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North Dakota State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
8 regional child support units.
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
N.D.C.C. section 14-09-09.27
For Additional Information - exit disclaimer
A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
Yes
A2.3. If yes, please explain.
The Ethics Committee of the state Bar Association of North Dakota issued an opinion confirming that state law is clear on its face in providing that the IV-D attorney represents the state and is not the attorney for the obligor or obligee. The opinion also addresses the obligation of the IV-D attorney to fully disclose his or her role to any unrepresented party.

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
N.D.C.C ch. 14-12.2
For Additional Information - exit disclaimer
B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
One

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
Quebec, Canada; Germany; Jamaica; Mexico; Sweden.
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
N/A
C2. Has your state established reciprocity with any Native American tribal courts?
No
C2.1. If yes, list the tribes and identify services provided, if less than full services.
North Dakota IV-D has entered into cooperative agreements with the Three Affiliated Tribes (TAT) and Standing Rock Sioux Tribe (SRST) tribal IV-D programs. Under the cooperative agreements, North Dakota IV-D provides the same services to TAT and SRST tribal IV-D programs that it would provide to another state's IV-D program.
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) **

D. Age of Majority

D1. What is the age of majority in your state?
The age of majority is 18 years of age.
D2. What is the statutory citation for the age of majority?
N.D.C.C section 14-09-08.2
For Additional Information - exit disclaimer
D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
18 years of age. If child is enrolled and attending high school and child resides with person to whom duty of support is owed, child support extends until child is 19 or graduates from high school, whichever occurs first. A child is not considered to have graduated until the graduation ceremony is held by the school. For example, if classes and final tests end in May but the graduation ceremony is held in June, the child is considered to be "graduated" in June.
D4. Does the date of the order determine the law that is applied?
No
D4.1. If yes, please explain.
Statute specifically indicates that it is applicable to any child support order, regardless of the date of entry of the order.
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
Not automatic. May be considered by the court on a case by case basis.
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
If the parties agree or if the court determines the support to be appropriate.
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
If the support order provides for a "step-down" in the obligated amount and specifies the new (reduced) amount to be paid as children age out, the step-down will be implemented without the need to return to court.
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
Depends. We will accept an application to enforce (collect) arrears that have accrued on behalf of now emancipated children. We will not accept an application to establish an order on behalf of now emancipated children.
D8.1 If not, how does this affect interstate referrals?
Interstate referrals are treated the same as applications (see D8 above).

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?
Effective April 2, 1999, past-due child support is no longer subject to statute of limitations. Past-due child support which had been affected by the statute of limitations prior to April 2, 1999, is not revived; however, application of the statute of limitations, while it serves to bar certain judicial enforcement remedies, does not extinguish the debt. Also, effective August 1, 2005, the duration of a lien arising from a docketed judgment and the time period for issuing an execution are not subject to a statute of limitations.
For Additional Information - No Link Provided
E2. What is your State's statute of limitations for paternity establishment?
A paternity action can be commenced at any time, even after the child becomes an adult (but only if the child initiates the action) or an earlier paternity action has been dismissed based on a statute of limitation then in effect. We will not accept an application to establish paternity for an adult child.
For Additional Information - No Link Provided
E3. Is dormancy revival/renewal possible?
No
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
Not applicable.
For Additional Information - No Link Provided

