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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87229
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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can parents in north dakota agree to pay half of the childrens

Resolved Question:

can parents in north dakota agree to pay half of the children's expenses each month instead of have child support ordered?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

Absolutely. Please understand that the Court only orders default child support if:

1) the parties cannot agree; and
2) the custodian of the child asks the Court to do so.

If both parties agree to an arrangement when it comes to child support and/or other financial arrangements, the Court will generally sign off on it in the presumption that the parents are acting in the best interest of the child.

Ergo, if the two of you are in agreement to a scheme that is not necessarily reflective of the default rules, then the Court will gladly sign off on it in most circumstances, with the assumption that this is a good decision for you and the child.

So yes, the Court decree can simply state:
1) no child support; and
2) describe the half/half arrangement between the two of you.

As long as both parties agree, that is all that is required. This is not unusual.

I hope this helps and clarifies. Good luck.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups for free after rating. My ultimate goal is your complete satisfaction.
Customer: replied 1 year ago.

Below is the exact wording used in parenting plan that was submitted to North Dakota court AND rejected by Judge. What would be the reason?


 


"



  1. CHILD SUPPORT: We agree to the following arrangement for support and maintenance of our children:


 



  1. Parents agree and acknowledge that they have always split the children’s expenses and purchases before the marriage, during the marriage, and while separated contemplating divorce, 50%-50%, equally. Parents agree to it is in the children’s best interests to continue this arrangement, as it has gone without conflict, as well as due to the acknowledgement that their monthly and annual salaries are almost the same. Parents agree that this is the best child support and care arrangement for themselves and their children, as they concur that each parent makes proper purchases for the children, and the children have never gone without anything they need, in fact, parents agree the children’s standard of living and care has been comfortable and it is their goal and mutual desire for the children to maintain this standard of living moving forward. As such, parents agree to continue the child support arrangement that has been in place and worked very well.

  2. Parents agree that they do not need to get the other parent’s consent before purchasing anything either child may need, so long as it does not exceed one hundred dollars ($100.00).

  3. Parent agree any expense or need for either children that exceeds one hundred dollars ($100.00), that the parent wishing to purchase or spend the amount above one hundred dollars ($100.00) will contact the other parent and request to do so. Parents agree that they must both mutually consent to the amount and expense before the parent can purchase or spend any amount above one hundred dollars ($100.00). If either parent does not agree to an expense above one hundred ($100.00), then the parent wishing to make the purchase or expense may still make the purchase or expense, but they will be solely responsible for the total payment.

  4. Parents agree for expenses made throughout every month for fewer than one hundred dollars ($100.00) or mutually agreed to expenses that exceed that amount, that they will either show the other parent the receipt of the expense or purchase, or that they will make a copy of the receipt for the other parent to have. Parents agree that the parent who made the expense or purchase will show the other parent the receipt or provide a copy of the receipt within 15 days of the purchase or expense. The parent who owes the other parent will then have 15 days from receiving the receipt copy or seeing the receipt to remit half of the total to the other parent.

  5. Parents agree that they make almost the same amount of money monthly and annually. Christin has a net monthly income of $2123.42 net annual income of $­­­­22,911.84. Robby has a net monthly income of 1717.00 and net annual income of $21,600.00.

  6. Parent agree that this arrangement for the support, care, and needs of all children will continue until such time each minor child reaches the age of eighteen (18), marries, dies, or is otherwise emancipated. This agreed to arrangement for child support and care shall continue to be paid beyond age eighteen (18) if a child enrolled in and attending high school. Under such circumstances, the child support shall cease upon that minor child’s graduation from high school, but in no event shall support continue past the child’s nineteenth (19) birthday. The child support agreement stated in this section is based upon the North Dakota Child Support Guidelines.

  7. Parents also acknowledge that at any time, either party has the right to request a review of child support pursuant to Section 14-09-08.9 of the North Dakota Century Code. Pursuant to § 14-09-09.24 of the North Dakota Century Code, the income of the obligor is subject to immediate income withholding regardless of whether the obligor’s support payments are delinquent.


 


Both parties are notified that:



  1. Payment of support or maintenance, or both is to be as ordered herein, and the giving of gifts or making purchases of food, clothing, and the life will not fulfill the obligation.

  2. Remittance of payment of the children’s maintenance and support must be made as we have agreed to and outlined above, and failure to secure, or denial of rights of, visitation is not an excuse for nonpayment, but the aggrieved party may and both reserve the right to seek relief through proper motion filed with the court

  3. The payment of support or maintenance, or both, takes priority over payment of debts and other obligations.

  4. A party who remarries after dissolution and accepts additional obligations of support does so with full knowledge of his or her prior obligations under this proceeding.

