North Dakota Century Code Title 14. Domestic Relations and Persons § 14-09-09.32. Agreements to waive child support

1. An agreement purporting to relieve an obligor of any current or future duty of child support is void and may not be enforced.  An agreement purporting to waive past-due child support is void and may not be enforced unless the child support obligee and any assignee of the obligee have consented to the agreement in writing and the agreement has been approved by a court of competent jurisdiction.  A copy of the order of approval must be provided to the state disbursement unit.  As used in this section, “child support” does not include spousal support.

2. In a judgment for divorce or other relief under this title in any matter in which the child and both of the child's parents do not reside together, a court shall establish a child support obligation unless the child support agency requests the issue of child support be reserved.  Notwithstanding subsection 1, the court may issue a stay of any further accruals under a child support order if the court finds the stay would be in the best interests of the child.  Avoidance of income withholding or the requirement to make any child support payment through the state disbursement unit is not a proper basis to stay a child support obligation under this subsection.  A child support obligation that is stayed under this subsection may be reinstated on a prospective basis as provided under the terms of the stay or at any time by order of the court or upon affidavit of any party.  The party filing the affidavit shall provide a copy of the affidavit to any other party to the action and to the state disbursement unit.


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