F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Variable percentage of obligor's net income.
For Additional Information - No Link Provided
F2. Does your state charge interest on arrears?
Yes
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
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 2018, the interest rate is 7.50%. 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.
For Additional Information - No Link Provided
F3. Does your state charge interest on retroactive support?
Yes
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
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 2018, the interest rate is 7.50%. 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.
F4. Does your state charge interest on adjudicated arrears?
Yes
F4.1. If yes, please indicate the amount of interest charged and any related conditions.
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 2018, the interest rate is 7.50%. 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.
For Additional Information - No Link Provided
F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
No
F5.1. If yes, under what circumstances?
Not applicable.
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
No
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
Not applicable.
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
Not applicable.
F7. Does your state recover costs on behalf of the initiating state?
No
F7.1. Optional comments regarding recovery of initiating state's fees.
Not applicable.
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
N.D.R.Civ.P Rule 4(b) (General Long-Arm) N.D.C.C. Section 14-12.2-04 (UIFSA).
For Additional Information - exit disclaimer
F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
Establish - No. Enforce - Yes, if the spouse/former spouse is living with the child or children and the child support obligation is being enforced by IV-D. Modify - No.
F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)
No.
F10.1. Optional comments regarding required information on spouse or partner.
None.
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
The fee is imposed on the obligee and is collected by retaining from support collected on behalf of the obligee.
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
The fee is imposed on the obligee and is collected by retaining from support collected on behalf of the obligee.
F11.2 Does your state collect the fee from the person applying for IV-D services?
The fee is imposed on the obligee and is collected by retaining from support collected on behalf of the obligee.
F11.3. Does your state collect the fee from the absent parent?
The fee is imposed on the obligee and is collected by retaining from support collected on behalf of the obligee.
F11.4. Does your state pay the fee out of its own funds?
The fee is imposed on the obligee and is collected by retaining from support collected on behalf of the obligee.
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
By October 2009.
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
No.
F14. Does your state participate in the pass-through in former assistance cases?
No.
F14.1. If yes, provide the date.
Not applicable.
F15. Will your state discontinue eligible assignments under the DRA of 2005?
Yes
F15.1. If yes, list the eligible assignments your state would discontinue.
Temporary/conditionally assigned arrears.
F15.2. When will your state discontinue each type of assignment?
By October 2009.
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA.
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
Requires documentation that the "different payee" is receiving TANF and that child support has been assigned.
For Additional Information - No Link Provided
F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
Redirect will not be implemented unless the "different payee" has legal custody of the child.
For Additional Information - No Link Provided
F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
Redirect will not be implemented unless the "different payee" has legal custody of the child.
For Additional Information - No Link Provided
F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
The fee is imposed on the obligee and is collected by retaining from support collected on behalf of the obligee.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
No
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
Not applicable.
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
Yes
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes

G. Income Withholding

G1. What specific source of income is not subject to withholding?
Public assistance benefits administered under state law.
For Additional Information - No Link Provided
G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No
G2.1. If yes, what are those limits?
Not applicable.
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
Income payer (employer) may withhold an additional $3 per month.
For Additional Information - No Link Provided
G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
No later than the first payday that occurs after service of the income withholding order.
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within 7 working days of the date the obligor is paid.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Procedures for sanctions may be either judicial (e.g., contempt of court) or administrative (e.g., late fee).
G7. What is the penalty to an employer for failure to remit payments withheld?
Income payer (employer) may be sanctioned as a contempt of court, which may include a fine. The income payer (employer) may also be personally liable for the amount of income that the income payer (employer) failed or refused to withhold or deliver, along with costs, interest, and reasonable attorney's fees. In addition, if the income payer (employer) failed or refused to withhold or deliver income for more than 14 days, the income payer (employer) is liable for damages of $200 or actual damages, whichever is greater. An income payer (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.
For Additional Information - No Link Provided
G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
Yes
G8.1. Explain your process for receiving direct withholding orders across state lines.
Send to: Job Service of North Dakota 1000 E Divide Ave PO Box 5507 Bismarck, ND 58506-5507.
For Additional Information - No Link Provided
G8.2. What documents are required to intercept UI benefits?
Standardized income withholding form.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
Yes
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
Send to: Workforce Safety & Insurance PO Box 5585 Bismarck, ND 58506-5585.
G10. How does an obligor contest income withholding in your state?
A written request for hearing must be filed within ten days of the date of the notice to the obligor.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
If the obligor has more than one child support claim and the combined amount to be withheld exceeds 50% of disposable income, the income payer (employer) must withhold and transmit the maximum amount permitted. The amount transmitted will be allocated among the claims based on the portion of each claim to the combined total of all claims.
G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?
Yes
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
Not applicable.
For Additional Information - No Link Provided
G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Disposable income means gross income less deductions required by law for taxes and social security.
G13. When does your state require the employer to send notice of an employee's termination?
Within seven days of the employee's termination.
For Additional Information - No Link Provided
G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
It is recommended that the employer retain the income withholding order for one year if it is anticipated that the employee will be rehired.
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No.
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Yes.
For Additional Information - No Link Provided
G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Employer: Yes. Financial Institution: No, unless the financial institution is the employer. Workers Compensation: Yes. Other Income Payer: Yes.
For Additional Information - No Link Provided
G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.
Any amount owed under an income withholding order must be satisfied before any payment is made to a health insurance provider.
For Additional Information - No Link Provided
G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
All disbursements are based on the payee designation on our automated system (e.g., Payee 01, Payee 02, Payee 03).
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
Not applicable.
For Additional Information - No Link Provided
G21. Does your state's law require a signature on the income withholding order?
No