  5. Child support and maintenance are based on annual income, and it is the responsibility of a parent with seasonal employment (should this come to be at some point throughout the children’s minor lives) to budget income so that payments are made regularly throughout the year as ordered.

Expert:  Ely replied 1 year ago.
C,

Thank you. Can you please tell me:

1) Did both parents sign off on the decree submitted; and
2) Did the Court give any reason for the rejection?
Customer: replied 1 year ago.

Yes, both parents signed off and VERY MUCH want to have this arrangement rather than having child support ordered.


 


The sole reason was Child Support!

Expert:  Ely replied 1 year ago.
C,

Thank you. Can you please clarify - are you stating that the Court stated that it WANTS the parents to agree to child support?
Customer: replied 1 year ago.

The divorce as NOT granted and the reason stated was the child support area of the parenting plan....which to me states that they don't agree with either the set-up, wording, or that the Judge presiding wants to see child support going to one parent from the other. This was an uncontested, mediated divorce with both parents being very happy with agreements made. The papers were signed and filed with both parents present.

Expert:  Ely replied 1 year ago.
Thank you, Christin.

Now, you state that both parents were present, can you please clarify? I hate to keep bugging you, but the devil is in the details.

1) Did you set the matter for an uncontested divorce hearing and both of you showed up; or
2) Did you simply submit the paper to be signed without a hearing?
3) In their scenario, what specifically did the Court state - or - it did not give a reason, or only a very short one? Please, be specific.
Customer: replied 1 year ago.

No, the parents went to courthouse together (Mom is family member), I was there....they literally went to courthouse together, filed the papers with the clerk, including parenting plan. Yesterday, they got a letter that stated that the divorce was not granted due to the child support of parenting plan. The answer was that short....a one sentence statement stating the divorce was not granted because of child support in parenting plan.

Expert:  Ely replied 1 year ago.
Thank you.

Some judges may be a stickler for two issues:

1) child support, and in general believing that they know better than the parents; or
2) wanting to make sure that every t is crossed and i is dotted.

We do not know whether here the problem the Judge has is with the actual content, or simply some procedural aspect. It is hard to say from this "note."

What the parties may wish to do is the following:
1) Call the clerk and ask when the next uncontested docket date is;
2) Show up on that uncontested docket date again (for divorce);
3) Ask the Judge what the issue was - was it the fact that there is no child support, or simply the verbiage was off? The Judge is then likely to be more specific. Once this is figured out, then put in a proposed Decree reflecting the corrected matter. If the Judge simply wants something in the child support, it may be put as zero, or five dollars per month, for example.

Before this is all done, it may be a good idea to simply call the clerk and informally ask "well what does the Judge usually mean by this?" While they cannot give legal advice, some clerks will be sympathetic and offer an explanation.

I hope this helps. Good luck.

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Customer: replied 1 year ago.

So, (and I realize this is not legal advice to be relied upon), in your opinion does the verbiage of the section about child support sound logical? That's what is so perplexing...they used a mediator who is with the ND Supreme Court Fam Project and used the STATE mandated parenting plan! Would your best guess be that it's the Judge being a stickler about wanting child support? That's kindof what most have said around here....

Expert:  Ely replied 1 year ago.
C,

Yes, it does. It sounds fine to me. Frankly, I have seen much more scattered verbiage pass though. A lot of it has to do with how strict the Judge is with verbiage - Judges are people too (despite what some believe) and vary. However, exactly what issue the Court has with this is hard to say without actually going in front of the Judge and finding out.

Would your best guess be that it's the Judge being a stickler about wanting child support?

I want to say yes... but, that is an off-the-wall, hypothetical, don't-rely-on-this-really yes. I'd hate to state that I know what the Judge is thinking. The only way to know is to approach the Court (of course, calling the clerk as described before is a good attempt - this may work - the clerk knows the Judge and works with them all day).

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups for free after rating. My ultimate goal is your complete satisfaction.
Customer: replied 1 year ago.

I hate to take up more time, just wondering if you could look this over quickly....it's hard to imagine a Judge wouldn't sign off on such a detailed and specific parenting plan because of child support. Do you see anything else that you think could have been the issue? Thank you for your help, I appreciate it! When she called the clerk, the clerk told her to get an attorney.....that's it. No help. They financially can't afford to put a 5k retainer fee down to hire one and that's what is required by most here. This is a very helpful service. Please, if you could, look at the document and let me know if you see any other issues. I'll let you go after that! Thank you! Here's the plan, full names, etc. omitted for privacy.:


 


II. GENERAL PROVISIONS


 



  1. A. Records. Both parents may have access to the children’s medical, dental, and school records. Each parent must communicate with the other parent with regard to grade reports, extra curricular activities, and any other notices from the daycare, the school and related entities concerning the children. The children’s daycare and school(s) must be notified of the split households and advised to send copies of the children’s school documents, notices and related information to each parent. Both parents retain the right and shall notify and authorize the daycare, the school, and the children's doctors and other professionals to communicate directly with and outside the presence of the other parent. Each parent shall be listed as the children’s parent and as an emergency contact with the daycare, the school, and all health professionals unless directed by court order to the contrary. Each parent shall immediately notify the other of any medical emergencies or serious illnesses of the children. If the child is taking medications, the parents shall communicate regarding instructions, dosage, and related information.


