1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)? |
Percentage of Income Model.
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2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation. |
Yes. The interest rate is equal to the prime rate as published in the Wall Street Journal on the first Monday in December of each year plus three percentage points and rounded up to the next one-half percentage point. For calendar year 2024, the interest rate is 11.5%. Interest may not be compounded. The IV-D program will calculate interest on arrears that accrued after July 1, 2002. For arrears that accrued on or before July 1, 2002, the IV-D program will calculate interest effective January 1, 2004. Otherwise, interest will only be added to the IV-D program's records if a court has ordered the interest amount to be calculated by some other individual or entity and has approved the calculated amount. For purposes of interest, arrears must be due in a month prior to the current month. See N.D.C.C. § 28-20-34.
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3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
Yes. The interest rate is equal to the prime rate as published in the Wall Street Journal on the first Monday in December of each year plus three percentage points and rounded up to the next one-half percentage point. For calendar year 2024, the interest rate is 11.5%. Interest may not be compounded. The IV-D program will calculate interest on arrears that accrued after July 1, 2002. For arrears that accrued on or before July 1, 2002, the IV-D program will calculate interest effective January 1, 2004. Otherwise, interest will only be added to the IV-D program's records if a court has ordered the interest amount to be calculated by some other individual or entity and has approved the calculated amount. For purposes of interest, arrears must be due in a month prior to the current month. See N.D.C.C. § 28-20-34.
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4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
Yes. The interest rate is equal to the prime rate as published in the Wall Street Journal on the first Monday in December of each year plus three percentage points and rounded up to the next one-half percentage point. For calendar year 2024, the interest rate is 11.5%. Interest may not be compounded. The IV-D program will calculate interest on arrears that accrued after July 1, 2002. For arrears that accrued on or before July 1, 2002, the IV-D program will calculate interest effective January 1, 2004. Otherwise, interest will only be added to the IV-D program's records if a court has ordered the interest amount to be calculated by some other individual or entity and has approved the calculated amount. For purposes of interest, arrears must be due in a month prior to the current month. See N.D.C.C. § 28-20-34.
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5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
No.
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6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments? |
The answer depends on whether the payee on the support order also has legal custody of the child, whether child support is assigned, and on whether the "new" caregiver is the child's other parent versus a nonparent caretaker. For example, if the payee on the support order also has legal custody of the child, then North Dakota IV-D will not disburse collections to any other person/entity unless child support has become assigned (e.g., child has entered foster care or is receiving TANF in the new caregiver's household).
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6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain. |
Yes. See above.
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7. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases? |
Yes.
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8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit? |
Yes.
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9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
Generally no. However, current support does expire by operation of law upon incarceration of the noncustodial parent under a sentence of 180 days or longer, not including credit for time served. See N.D.C.C. § 14-09-09.38.
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1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation. |
No.
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2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
99 percent.
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3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
N.D.C.C. § 14-20-15. A paternity acknowledgment is the equivalent of an adjudication of paternity and confers upon the acknowledged father all of the rights and duties of a parent and must be recognized as a basis for a support order.
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4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
Yes. See N.D.C.C. § 14-20-10.
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5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
Yes. See N.D.C.C. § 23-02.1-13.
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6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
Yes. A man is presumed to be the father of a child if he lived in the same household as the child for the first two years of the child's life and openly held out the child as his own.
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7. What, if any, is the agency name and link for your state's putative fathers' registry? |
Not applicable; North Dakota doesn't have a putative father registry.
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8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies? |
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9. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data? |
Depends. Refer to North Dakota Vital Records' website for information.
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9.1. Describe any circumstances under which these fees may be waived? |
Refer to North Dakota Vital Records' website for information.
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10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect. |
No.
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11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard. |
Not applicable.
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12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child? |
One packet, with a separate Declaration in Support of Establishing Parentage for each child.
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1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
Judicial.
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1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures. |
Not applicable.
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1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures. |
Judicial process is used in every circumstance.
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2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)? |
Only the noncustodial parent's income is considered. However, in situations where there is split custody or court-ordered equal physical custody, each parent is considered a noncustodial parent so each parent will have an obligation, which means that each parent's income is considered.
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2.1. What documentation is required as proof/evidence of this information? |
A financial declaration from the noncustodial parent and supporting documentation, such as tax returns or paystubs.