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
H1.1. If yes, please explain.
IV-D does not address custody or visitation, but courts may address issues on own volition.
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
99% or higher.
For Additional Information - No Link Provided
H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
If there is at least a 99% probability of paternity, a rebuttable presumption is created.
For Additional Information - No Link Provided
H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
07/01/1995
H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
None.
For Additional Information - No Link Provided
H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
In general, a proceeding brought by a presumed father, mother, or another individual to adjudicate the paternity of a child having a presumed father must be commended no later than two years after the child's birth. However, a proceeding to disprove paternity of a presumed father may be commenced at any time if the court finds that the presumed father and mother didn't cohabitate or engage in sexual intercourse with each other during the probable time of conception and the presumed father never openly held out the child as his own.
For Additional Information - No Link Provided
H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
No
H6.1. If no, briefly explain.
Before voluntary paternity acknowledgments creating a conclusive presumption of paternity were implemented, it was possible for a father's name to be added to a birth certificate based on a rebuttable acknowledgment of paternity.
For Additional Information - No Link Provided
H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
7/1/1997
H8. Does your state have any other paternity-related presumptions?
Yes
H8.1. If yes, briefly explain.
In addition to marital presumptions, a presumption of paternity is created if a man resides in the same household as a child for the first two years of the child's life and openly holds the child as his own.
H9. Does your state have a putative fathers' registry?
No
H9.1. If yes, what is the name of that entity?
Not applicable.
For Additional Information - No Link Provided
H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
No
H10.1. If yes, please describe any circumstances under which these fees may be waived.
Not applicable.
For Additional Information - No Link Provided
H11. Is common-law marriage recognized in your state?
No
H11.1. If yes, briefly describe the standard that defines common-law marriage.
Not applicable.
H11.2. When did your current common-law standard go into effect?
H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?
Not applicable.
For Additional Information - No Link Provided
H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
With courts's permission, written, video, or audio testimony is acceptable.
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
N.D.R.Civ.P 4(b) (General Long-Arm) N.D.C.C. Section 14-12.2-04 (UIFSA)
For Additional Information - exit disclaimer
H14. Does your state recover genetic testing costs for another state?
No
H14.1. If yes, please explain.
Based on Federal Regulations, North Dakota IV-D pays all genetic testing costs in cases where North Dakota is the responding state. Therefore, the need to recover genetic testing costs for another state does not arise in these situations.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
If a child's parents are unmarried, the father's name may not be entered on the child's birth certificate unless the parents sign a Voluntary Acknowledgement of Paternity that is filed with the Vital Records agency or there is an order adjudicating paternity entered by a court or other entity of competent jurisdiction.
H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?
One set of documents (with paternity affidavit for each child).

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Judicial process.
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
Not applicable.
I1.2. Under what circumstances would a judicial process would be used?
All circumstances.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.

