All types of communication (either written or verbal) that occur during a mediation proceeding are confidential. These cannot be presented as a proof in any divorce proceeding. The mediator cannot be used as a witness. The work product and notes of a mediator cannot be subjected to subpoena or discovery in cases of topics like visitation, support and child custody
Every parent of a child has the below mentioned duties and rights about visitation and custody
If the child meets with a serious illness or accident and is receiving health care treatment for the same, it is the duty of one parent to inform the other parent. During this process, the parent should furnish the following data
Description of the serious illness or accident
Time of serious illness or accident
Name and location of the health care provider from whom treatment is sought
Right to reasonable access to the child by electronic, telephonic and written means
Right to remain present at educational conferences pertaining to the child. This right does not means that any school should arrange separate conferences with each parent
Right to access and procure copies regarding the insurance, religious, dental, medical, educational or other details regarding the child
In some cases, there is a conflict amongst the parents regarding the issue of child visitation. The court might reach a conclusion that the custodial parent has persistently and intentionally denied the visitation rights of the other parent. In such a scenario, the court might award the non custodial parent reasonable fees of the lawyer. Additionally, the court might execute any remedy that is essential to enforce a child support order and visitation order
A child support obligation that is owed to an obligee might not be subject to attachment, garnishment, execution or other procedure, except for fulfilling the child support obligation, if the obligee is a judgment debtor
When there exists a present monthly support obligation, the gross value of child support that must be disbursed every month is the addition of the current monthly support obligation of the obligor and the following amounts
The amount that the obligor has been directed to disburse toward any outstanding arrearage, or
In case there is no order to repay an arrearage, then, an amount for application towards any arrearage that is equal to 20 percent of the present monthly support obligation of the obligor
Assume that as per Section 14-09-09.13, the obligor is given a notice. Within 10 days of the date of notice, the obligor files a request for a hearing. In such a case, within 10 working days post the date of request by the obligor, the court shall hold a hearing
Consider the following scenario
The obligor is a criminal in the payment of child support
The obligee has made a request for withholding
This request for withholding has been endorsed by a child support agency, or
There is no good reason not to require immediate income withholding
In this scenario, the obligor might be subjected to an income withholding order on all income