 


The parent who has medical insurance coverage on the children shall supply to the other parent an insurance card and, as applicable, insurance forms and a list of insurer-approved or HMO-qualified health care providers in the area where the other parent is residing.


 



  1. B. Communication Between Parents. The parents shall communicate only in positive ways. The parents shall not make and shall not allow others to make derogatory remarks about the other parent in the child’s presence.


 


We believe the most positive way to communicate is by: We agree that we will continue to maintain a healthy, respectful, and positive relationship with each other as co-parents. We further commit to continuing to strive for our relationship to remain as positive and healthy as it is now, for our children and for us as individuals who are committed to working together to raise well-rounded, happy children. Therefore, we believe we can properly communicate in any way needed, and will do so as outlined below.


 



  1. Phone or

  2. Text or

  3. In person


 


Parents should always keep each other advised of their address, telephone numbers, and emergency contact information.


 



  1. G. Timeliness: If a parent is going to be late to pick the children up for a visit, that parent will notify the other parent and parents will together decide and make alternative arrangements if necessary.


 



  1. G. Children’s Clothing/Personal Items:


□ These clothes are to be considered the children’s clothes and shall go with the minor children to either parent’s home.


□ Both parents shall advise, as far in advance as possible, of any special activities so that the appropriate clothing belonging to the children may be sent.


□ In the winter, or cold months of the year, each parent shall ensure that the children have appropriate winter clothing to wear, regardless of parenting time.


 



  1. G. Neither parent will permit the child to be subjected to: excessive alcohol, drugs, smoking environment, profane language, sexual content, violence, and will only allow children to view age appropriate movies and play age appropriate video games.


 


 


 



  1. G. Transportation and Exchange Arrangements. Transportation and exchange arrangements for the children between parents will be as follows:


 


□ Parents agree that Christin will provide all of the transportation for the children due to a medical issue of Robby, which prevents him from obtaining a driver’s license, or drive any motor vehicle. Christin expressly stated she is absolutely comfortable providing most of the transportation of the children for parenting time and otherwise, however, if it becomes necessary, parents will mutually agree on another responsible adult to help with transportation of the children if Christin cannot provide the transportation from time to time.


 



  1. H. Communication – Communication between parents and children shall be liberally permitted at reasonable hours and at the expense of parent initiating contact. The children may, of course, communicate with either parent though at reasonable hours and frequencies and at the cost of the parent contacted, if there is a cost.


□ We agree that if either child wants to call the parent they are not with, we agree as co-parents that we will always allow our children to communicate liberally and consistently with both of us. Further, the parents acknowledge that this liberal contact has always been in place within our family, even during our separation. Both parents acknowledge that they are equally positive parents and influences in their children’s lives and agree that it would not benefit the children if there were not open and substantial communication between their children and either parent. As such, we agree that either child may phone, email, or use any other type of age appropriate communication to contact either parent, at any time they wish. Parents agree that if is especially important because of Robby’s current schedule at work, which calls for long hours, sometimes overnight. Though both parent’s goal is that Robby will see the children everyday at a prearranged and mutually agreed upon time, on the rare days where he cannot, this type of accessible communication is necessary and in the best interests of our children.


□ Parents may agree on a specified time for communication to the children so that the children will be made available if necessary due to schedule of either parent or child(ren).


□ A parent may wish to provide a child with a telephone calling card or cell phone or computer to facilitate communication with that parent.


□ Each parent has an unrestricted right to send cards, letters, packages, and DVD’S, CDs, etc.


□ Children also have the same right to send items to their parents.


□ Neither parent should interfere with any of the above mentioned rights.


□ A parent may wish to provide a child with self-addressed stamped envelopes for the child’s use in corresponding with that parent.


□ If the child and the parent have internet capability, communication through e-mail should be fostered and encouraged but with consideration for the number of e-mails and the amount of time spent on the computer.


 



  1. I. Exchanging Information. Both parents shall notify the other parent in writing of any change in residence, telephone numbers, names and addresses of employers, changes in health insurance coverage for the children, and changes in health insurance available through employer, which could cover the children.


