TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 21, 2015
RE: Rule 8.14, N.D.R.Ct., Termination of Child Support Order
The Supreme Court referred a proposed amendment to Policy 505 to the committee for review and comment. The proposed amendment would automatically discontinue a child support obligation when the obligor is awarded primary residential responsibility. The committee considered this proposed amendment in September and a motion to express the committee's agreement with the proposal carried.
The Chair has requested that the committee take a second look at the proposal to consider whether it should be made in a rule rather than part of an administrative policy. Given that the proposal would create an automatic mechanism that would invalidate existing court orders, it may be more appropriate to have this set out in a public rule rather than an obscure system policy. A copy of a proposed new Rule of Court 8.14 is attached for discussion.
The amendment was originally proposed by James Fleming who directs the state Child Support Enforcement Unit. His memo explaining the proposal is attached.
Mr. Fleming's proposed amendment is contained in his memo. For the committee's convenience, and so the proposed change can be seen in context, staff has prepared a copy of Policy 505 containing the amendment. The other amendments shown in the copy have already been approved by the Administrative Council. The Policy 505 copy is attached.