For Additional Information - No Link Provided
I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
Only the obligor's income is considered.
For Additional Information - No Link Provided
I3. What criteria for rebutting your presumptive guidelines have been established in your state?
As of September 1, 2015, there are 14 criteria that have been established for rebutting the presumptively correct guideline amount. The criteria are found in section 9, subsection 2 of the child support guidelines.
For Additional Information - exit disclaimer
I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
IV-D will go back to (1) TANF: date of assignment or birth whichever occurs later; (2) Non-TANF: date of application or, if Medicaid case, date of Medicaid referral. However, the maximum timeframe that IV-D will go back is 2 years, no matter what the case type is.
I4.2. What information or documentation does your State require to proceed?
Child Support Enforcement Transmittal #1, Uniform Support Petition, General Testimony.
For Additional Information - No Link Provided
I4.3. Will your state allow a petition for support when the only issue is retroactive support?
Yes
I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
No limitations under state law. However, under IV-D program policy, the maximum timeframe that IV-D will go back for prior period support is two years, whether the case is public assistance or not.
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
Paternity establishment - yes, through the voluntary paternity acknowledgment process. Establishment of support orders - no. Modification of support orders - no. Enforcement of support orders - yes, through a variety of enforcement tools, including income withholding, license suspension, liens, executions.
For Additional Information - No Link Provided
I6. What is your state's statutory authority for the administrative process?
Varies, depending on the particular administrative enforcement tool.
For Additional Information - No Link Provided
I7. Is there a local state law that allows an interstate administrative subpoena?
State law gives North Dakota's IV-D program the power to require by subpoena the attendance of witnesses and the production of books, records, and papers. See N.D.C.C. Section 50-09-08.2.
For Additional Information - No Link Provided
I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No, provided TANF assistance is being expended for the child.
For Additional Information - No Link Provided
I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
Yes, if TANF assistance is not being expended for the child.
I10. 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.
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
Establishment.
I12. 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 custodian obtain legal custody before a support order is modified or established?
Depends. If legal custody was previously awarded along with the existing support order, the IV-D program will assist the new custodian in establishing support only if he/she first secures legal custody unless he/she goes on TANF and assigns the support rights.
I13. 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 custodian obtain legal custody before support can be redirected to the new payee?
Depends. If legal custody was previously awarded along with the existing support order, the IV-D program will assist the new custodian in receiving support only if he/she first secures legal custody unless he/she goes on TANF and assigns the support rights.
I14. What methods of personal service does your state use? **
Forward documents needing to be served to the sheriff or to private contractor. Other, please specify - Certified Mail
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
See below for link to ND Child Support guidelines.
I17. Please provide the relevant statutory or case law citation. **

For Additional Information - exit disclaimer
I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
Yes
I18.1 If yes, indicate the appropriate responses. **
Mediation