 



  1. J. Changes to Parenting Plan. As parents we recognize that the parenting plan imposes specific requirements and responsibilities; however, when family necessities, illnesses, or commitments reasonably so require, we will modify the parenting plan fairly. The parent requesting modification shall act in good faith and give as much notice as circumstances permit. If we cannot agree, we will look to the dispute resolution provisions in this document, or bring the matter to a parenting coordinator. We also anticipate that at some point circumstances may fundamentally change, and agree that we will review the parenting plan upon the following events:


 


□ Upon mutual agreement that there needs to be a change at any time.


□ After recommendation of the parenting coordinator


□ After recommendation of a professional (i.e. doctor, therapist, pastor)


□ After arrest or criminal activity by one or both parties


□ Upon verified chemical abuse /relapse


□ Upon an agency or Court finding of child abuse or neglect by one or both parties


□ Upon a court finding of domestic violence by one or both parties


□ Prolonged lack of contact with the child


□ The parents may change this plan by agreement, but all changes must be in writing, signed, and dated by both parents.




III. CHILD SUPPORT, INSURANCE, RESIDENTIAL RESPONSIBILITY AND PARENTING SCHEDULE



These provisions set forth where the children will reside and what contact the children will have with each parent. As parents, we recognize that the children benefit from ongoing and frequent contact with both of us, and that is our continued goal as co-parents. Thus, if events beyond our control such as illness or family emergencies, or otherwise prevent parenting time from occurring; we agree it is in our children’s best interest to arrive at a mutually agreeable substituted parenting time, as quickly as feasible. We also recognize that there will be times that substituted parenting time will not be possible due to the children’s schedules, or our own. We agree to follow our dispute resolution plan in resolving any conflict, which may arise.


 



  1. RESIDENTIAL RESPONSIBILITY: We agree residential responsibility for our children shall be:


 



  1. Primary residential responsibility shall be with the mother.


 



  1. LEGAL RESIDENCE FOR SCHOOL ATTENDANCE: The legal residence of our children for school attendance shall be:


 



  1. The mother’s place of residence.


 



  1. CHILD SUPPORT: We agree to the following arrangement for support and maintenance of our children:


 



  1. Parents agree and acknowledge that they have always split the children’s expenses and purchases before the marriage, during the marriage, and while separated contemplating divorce, 50%-50%, equally. Parents agree to it is in the children’s best interests to continue this arrangement, as it has gone without conflict, as well as due to the acknowledgement that their monthly and annual salaries are almost the same. Parents agree that this is the best child support and care arrangement for themselves and their children, as they concur that each parent makes proper purchases for the children, and the children have never gone without anything they need, in fact, parents agree the children’s standard of living and care has been comfortable and it is their goal and mutual desire for the children to maintain this standard of living moving forward. As such, parents agree to continue the child support arrangement that has been in place and worked very well.

  2. Parents agree that they do not need to get the other parent’s consent before purchasing anything either child may need, so long as it does not exceed one hundred dollars ($100.00).

  3. Parent agree any expense or need for either children that exceeds one hundred dollars ($100.00), that the parent wishing to purchase or spend the amount above one hundred dollars ($100.00) will contact the other parent and request to do so. Parents agree that they must both mutually consent to the amount and expense before the parent can purchase or spend any amount above one hundred dollars ($100.00). If either parent does not agree to an expense above one hundred ($100.00), then the parent wishing to make the purchase or expense may still make the purchase or expense, but they will be solely responsible for the total payment.

  4. Parents agree for expenses made throughout every month for fewer than one hundred dollars ($100.00) or mutually agreed to expenses that exceed that amount, that they will either show the other parent the receipt of the expense or purchase, or that they will make a copy of the receipt for the other parent to have. Parents agree that the parent who made the expense or purchase will show the other parent the receipt or provide a copy of the receipt within 15 days of the purchase or expense. The parent who owes the other parent will then have 15 days from receiving the receipt copy or seeing the receipt to remit half of the total to the other parent.

  5. Parents agree that they make almost the same amount of money monthly and annually. Christin has a net monthly income of $2123.42 net annual income of $­­­­22,911.84. Robby has a net monthly income of 1717.00 and net annual income of $21,600.00.

  6. Parent agree that this arrangement for the support, care, and needs of all children will continue until such time each minor child reaches the age of eighteen (18), marries, dies, or is otherwise emancipated. This agreed to arrangement for child support and care shall continue to be paid beyond age eighteen (18) if a child enrolled in and attending high school. Under such circumstances, the child support shall cease upon that minor child’s graduation from high school, but in no event shall support continue past the child’s nineteenth (19) birthday. The child support agreement stated in this section is based upon the North Dakota Child Support Guidelines.

  7. Parents also acknowledge that at any time, either party has the right to request a review of child support pursuant to Section 14-09-08.9 of the North Dakota Century Code. Pursuant to § 14-09-09.24 of the North Dakota Century Code, the income of the obligor is subject to immediate income withholding regardless of whether the obligor’s support payments are delinquent.


