NORTH DAKOTA

NPO AFFILIATE | ND

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POSITIVES:

  • North Dakota's PTA appropriately results in no presumptive child support transfer payment when parental income and parenting time are both equal.

NEGATIVES: 

  • North Dakota's PTA has a very high threshold of 100 days.

  • North Dakota's PTA has a large discontinuity (or discontinuities), creating a large cliff effect or multiple cliff effects.

  • North Dakota's PTA underestimates the fixed, duplicated costs involved in shared parenting.

  • North Dakota's PTA does not take into account the effect on the payer parent's household.

2019 NPO Shared Parenting Report Card

WHY DID NORTH DAKOTA RECEIVE A D?

POSITIVES:

  • North Dakota statutes require a court to consider a “friendly parent” factor in determining the best interest of a child. N.D. CENT. CODE § 14-09-06.2.1(e).

  • North Dakota statutes treat false allegations of abuse as a factor in custody decisions. N.D. CENT. CODE § 14-09-06.2.1.l

NEGATIVES: 

  • North Dakota has no statutory preference for, or presumption of, shared parenting (joint legal custody and shared physical custody) for temporary or final orders.

  • North Dakota statutes do not explicitly provide for shared parenting during temporary orders.

  • North Dakota statute does not contain any policy statement or other language encouraging shared parenting.

  • North Dakota statutes explicitly designate “a parent with more than 50 percent of the residential responsibility” as a “custodial parent” and “a parent with less than 50 percent of the residential responsibility” as a “noncustodial parent.” N.D. CENT. CODE § 14-09-06.2.1(e) This fails to resolve the terminology when each parent has 50 percent of the residential responsibility.