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).
J1.1. Are your state income tax refund procedures judicial, administrative, or both?
Administrative.
J2. Is the lien process in your state judicial, administrative, or both?
Both, but primarily administrative.
J2.1. What are the trigger criteria for filing a lien?
Real Property (RP): Judicial lien is automatically created when judgment for any amount of past-due support is docketed. Also, effective March 1, 2012, a child support lien registry is created that includes a list of all obligors who owe past-due support in any amount as long as that past-due support is being enforced by ND IV-D. Being listed on the lien registry automatically and administratively creates a lien on the obligor's real property located in ND (except the homestead and any other property absolutely exempt under state law). Titled Personal Property (TPP): Lien is automatically and administratively created when the obligor is listed on the lien registry. (Note: This category includes vehicles of all kinds.) Untitled Personal Property (UPP): Lien registry does not apply to this property. Liens are not created automatically. However, liens may be established administratively when the obligor owes past-due support in any amount. (Note: This category includes liens on financial accounts.)
For Additional Information - No Link Provided
J2.2. Where are your state liens filed?
RP: When a judgment for past-due support is docketed, a judicial lien is automatically created on all real property of the obligor (except the homestead), in any county where the judgment is docketed. There are no other filing requirements. When an administrative lien on real property is created because the obligor is listed on the lien registry (see J2.1), there are no other filings requirements. TPP: Although the lien is created automatically when the obligor is listed on the lien registry (see J2.1), a notice of lien document must still be filed with the appropriate entity in order for the lien to be effective against good faith buyers. For vehicle liens, the notice of the lien is filed with the ND Department of Transportation. UPP: For financial account liens, the notice of lien is filed with the financial institution is which the account is located. For all other untitled personal property, the notice of lien is filed either with the ND Secretary of State or the county Recorder in the county in which the property is located or a third party who is in possession of the property.
J2.3. Does your state charge a fee for filing a lien?
Yes
J2.4. If yes, please indicate the amount.
North Dakota CSE cases are exempt. Other states may be subject to varying fees.
J.3. Does your state enforce property seizure and sale?
Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Executions on property may be either judicial or administrative.
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Account Liens: Administrative. Execution: may be administrative or judicial. ND Child Support Deduction Orders: Administrative.
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?
Any notice required for a particular enforcement action is provided when the action is taken.
J4.2. Does your state's income withholding definition include amounts in financial institutions?
No.
For Additional Information - No Link Provided
J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
The State.
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
Lien on account: Obligor is served with a copy when the financial institution is served. Execution on account: Any notice to the obligor (i.e. notice of levy)is provided by the sheriff (or other officer). Depending on the type of seize action, a copy must be served by IV-D on the obligor by 1st class mail at the last known address or by the sheriff (or other officer). ND Child Support Deduction Order issued against account: Obligor is served with a copy when the financial institution is served.
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
Freeze (i.e., liens): Real Property (RP): Judicial lien is automatically created when judgment for any amount of past-due support is docketed. Also, effective March 1, 2012, a child support lien registry is created that includes a list of all obligors who owe past-due support in any amount as long as that past-due support is being enforced by ND IV-D. Being listed on the lien registry automatically and administratively creates a lien on the obligor's real property located in ND (except the homestead and any other property absolutely exempt under state law). Titled Personal Property (TPP): Lien is automatically and administratively created when the obligor is listed on the lien registry. (Note: This category includes vehicles of all kinds.) Untitled Personal Property (UPP): Lien registry does not apply to this property. Liens are not created automatically. However, liens may be established administratively when the obligor owes past-due support in any amount. (Note: This category includes liens on financial accounts.) Seize: Depends on the type of seize action. Judicial Execution: Any past-due support amount. Administrative Execution: Past-due support amount is greater than 2 times the current or most recent monthly support obligation or $2,000, whichever is less. ND Child Support Deduction Order: Any past-due support amount.
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
Judicial Execution: Any past-due support amount. Administrative Execution: Past-due support amount is greater than 2 times the current or most recent monthly support obligation or $2,000, whichever is less. ND Child Support Deduction Order: Any past-due support amount.
For Additional Information - No Link Provided
J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
No.
J5.3.1. If yes, please provide the time frame.
Not applicable.
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, provide the percentage.
Not applicable.
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
Not applicable.
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
No.
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
Not applicable.
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
Administrative Lien: Obligor has 30 days to seek court review of the lien. Administrative Execution: Obligor has 10 days to file claim of exemptions with the sheriff's office and also has 30 days to seek court review of the execution. Judicial Execution: Obligor has 10 days to file claim of exemptions with the sheriff's office. ND Child Support Deduction Order: Obligor has 10 days to seek informal review from IV-D and/or 30 days to seek court review of the deduction order.
For Additional Information - No Link Provided
J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
Not applicable.
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
No specific bases provided for liens. Executions (judicial and administrative) and ND Child Support Deduction Orders are subject to absolute exemptions only.