 


Both parties are notified that:



  1. Payment of support or maintenance, or both is to be as ordered herein, and the giving of gifts or making purchases of food, clothing, and the life will not fulfill the obligation.

  2. Remittance of payment of the children’s maintenance and support must be made as we have agreed to and outlined above, and failure to secure, or denial of rights of, visitation is not an excuse for nonpayment, but the aggrieved party may and both reserve the right to seek relief through proper motion filed with the court

  3. The payment of support or maintenance, or both, takes priority over payment of debts and other obligations.

  4. A party who remarries after dissolution and accepts additional obligations of support does so with full knowledge of his or her prior obligations under this proceeding.

  5. Child support and maintenance are based on annual income, and it is the responsibility of a parent with seasonal employment (should this come to be at some point throughout the children’s minor lives) to budget income so that payments are made regularly throughout the year as ordered.


 



  1. TAX DEPENDENT STATUS: Parents agree that Robby will claim C.R.S. and Christin will claim C.S.S. yearly untin C.R.S. reaches the age of majority, or begins to claim herself as independent, whichever happens last. At that time, parents agree to alternate claiming C.S.S. yearly, beginning with Christin.

    1. The parties will sign IRS form 8332 or any other appropriate Internal Revenue Service form so as to allow the children to be claimed as dependents as set forth above.

    2. Tax Return: Parents agree that if either child becomes independent at some age from claiming their dependent tax status, that parents will claim the remaining child every other year until that said child is able to claim independent tax status or otherwise.



 



  1. ACTIVITY FEES: Parents agree to split any and all mutually agreed to activity fees, 50-50% equally. Parents agree that “activity fees” include any and all of the following: any extracurricular activities or groups, sports the children participate in, any and all school related activities, groups, or sport teams, and church related activities or events.


 



  1. F. MEDICAL & DENTAL INSURANCE: Parents agree that Robby will continue to keep the children insured under his medical insurance.

  2. Parents agree any and all fees above and beyond what insurance doesn’t cover will be split equally, 50%-50%. Parents agree that the parent who receives the bill or makes a purchase such as a prescription, that he or she will then show the other parent the receipt or make a copy of the bill within 15 days of purchase or receiving the bill. The owing parent will then have 15 days to remit payment to the other parent after seeing the bill or receipt or being sent a copy (either by email or U.S. Postal Service).


 


 


 


 


****REMAINDER OF PAGE INTENTIONALLY LEFT BLANK****








 





  1. PARENTING TIME SCHEDULE: We intend the following schedule to be the ongoing consistent parenting time schedule for the children. We also recognize that there will be times when the schedule requires adaptation for the best interest of the children. We agree to work together and come up with a alternate schedule should the occasional change need to be made to the normal parenting time schedule outlined below. We intend the following schedule to be an attempt at consistency and stability for the children:

    1. Parents agree that the children will be with Robby overnight, every other weekend and that he will have parenting time with the children during the weekdays, daily. Parents acknowledge and agree that this is the best parenting time schedule since Robby’s works a rotating shift job, which causes him to work every other weekend and for long periods during the weekdays. Parents agree that they will work together so that Robbie can see the children daily, even if they will not be overnight with him, as much as possible. The parents want and agree to reflect that in the parenting time schedule outlined below.

    2. Parents agree pick up and drop off will be Friday’s at 5 p.m., at a mutually agreed to pickup and drop-off point or place. Parents agree drop-off or pickup from weekend parenting time will be Sunday’s at 9 p.m. or Monday morning, at a mutually agreed upon time, if their respective work schedules make it necessary or it’s mutually agreed to.

    3. Parents agree that during the week, Robby will see the children for parenting time according to his work shift schedule and as mutually agreed to. Parents agree that this time will be consistent throughout the months and liberal in time.

    4. Parents agree that when Christin works on weekends, whether it’s Robby’s weekend or not, that Robby will have the first right of refusal in caring for the children during her shifts. If Robby cannot care for the children, then Christin will provide the childcare necessary, solely.

    5. See next page for example of monthly parenting time schedule.



 


 


 


 


 


****REMAINDER OF PAGE INTENTIONALLY LEFT BLANK****




























































Sunday



Monday



Tuesday



Wednesday



Thursday



Friday



Saturday



Mom:


 


Dad: Until 9 p.m.


 



Mom:



Dad:


At an mutually agreed upon time.



Mom:



Dad:


At an mutually agreed upon time.



Mom:



Dad:


At an mutually agreed upon time.



Mom:



Dad:


At an mutually agreed upon time.



Mom:



Dad:


At an mutually agreed upon time.