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3. What criteria for rebutting your presumptive guidelines have been established in your state? |
There are currently 15 criteria for rebutting the presumptively correct guideline amount, grouped into the following categories: increased ability of the noncustodial parent to pay support, increased needs of the children, reduced ability of the noncustodial parent to pay support, reduced needs of the children, improved convenience to the parents.
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4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive). |
Yes, but only from the date of service of the summons and complaint on the noncustodial parent.
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4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
A financial declaration from the noncustodial parent and supporting documentation, such as tax returns or paystubs.
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4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
No.
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4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
No limitations under state law; the award of prior period support is within the court's discretion. Under program policy, IV-D will pursue prior period support only from the date of service of the summons and complaint on the noncustodial parent.
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5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended? |
No, not when public assistance is being expended and support is assigned.
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5.1. What about when public assistance is not being expended? |
The nonparent caretaker must have guardianship or legal custody of the child.
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6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification? |
Establishment.
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7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe. |
Depends on whether the first custodial parent had also been awarded legal custody of the child and on whether the new custodial parent is receiving TANF on behalf of the child.
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1. What are specific sources of income not subject to withholding? |
Public assistance benefits administered under state law.
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2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
No.
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2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA? |
The amount to be withheld may not exceed 50 percent of the employee's disposable income. "Disposable income" means gross income less deductions required by law for taxes and social security.
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2.2. What are the withholding limits for non-employees? |
The amount to be withheld may not exceed 50 percent of the employee's disposable income. "Disposable income" means gross income less deductions required by law for taxes and social security.
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3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii). |
$3.00 per month.
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4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain. |
No.
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5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
Service.
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5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
No later than the first payday that occurs after service of the income withholding order.
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6. When must an employer remit amounts withheld from an employee's pay? |
Within 7 business days of the date the employee is paid.
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7. What are your state's sanctions for employers for not implementing income withholding? |
Employer may be sanctioned for contempt of court, which may include a fine.
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7.1. What are the penalties to an employer for failure to remit payments withheld? |
Employer may be personally liable for the amount of income that the employer failed or refused to withhold or deliver, along with costs, interest, and reasonable attorney's fees. In addition, if the employer failed or refused to withhold or deliver income for more than 14 days, the employer is liable for damages of $200 or actual damages, whichever is greater. An employer who fails to withhold or deliver income for more than seven days may be charged a late fee of $25 per obligor per day or $75 per day, whichever is greater.
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8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents. |
Yes.
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8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents. |
Not applicable.
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9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents. |
Yes, but only if the financial institution is the noncustodial parent's employer. If so, use the federally mandated Income Withholding for Support form.
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9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents. |
The requesting state should submit an AEI request. The requesting state must send a completed Transmittal #3 and Child Support Agency Confidential Information Form (including the name, SSN, and address of the noncustodial parent), certified copy of the support order, declaration of arrears signed by the official record keeper in the requesting state and bank account information (i.e., name and address of the North Dakota financial institution and account number). Enter the bank account information in the "Other Pertinent Information" section on the Transmittal #3.
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10. How does a noncustodial parent contest an income withholding in your state? |
For immediate income withholding, there is no contest opportunity. Otherwise, the noncustodial parent must file a written request for hearing with the court within 10 days of the date of notice to the noncustodial parent that income withholding will be implemented.
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11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
If the noncustodial parent has more than one child support claim and the combined amount to be withheld exceeds 50 percent of disposable income, the employer must withhold and transmit the maximum amount permitted. The amount transmitted is allocated among the claims based on the portion of each claim to the combined total of all claims.
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12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums? |
Deductions required by law for taxes and social security.
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13. When does your state require the employer to send notice of an employee's termination? |
Within 7 business days of the employee's termination.
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14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate. |
In general, all current support due for a month must be satisfied before any collections are applied to arrears.
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1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
North Dakota's IV-D agency will use its deduction order authority to levy on accounts in North Dakota's financial institutions or on lump sum benefits paid by the North Dakota's worker's compensation agency. With respect to financial accounts, a lien and demand letter process might be used instead of a deduction order.
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2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
The requesting state must send a completed Transmittal #3 and Child Support Agency Confidential Information Form (including the name, SSN, and address of the noncustodial parent), certified copy of the support order, declaration of arrears signed by the official record keeper in the requesting state and bank account information (i.e., name and address of the North Dakota financial institution and account number). Enter the bank account information in the "Other Pertinent Information" section on the Transmittal #3.