For Additional Information - No Link Provided
J5.10. Is your state's complaint review process judicial, administrative, or both?
Liens and Executions: Judicial (even if action was administrative). ND Child Support Deduction Orders: both.
J5.11. What are your state's penalties for incorrect seizures?
None.
J5.12. Is the second challenge administrative, judicial, or both?
Not applicable.
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
Administrative action (liens and executions): The request for review must be filed by the obligor or other aggrieved person with the ND 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 any ND Court that has jurisdiction to enforce the other state's order. If no ND court has jurisdiction to enforce the other state's order, the request for a review must be filesd with any ND court with jurisdiction over the necessary parties. The request for a review must be filed within 30 days of the administrative action. Executions (administrative or judicial): The obligor has 10 days after service of the notice to levy to claim exemptions. ND Child Support Deduction Orders: Obligor has 10 days to claim exemptions or seek an informal review from IV-D. In addition, the obligor and any other aggrieved person have 30 days to seek a review from court. The request for a review must be filed with the ND court that issued the child support order. If the child support order was issued by another state, the request for a review must be filed with any ND court that has jurisdiction to enforce the other state's order. If no ND court has jurisdiction to enforce the other state's order, the request for review must be filed with any ND court with jurisdiction over the necessary parties.
J5.14. Is the freeze and seize operation in your state centralized or automated?
Partially centralized; partially automated. System will identify likely cases and track timeframes. Workers will review case information, generate documents, and take appropriate actions.
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
No.
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
Yes
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
See N.D.C.C. sections 28-21-08 and 50-09-35. Stocks and bonds are subject to execution. Also, our statutory definition of "account" includes securities accounts and money market mutual fund accounts and the definition of "financial institution" includes insurance companies and securities intermediaries. Therefore, stocks and bonds may also be subject to seizure through ND Child Support Deduction Orders.
For Additional Information - No Link Provided
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
Financial institutions: No. State: Depends on type of seize action. For administrative executions and ND Child Support Deduction Orders, IV-D must hold any funds collected until the protest period has expired.
For Additional Information - No Link Provided
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
Execution: Write of Execution is returnable to the court (if judicial execution) within 60 days of receipt by sheriff. ND Child Support Deduction Order: Financial institution must remit funds to IV-D within 7 business days of the date the order was served.
For Additional Information - No Link Provided
J6. Does your state withhold state funds or benefits?
Yes
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?
Worker's compensation and unemployment compensation benefits: Administrative or judicial. State Tax Refund intercept: Administrative.
J7. Describe any other administrative enforcement procedures your state may have.
Other administrative enforcement procedures include Income withholding, license suspension, and lottery offset.
J8. Describe any other judicial enforcement procedures your state may have.
Contempt of court, criminal non-support statutes.
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
This response assumes the other state is taking a direct action and ND IV-D is not involved, which means North Dakota's child support lien registry is not applicable (see J2.1). State law determines specific filing requirements for certain types of personal property. N.D.C.C. ch. 35-34. A lien on a vehicle is filed with the ND Department of Transportation; a lien on a vessel is filed with the ND Secretary of State; a lien on other types of untitled personal property may be filed with the County Recorder in the county in which the property is located or with the ND Secretary of State or with a third party who is in possession of the property; a lien on a financial account is filed with the financial institution in which the account is located. To file a lien against real property, a judgment for the amount of past-due child support must be docketed with the clerk of district court in the county in which the property is located. To docket a judgment, the creditor or creditor's assignee must file a written request accompanied by: 1. A verified statement of past-due support or certified copy of the payment records, and 2. An affidavit of identification of the judgment debtor.
For Additional Information - exit disclaimer
J10. Which of your state's enforcement remedies are available without judicial actions?
Any administrative remedy. However, registration is strongly encouraged.
J11. Describe your state's procedures for registering and enforcing another state's order.
Orders may be registered under UIFSA for enforcement.
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
none.
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes
J13.1. If yes, provide the statutory citation.
N.D.C.C. ch.28-20.1
For Additional Information - exit disclaimer
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Obligor must be delinquent in his/her support payments.
J15. To which credit bureaus does your state report an obligor's child support information?
INNOVIS, Transunion, Experian, and Equifax.
J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative.
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
North Dakota IV-D will use it's Child Support Deduction Order authority to levy on accounts in North Dakota financial instituations and on lump sum benefits paid by North Dakota Workforce Safety and Insurance (i.e., North Dakota's worker's compensation agency).
J19. What documentation does your state require to proceed with an AEI request?
The requesting state's IV-D agency must send a completed Transmittal #3 (including name and SSN of the obligor), address of the obligor, certified copy of the support order, notorized affidavit of arrears signed by the official record keeper in the other state, and bank account information (i.e., name and address of the North Dakota financial institution and account number) or workers' compensation information (e.g., claim number). Enter the obligor's address and the bank account information or worker's compensation information in the "additional information" section of the Transmittal #3.