Mom:



Dad:



Mom:


 


Dad:


 



Mom:


 


Dad:


At an mutually agreed upon time.



Mom:


 


Dad:


At an mutually agreed upon time.



Mom:


 


Dad:


At an mutually agreed upon time.



Mom:


 


Dad:


At an mutually agreed upon time.



Mom:


 


Dad:


At 5 p.m.



Mom:


 


Dad:


 



Mom: at 9 p.m.


 


Dad:


 



Mom:


 


Dad:


At an mutually agreed upon time.



Mom:


 


Dad:


At an mutually agreed upon time.



Mom:


 


Dad:


At an mutually agreed upon time.



Mom:


 


Dad:


At an mutually agreed upon time.



Mom:


 


Dad:


At an mutually agreed upon time.



Mom:


 


Dad:


 



Mom:


 


Dad:


 



Mom:


 


Dad:


At an mutually agreed upon time.



Mom:


 


Dad:


At an mutually agreed upon time.



Mom:


 


Dad:


At an mutually agreed upon time.



Mom:


 


Dad:


At an mutually agreed upon time.



Mom:


 


Dad:


At 5 p.m.



Mom:


 


Dad:



 


Additional Detail for Parenting Time Schedule: at an mutually agreed upon time, but not to interfere with school or activities or normal bedtime routine unless otherwise agreed to.


 



  1. PICK UP AND DROP OFF: Christin will provide transportation to and from all parenting time unless both parents mutually agree to allow another trusted individual to help with pick up and drop off.

  2. MOVING CLAUSE:Pursuant to §14-09-07, Parents agree that the custodial parent will not remove the residence/ domicile of the minor children out of the state of North Dakota without the consent of the other parent, or, a judgment and consent from the court.

    1. A parent with primary residential responsibility for a child may not change the primary residence of the child to another state except upon order of the court or with the consent of the other parent, if the other parent has been given parenting time by the decree.

    2. A parent with equal residential responsibility for a child may not change the residence of the child to another state except with consent of the other parent or order of the court allowing the move and awarding that parent primary residential responsibility.

    3. A court order is not required if the other parent:

      1. Has not exercised parenting time for a period of one year; or

      2. Has moved to another state and is more than fifty miles [80.47 kilometers] from the residence of the parent with primary residential responsibility.

      3. School Release Days: School Release Days are defined as: These days are defined by the school calendar that the children attend: Parents agree that Robby will care for the children, or, if he cannot due to schedule or otherwise, that the children will go to daycare, and the cost will be split equally, 50%-50% by the parents.

      4. Vacation with Parents. Each parent shall have vacation with the child as follows: Each parent will have fourteen (14) days to take a vacation with the children. This amount of days can be split up anyway or used consecutively with two-week notice to be given to the other parent that you wish to exercise some or all of your vacation days with the children.




 



  1. J. SCHEDULE FOR HOLIDAYS AND OTHER SPECIAL DAYS AS DEFINED BY PARENTS TOGETHER:

    1. The parenting schedule for the children for holidays is:



 


HOLIDAY/SPECIAL DAYS







































































 



With Mother


(Odd, Even, Every Year, or Regular Parenting time)



With Father


(Odd, Even, Every Year, or Regular Parenting time)



Spring Break



 



 



Easter



EVEN



ODD (STARTING IN 2013)



Mother’s Day



YEARLY FROM 9 AM-9 PM



 



Father’s Day



YEARLY FROM 9 AM-9 PM



 



July 4th



ODD



EVEN



Halloween



YEARLY, TOGETHER AT AN AGREED UPON TIME UNLESS OTHER ARRANGEMENTS MADE.



 



Thanksgiving WEEKEND: FROM WHEN SCHOOL GETS OUT UNTIL 9 PM.



EVEN


MENTION OCCASSIONAL CHANGES AND CHLOE’S BIRTHDAY



ODD



Christmas Eve Day



 



YEARLY, FROM 10 AM UNTIL 8 AM CHIRSTMAS DAY



Christmas Day



YEARLY, FROM 10 AM UNTIL 8 AM.



 



Children’s Birthday



Parties will be planned and spent together unless otherwise agreed to yearly for both children.



 



Mother’s Birthday



Yearly, 9-am to 9 pm



 



Father’s Birthday



 



Yearly, 9-am to 9 pm



 


Occasional Changes to Holiday Schedule: Parents agree that should they mutually agree to, that occasional changes to the holiday schedule outlined above may occur. Further, parents agree that from time to time and upon mutual consent, they may spend some holidays together, with the children.


 



  1. PRIORITIES UNDER THE PARENTING SCHEDULE: For purposes of this parenting plan the following days have priority in the following order: Holiday schedule takes precedence over the normal parenting time schedule.


