If it appears to the court upon the trial of an action against a husband or wife to provide support for that person‘s spouse and minor children that that person is able to support or contribute to the support of that person’s spouse and said children and that the person neglects or refuses to perform the person’s duty in that respect, the court may render such judgment as to the support by the person of that person’s spouse and said children as is equitable in view of the circumstances of both parties.

Terms Used In North Dakota Code 14-08-02

  • children: includes children by birth and by adoption. See North Dakota Code 1-01-18
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.