Section 75-02-04.1-06.1 - Determination of support amount in multiple-family cases1. This section must be used to determine the child support amount presumed to be the correct amount of child support in all cases involving an obligor who: a. Owes duties of support payable to two or more obligees; or b. Owes a duty of support to at least one obligee and also owes a duty of support to a child living with the obligor who is not also the child of that obligee. 2. If a court consolidates proceedings involving an obligor and two or more obligees, the court must determine all obligations that may be determined in the consolidated proceeding without regard to whom the initial moving party may be. 3. A hypothetical amount that reflects the cost of supporting children living with the obligor, as determined under section 75-02-04.1-06, and a hypothetical amount due to each obligee under this chapter must first be determined for the children living with the obligor and each obligee, whether or not the obligee is a party to the proceeding, assuming for purposes of that determination: a. The obligor has no support obligations except to the obligee in question; b. The guidelines amount is not rebutted; and c. The obligor does not have extended parenting time. 4. A hypothetical amount due to each obligee under this chapter must next be determined for each obligee who is a party to the proceeding, assuming for purposes of that determination: a. The obligor's net income is reduced by: (1) The amount of child support due to all other obligees, as determined under subsection 3; and (2) The cost of supporting a child living with the obligor, who is not also the child of that obligee, as determined under section 75-02-04.1-06; b. The guidelines amount is not rebutted; c. Any support amount otherwise determined to be less than one dollar is determined to be one dollar; and d. The obligor does not have extended parenting time. 5.a. Except as provided in subdivision b, for each obligee before the court, the support obligation presumed to be the correct amount of child support is equal to one-half of the total of the two amounts determined, with respect to that obligee, under subsections 3 and 4.
b. Any necessary determination under this section must be made before an adjustment for extended parenting time appropriate under section 75-02-04.1-08.1. The "amount otherwise due under this chapter", for purposes of section 75-02-04.1-08.1, is equal to one-half of the total of the two amounts determined, with respect to that obligation, under subsections 3 and 4. 6. The fact, if it is a fact, that the obligor is required to pay, or pays, a different amount than the hypothetical amounts determined under subsections 3 and 4 is not a basis for deviation from the procedure described in this section. 7. When determining a support amount under paragraph 1 of subdivision a of subsection 4, consider only children to whom an obligor owes a current monthly support obligation pursuant to a support order and other children under the age of eighteen to whom an obligor owes a duty of support. N.D. Admin Code 75-02-04.1-06.1
Effective January 1, 1995; amended effective August 1, 1999; August 1, 2003; July 1, 2011.General Authority: NDCC 50-06-16, 50-09-25
Law Implemented: NDCC 14-09-09.7, 50-09-02(16); 42 USC 667