 



  1. CHILDREN’S ACTIVITIES DURING PARNETING TIME: In order to promote the development of well-rounded healthy children, we both support the extra curricular activities of the children. We both agree that we will work together to ensure that the children’s activities are not planned as to interfere with the relationship with either parent. We will inform each other of the children’s extra curricular activities by: Phone or communicating it verbally in person. Parents agree that it benefits the children to have both of them present at any and all activities and agree that they each have the right to attend any and all events the children participate in.


 



  1. MISSED PARENTING TIME: We agree that if either parent misses their parenting time for any reason, we will deal with the missed time as follows: The missed time will not be made up.


 



  1. We agree that it would be upsetting for our children if a parent misses their parenting time and does not notify the other parent in advance. Except in extreme emergencies, we agree to notify the other parent that we will not be able to exercise our scheduled parenting time as follows: as soon as possible either by phone or in person.


 


IV. DECISION MAKING


 



  1. EMERGENCY MEDICAL DECISIONS: Each parent is authorized to make emergency health care decisions while the children are in that parent’s care.


 



  1. DAY-TO-DAY DECISIONS: Each parent is authorized to make decisions regarding the day-to-day care and control of the children while the children reside with that parent, except as provided below.


 



  1. DAYCARE/AFTERSCHOOL PROVIDER: When we reside in the same community, we agree to use the same daycare/afterschool provider.

    1. Parents agree that the cost of daycare will be split equally, 50%-50%.



 



  1. EDUCATION DECISIONS: Parents agree that any and all education decisions will be made by:

    1. Mother and Father jointly.



 



  1. NON-EMERGENCY HEALTH CARE DECISIONS: Parents agree that any and all non-emergency health care decisions will be made by:

    1. Mother and Father jointly



 



  1. PARENTAL RIGHTS AND RESPONSIBILITIES: Pursuant to § 14-09-32 of the North Dakota Century Code, the parties have the following rights and responsibilities:


 



  1. Right to access and obtain copies of the children’s educational, medical, dental, religious, insurance, and other records or information.

  2. Right to attend educational conferences concerning the children. This right does not require any school to hold a separate conference with each parent.

  3. Right to reasonable access to the children by written, telephonic, and electronic means.

  4. Duty to inform the other parent as soon as reasonably possible of a serious accident or serious illness for which the child/ren receive/s health care treatment. The parent shall provide to the other parent a description of the serious accident or illness, and the name and location of the treating health care provider.

  5. Duty to immediately inform the other parent of residential telephone numbers and address, and any changes to the same.

  6. Duty to keep the other parent informed of the name and address of the school the children attend.


 



  1. G. INSURANCE MATTERS:

    1. A parent who, except in an emergency, takes the children to a doctor, dentist, or other provider not so approved or qualified under the existing health care insurance should pay the additional cost thus incurred.

    2. When there is a contemplated change in insurance which requires a change in medical care providers and a child has a chronic illness, thoughtful consideration should be given by the parents to what is more important, i.e., allowing the child to remain with the original provider or taking advantage of economic or medical benefits offered by the new carrier.

    3. When there is an obligation to pay medical expenses, the responsible parent shall be promptly furnished with the bill by the other parent within 15 days of receiving it. The parent that owes the other parent will then remit payment within 15 days of receiving a copy of the bill or seeing the bill. If the bill needs to be submitted to the insurance company for coverage, the parents shall cooperate in submitting bills to the appropriate insurance carrier. Thereafter, the parent responsible for paying the balance of the bill shall make arrangements directly with the health care provider and shall inform the other parent of such arrangements. Insurance refunds should be promptly turned over to the parent who paid the bill for which the refund was received.



 



  1. MEETING OF SIGNIFICANT OTHERS: Parents agree that introducing the children to a significant other too soon may create unease and insecurity in the children, especially if parent(s) are introducing the children to people they are just beginning to date. As such, Parents agree to inform each other before they introduce a significant other so that the other parent is prepared for any questions the children may have and to help them feel comfortable with the new person in their lives. Further, parents agree that they will not introduce anyone they are dating until after six (6) months of seeing that significant other and at which time they desire for the children to meet their significant other, they will inform the other parent before they do so.


 



  1. SPRITUAL DECISION MAKING: Spiritual development decisions will be made by:

    1. Mother and Father jointly



 



  1. MUTUAL CONSENT OF PARENTS: Both parents must consent before any minor child will be permitted to:

    1. Marry

    2. Obtain a driver’s license

    3. Enlist in armed services

    4. Get a tattoo

    5. Have any body part pierced

    6. Tan in a tanning bed.



 



  1. In the event of a dispute about a major decision, we will use the following tie breaker method:

    1. The parties will work with a qualified third party appropriate to the decision (i.e., educator, counselor, physician, coach, clergy) to try to reach resolution. If that is not successful, parents agree to follow the agreed to dispute resolution process outline below.



