If you are a parent in North Dakota who is currently paying child support, and you have a significant change in income due to a loss or change in employment, you will need to change the amount of your payments.
But how do you do this?
First, you will need to make a formal request of review to a North Dakota state district court.
To request a review and a possible amendment of your payment amount, you must have a previously established court order in the North Dakota court system.
The first step to requesting a review of a previous child support court order is filling out and submitting all the required forms.
- Form 1: Notice of Motion, Motion and Brief for Review and Amendment of Child Support.
- Form 2: Financial Affidavit to Support Motion.
- Form 3: Affidavit of Service by Mail.
Form 1, the notice of motion, essentially notifies the court as well as the person receiving support payments that you are requesting a formal review of the previous court order. It also states the reason for the request.
Form 2, the financial affidavit to support the motion, is where you will submit all your financial documentation to the court for review. This includes three years of W-2’s, 1099 forms, and schedules as well as pay-stubs showing your year-to-date income for the current year.
- On this form, you will also include health insurance and medical expense information.
- If you are unemployed or self-employed, there are additional sections for you to fill out as well.
Form 3, the affidavit of service by mail, basically informs the court that you will be sending your request to the court and the other party by U.S. mail.
Once these three forms have been submitted, a judge will review them and ultimately decide to either amend the previous court order or leave it as is.
Unforeseen circumstances can arise that require a change in your child support payments. Seek legal help to ensure you are paying the proper amount.