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3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
Noncustodial parent owes a past-due support amount (i.e., is delinquent with payments).
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4. To which credit bureaus does your state report a noncustodial parent's child support information? |
Equifax, Experian, TransUnion, Innovis.
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5. Is the method for credit bureau reporting judicial, administrative, or both? |
Administrative.
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6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?" |
Possibly, based on a case-by-case determination following a request from the noncustodial parent.
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7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
No.
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8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
Yes, if the past-due balance is at least $25.
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9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
No.
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10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
Yes, if the past-due balance is at least $25.
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11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount? |
No.
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12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount? |
Yes, if the past-due balance is at least $25.
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13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial? |
NO.
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14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
Administrative.
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15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
No.
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16. Is the financial institution attachment process in your state centralized and/or automated? |
Specialized with the High Intensity Enforcement Unit. Not automated.
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17. What are the criteria to attach an account in a financial institution in your state? |
The noncustodial parent must have a past-due support debt.
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18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
Not explicitly. However, state law does provide that a lien arising in another state under the laws of that state is entitled to full faith and credit when the party seeking to enforce that lien records or serves the lien documents in the manner required under North Dakota law. No judicial notice or hearing is required prior to recording or service of the lien documents. See N.D.C.C. § 35-34-12.
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19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
The requesting state should submit an AEI request. The requesting state must send a completed Transmittal #3 and Child Support Agency Confidential Information Form (including the name, SSN, and address of the noncustodial parent), certified copy of the support order, declaration of arrears signed by the official record keeper in the requesting state and bank account information (i.e., name and address of the North Dakota financial institution and account number). Enter the bank account information in the "Other Pertinent Information" section on the Transmittal #3.
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20. Does your state's income withholding definition include amounts in financial institutions? |
No.
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21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
Yes, notification is provided by the IV-D agency.
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22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
With a lien, the financial institution must hold the funds until Child Support issues a demand letter, which usually will be issued 30 days after the notice of lien, unless the noncustodial parent timely contested the lien. With a child support deduction order, the financial institution must remit the funds within 7 business days of being served with the deduction order.
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23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames. |
Lien - yes; the financial institution must hold the funds until Child Support issues a demand letter. The demand letter is issued when the contest period expires. The contest period is 30 days from the date of the notice of lien. See N.D.C.C. § 50-09-14. Deduction order - no; the financial institution must remit the funds to Child Support within 7 business days of being served with the deduction order. Child Support must hold the funds for the duration of the contest period. The contest period is 10 days for an informal review by Child Support and 30 days for a formal review by the court. See N.D.C.C. § 50-09-35.
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24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain. |
Lien - no limitation on the amount/percentage of the account that is eligible for attachment. Deduction order - the financial institution can exercise any right of setoff that exists in connection with the account, satisfy any payment orders made by the noncustodial parent before the financial institution was served with the deduction order, or satisfy any other pre-existing obligations of the noncustodial parent based on written agreements or instruments.
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25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment? |
Lien - noncustodial parent must file a request for review with the North Dakota court that issued the child support order. If the child support order was issued by another state, the request for review must be filed with the North Dakota court that has jurisdiction to enforce the other state's order. If no North Dakota court has jurisdiction to enforce the other state's order, the request for review must be filed with any North Dakota court with jurisdiction over the necessary parties. The request for review must be filed within 30 days of the notice of lien.
Deduction order - noncustodial parent has 10 days to seek an informal review from Child Support. In addition, the noncustodial parent has 30 days to seek a formal review from the court. To seek a formal review, the noncustodial parent must file a request for review with the North Dakota court that issued the child support order. If the child support order was issued by another state, the request for review must be filed with the North Dakota court that has jurisdiction to enforce the other state's order. If no North Dakota court has jurisdiction to enforce the other state's order, the request for review must be filed with any North Dakota court with jurisdiction over the necessary parties.
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26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
Yes. Stocks and bonds are subject to execution, either judicial or administrative. Additionally, securities and money market mutual funds managed by insurance companies or securities intermediaries are subject to child support deduction orders. See N.D.C.C. §§ 28-21-05.2, 28-21-08, and 50-09-35.
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27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
Judicial - noncustodial parent owes past-due support in an amount greater than three times the current support obligation and is not current in a court-ordered repayment plan or fails to comply with a subpoena relating to a paternity or child support matter.