 


V. DISPUTE RESOLUTION


 



  1. CO-PARENT DISPUTES: Disputes between the parents shall be submitted to:


 



  1. Mediation

  2. Parents agree to mutually select a mediator that is agreed upon to use by both parties.


 



  1. The cost of this process will be allocated between the parties as follows based on:

    1. Each parent shall pay one-half.

    2. A parent will begin the dispute resolution process by notifying the other parent by: Phone call to the other parent, or by communicating it to them in person.

    3. In the dispute resolution process:



a) Preference will be given to carrying out this Parenting Plan unless both parents agree to change a provision.


b) Unless an emergency exists, the parents shall use the designated process to resolve disputes relating to implementation of the plan, except those related to financial support.


c) A written record will be prepared of any agreement reached in counseling or mediation and of each arbitration award and will be provided to each party.


d) If the court finds that a parent has used or frustrated the dispute resolution process without good reason, the court may award attorneys' fees and financial sanctions to the other parent.


 


 


 


****REMAINDER OF PAGE INTENTIONALLY LEFT BLANK****


 


 


 


 


 


VI. COMPLIANCE


 


After this parenting plan has been made a part of a court order or judgment, repeated, unjustified violations of these provisions may subject the offender to court sanctions, or, if continuous and serious, may result in modification of the parenting plan. One parent’s failure to comply with a provision of the parenting plan does not affect the other parent’s obligation to comply with the parenting plan. Violation of provisions of this plan with actual knowledge of its terms is punishable by contempt of court and may be a criminal offense. Violation of this plan may subject a violator to arrest, fines, imprisonment or sanctions or other remedies available under the law.


 


We, the co-parents, declare that this plan has been proposed in good faith and is in the best interest of our minor child(ren) and that the statements herein and are true and correct.


 


 


 


 


 


 


 


 


 


****PAGE INTENTIONALLY LEFT BLANK****


 


 


 


 


 


 


 


 


 


 


 

Expert:  Ely replied 1 year ago.
I do not mind at all - please ask away, for this is what I am here for!

Here is an idea - and I am simply guessing here, but perhaps I am on to something.

What you state under "Child Support" is not really child support. It is an agreement to pay for various expenses. Ergo, this is a misnomer.

Perhaps an individual in your situation may wish to do the following:

1) Under CHILD SUPPORT, simply state:

"No child support is requested or ordered at this time."

Then take the whole paragraph that was under "child support" and move it to something entitled, perhaps, MISCELLANEOUS EXPENSES.

This may seal the deal.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups for free after rating. My ultimate goal is your complete satisfaction.
Customer: replied 1 year ago.

Great idea, I see exactly what you are saying. I'll tell them to request that....did you see anything else in the parenting plan that should be reviewed/reworded/or changed that a Judge could possibly reject? THANK YOU!

Expert:  Ely replied 1 year ago.
You are very welcome.

Otherwise, it looks okay (to me). However, again, I am not the Judge, so we tread with caution here.

Again, you are very welcome. Good luck, and please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.
Customer: replied 1 year ago.

I'll rate you wonderfully! I heard back from Christin...this is exactly what the letter says, "The letter says exactly this it says your proposed findings and order were submitted to judge Rachel or his review and signature an he will not sign them. He said the stipulation and order so not comply with the statute concerning payment and child support and parenting plan. Parties may wish to contact a lawyer about what documents are required."


 


They used the STATE MANDATED parenting plan!!!! ....so what does he mean by that??? Just that it's not in compliance with the statute about payment and child support IN the parenting plan?!?! How can THEIR parenting plan not be in compliance??? I assume this is a typo OR Judge is talking about the child support area?

Expert:  Ely replied 1 year ago.
Hello,

Just that it's not in compliance with the statute about payment and child support IN the parenting plan?!?!

Likely, yes.

I assume this is a typo OR Judge is talking about the child support area?

Child support area.

Keep in mind I am only going based on what I have and this is general information only, but, it is very likely that this is what the Court is taking an issue with.

I assume this is a typo OR Judge is talking about the child support area?
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87229
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 7 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

That's what I thought...just wanted to make sure it wasn't the entire parenting plan....as they used the state's mandated one, so it just simply must be child support. I'll take your suggestions back to them and go from there. Thank you SO much for your wonderful help! It's greatly appreciated!

Expert:  Ely replied 1 year ago.
It is my pleasure, really. Now I am very interested in this, so please let me know how this all works out (and of course, feel free to come back for any follow ups, no charge).

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups for free after rating. My ultimate goal is your complete satisfaction.
Customer: replied 1 year ago.

Will do! Thanks again!

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