach a completed calculation using the current guideline schedule and the applicable residential-responsibility route, including any split or equal-responsibility adjustment. Identify each supported input and any disputed one.

Calculation exhibit: [EXHIBIT B]. Income evidence: [EXHIBIT C: PAY RECORDS, TAX RECORDS, OR OTHER PROOF]. Health-coverage or special expense evidence, if relevant: [EXHIBIT D]. Explain income imputation, health costs, parenting-time treatment, and other disputed inputs: [FACTS AND RULE CITATIONS].

4. Request to rebut the guideline amount, if any

☐ No departure from the guideline amount is requested.

☐ A departure is requested. Movant asks for $[AMOUNT] per [PERIOD] because [FACTS AND EVIDENCE]. Identify the applicable rebuttal criterion in the current guidelines: [RULE AND SUBSECTION]. Under N.D.C.C. § 14-09-09.7(4), a departure in a contested matter requires proof by a preponderance of the evidence and a written or on-record finding of the guideline amount, the rebuttal criterion, and the amount after applying it.

5. Relief requested

Movant requests an order that:

1. Amends ongoing child support to $[AMOUNT] per [PERIOD] for [CHILDREN], beginning on [REQUESTED EFFECTIVE DATE, SUBJECT TO THE COURT'S DETERMINATION];
2. States the guideline calculation and, if a departure is granted, the findings required by N.D.C.C. § 14-09-09.7(4);
3. Addresses income withholding under N.D.C.C. § 14-09-09.24, unless the Court makes the statutory good-cause finding or approves a qualifying written alternative arrangement; and
4. Grants other relief supported by the pleadings and law: [SPECIFY OR "NONE"].

This motion does not itself change the existing order. Movant will continue to comply with that order unless and until the Court enters an amended one.

Date: [DATE]

Movant or counsel signature: ______________________________

Name: [NAME] Bar number, if counsel: [NUMBER]

Address: [ADDRESS] Phone: [PHONE] Email: [EMAIL]

Supporting brief under N.D.R.Ct. 3.2(a)(2)

Relief and grounds. Movant seeks amendment of the existing child-support obligation to $[AMOUNT] per [PERIOD]. The operative order, its entry date, and this Court's modification authority are identified in Section 1. Section 2 applies the applicable one-year route under N.D.C.C. § 14-09-08.4(4). The guideline calculation and income evidence are Exhibits B and C. Additional disputed inputs are addressed in [EXHIBIT D OR "NONE"].

Guideline amount and any rebuttal. N.D.C.C. § 14-09-09.7(4) presumes the guideline amount correct. The proposed amount is $[AMOUNT] per [PERIOD]. ☐ No rebuttal is sought. ☐ Movant seeks rebuttal under N.D. Admin. Code § 75-02-04.1-09(2)[SUBDIVISION] because [FACTS, EVIDENCE, AND BEST-INTEREST BASIS]. If the Court finds the presumption rebutted, movant requests the written or on-record findings stated in Section 4.

Conclusion. For these reasons, movant requests the relief in Section 5. [ADD CASE-SPECIFIC ARGUMENT AND AUTHORITIES IF NEEDED.]

Brief signed by: ______________________________ Date: [DATE]

Certificate of service

I certify that on [DATE] I served this notice of motion, motion, supporting brief, and exhibits on the following persons by the methods stated below, after checking the applicable court rules and any agency participation in this case.

Signature: ______________________________ Date: [DATE]

Filing attachments

☐ Exhibit A — current order and later amendments
☐ Exhibit B — guideline calculation and current schedule
☐ Exhibit C — income records supporting calculation
☐ Exhibit D — other relevant evidence, if used
☐ Notice of motion above, with the applicable hearing or briefs-only route completed
☐ Supporting brief above and supporting exhibits
☐ Proposed order, if required by the court

Sources

• N.D.C.C. Chapter 14-09, current official Code PDF: §§ 14-09-08.4(4), 14-09-09.7(4), and 14-09-09.24.
• N.D. Admin. Code Chapter 75-02-04.1, official guidelines PDF: §§ 75-02-04.1-02, 75-02-04.1-09, and 75-02-04.1-13.
• N.D. HHS current guidelines and worksheet: use the current guideline schedule and calculation materials.
• N.D.R.Ct. 3.2, official motion rule: notice of motion and supporting brief.