Administrative - 1) noncustodial parent owes past-due support in an amount greater than two times the current or most recent monthly support obligation or $2,000 whichever is less; 2) fails to comply with a payment plan negotiated with Child Support; or 3) fails to comply with a subpoena relating to a paternity or child support matter.
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28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
Pay the past-due support (or comply with the subpoena), enter into a payment plan, or successfully contest the revocation/suspension.
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29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
Yes, upon request of the noncustodial parent and for good cause, Child Support can authorize the issuance of a temporary restricted license solely for the use of a motor vehicle during the noncustodial parent's normal working hours.
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30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
Judicial - noncustodial parent owes past-due support in an amount greater than three times the current support obligation and is not current in a court-ordered repayment plan or fails to comply with a subpoena relating to a paternity or child support matter.
Administrative - 1) noncustodial parent owes past-due support in an amount greater than two times the current or most recent monthly support obligation or $2,000 whichever is less; 2) fails to comply with a payment plan negotiated with Child Support; or 3) fails to comply with a subpoena relating to a paternity or child support matter.
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31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
Pay the past-due support (or comply with the subpoena), enter into a payment plan, or successfully contest the revocation/suspension.
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32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
No.
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33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
Judicial - noncustodial parent owes past-due support in an amount greater than three times the current support obligation and is not current in a court-ordered repayment plan or fails to comply with a subpoena relating to a paternity or child support matter.
Administrative - 1) noncustodial parent owes past-due support in an amount greater than two times the current or most recent monthly support obligation or $2,000 whichever is less; 2) fails to comply with a payment plan negotiated with Child Support; or 3) fails to comply with a subpoena relating to a paternity or child support matter.
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34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
Pay the past-due support (or comply with the subpoena), enter into a payment plan, or successfully contest the revocation/suspension.
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35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
No.
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36. What are the criteria for initiating/filing a lien in your state? |
In general, a lien can be initiated when the noncustodial parent owes any amount of past-due support.
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37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
Primarily administrative. A notice of lien is issued to the entity specified in state law. For example, a notice of lien on a financial account is served on the financial institution. For liens against other untitled personal property, the notice of lien must be filed either with the Secretary of State or county recorder or else with the third party in possession of the applicable property. A copy of the lien is served on the noncustodial parent. Typically, the notice of lien will be followed by the issuance of a demand letter as the means to enforce the lien. Additionally, the North Dakota child support lien registry creates a lien by operation of law against the noncustodial parent's non-homestead real property and against titled personal property (i.e., vehicles of all kinds).
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38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe. |
Yes, through either a judicial or administrative execution. Administrative execution is preferred over judicial execution.
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39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination. |
Yes, administrative.
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40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
Yes.
Lottery winnings - may be intercepted if the winnings are $600 or more.
Gaming winnings - may be intercepted if the winnings are sufficient to trigger the need for the gaming manager to issue a W-2G form.
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40.1. If yes, is this enforcement judicial, administrative, or both? |
Administrative.
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41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
Administrative referral to the PRIDE program, the State's noncustodial parent employment program. The PRIDE program staff assist noncustodial parents to address barriers to employment and assist them with job search activities
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42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
Court-ordered referral to the PRIDE program, the State's noncustodial parent employment program. The PRIDE program staff assist noncustodial parents to address barriers to employment and assist them with job search activities.
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1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
Through program policy, reviews can be conducted at 18-month intervals (i.e., if it has been at least 18 months since the order was entered, last reviewed, or adjusted).
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2. What is your state's modification procedure? Briefly describe. |
In TANF or foster care cases, orders are automatically selected for review when they meet the timeframe described above. In all other cases, orders are only reviewed upon written request of either the obligor or obligee, provided the order meets the timeframe described above.
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3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
Modification is sought if the existing order provides for child support payments in an amount less than 85 percent or more than 115 percent of the amount required pursuant to the guidelines calculation.
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4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
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4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
No.
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4.2. The earnings of the custodial parent have substantially increased or decreased. |
No.
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4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
No.
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4.4. The cost of living has changed. |
No.
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4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
No.
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4.6. There has been a substantial change in childcare expenses. |
No.
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4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
The criteria for demonstrating a change in circumstances are not specifically defined (case-by-case determination), except that the following are considered material changes in circumstances under state law: child's receipt of public assistance, availability of health insurance at reasonable cost, or the need to provide for a child's health care needs through insurance or other means.
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5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
No.
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6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
No; the obligation expires by operation of law upon incarceration under a sentence of 180 days or longer, excluding credit for time served before sentencing.
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