J20. What mandatory data elements does your state need to process AEI requests?
The requesting state's IV-D agency must send a completed Transmittal #3 (including name and SSN of the obligor), address of the obligor, certified copy of the support order, notorized affidavit of arrears signed by the official record keeper in the other state, and bank account information (i.g., name and address of the North Dakota financial institution and account number) or workers' compensation information (e.g., claim number). Enter the obligor's address and the bank account information or worker's compensation information in the "additional information" section of the Transmittal #3.
For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm
J21. Which additional data elements would aid your state in processing AEI requests?
Not applicable.
J22. How many copies/sets of documents does your state require with an AEI request?
One set.
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
Child Support Deduction Order may be used if there are arrears in any amount. There is no arrears threshold that must be met.
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
The requesting state's IV-D agency must send a completed Transmittal #3, (including name and SSN of the obligor), address of the obligor, certified copy of the support order, notorized affidavit of arrears signed by the official record keeper in the other state, and bank account information (i.e., name and address of the North Dakota financial institution and account number). Enter the obligor's address and the bank account information in the "additional information" section of the Transmittal #3.
J25. What is the procedure for obtaining a certified copy of a court order?
Send request via Transmittal #3 to North Dakota Central Registry.
J26. What is the procedure for obtaining a certified payment record?
Send request via Transmittal #3 to North Dakota Central Registry.
J27. Is there a cost for requesting a certified copy of a court order or payment record?
No.
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
See J29, J30, and J31.
J29. What triggers a driver's license revocation?
Child Support can administratively suspend the driver's license of an obligor who 1) owes past-due support in an amount greater than two times the current or most recent monthly support obligation of $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. A court can suspend the driver's license of an obligor who 1) owes past-due support in an amount greater than three times the monthly support obligation and is not current in a court-established repayment plan; or 2) fails to comply with a subpoena relating to a paternity or child support matter.
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
Yes.
J29.2 If yes, what is the amount?
See J29.
J30. Under what conditions may a noncustodial party restore the driver's license?
Child Support will reinstate an administratively suspended driver's license when the obligor 1)pays the past-due support in full; 2) enters into a payment plan with Child Support; 3) complies with a subpoena related to a paternity or child support matter; or 4) no longer has a case receiving IV-D services. A court-suspended driver's license may only be reinstated by court order.
J30.1 What is the process for restoring a driver's license?
Electronic-an update is sent through Child Support's automated system to the Department of Transportation once the obligor has met a condition for reinstatement as set for in J30. This is true for reinstating both administrative and court-ordered suspensions.
J31. Does your state allow temporary or conditional driver's licenses?
Yes
J31.1 If yes, what are the conditions?
Child Support may authorize the Department of Transportation to issue a temporary restricted driver's license to an obligor so that the obligor can drive during normal working hours. The obligor must show, among other things, that he or she is working at least 15 hours per week and has a work schedule that is sufficiently regular that "normal working hours" can be determined.
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
N/A.
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes.
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
No.
J33.2 What is the dollar amount?
N/A.
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
No.
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No.
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
N/A.
J36.2 What is the dollar amount?
N/A.
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
No
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
N/A.
J38.2 What is the dollar amount?
N/A.
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
No.
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
Under the North Dakota child support guidelines, a payment of "children's benefits" made to or on behalf of a child who is not living with the NCP must be credited as a payment toward the NCP's child support obligation in the month the payment is intended to cover but may not be credited as a payment toward the child support obligation for any other month.

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
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).
For Additional Information - No Link Provided
K2. Briefly describe your state's modification procedure.
In TANF and foster care cases, orders are automatically selected for review when they become "old enough." In all other cases, orders are only reviewed upon written request of a party (i.e., either the custodial parent or the noncustodial parent).
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
15% change (upward or downward) - If the current order provides for child support payments in the amount less than 85%, or more than 115%, of the guideline amount.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
No
K4.2. The earnings of the obligee have substantially increased or decreased.
No
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
No
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
No
K4.6. There has been a substantial change in childcare expenses.
No
K4.7. 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 receiving public assistance, the availability of health insurance at reasonable cost, and the need to provide for a child's health care needs, through health insurance or other means.
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
Not applicable.
K6. How does your state credit SSA disability to current and past-due support?
Social Security dependant's benefits received by a child of the obligor on the obligor's account are treated as gross income to the obligor. A payment of dependent's benefits made to a child of the obligor who is not living with the obligor is credited as a payment towards the obligor's child support obligation for that child for the month the payment is intended to cover but may be not credited as a payment toward the obligation for any other month.
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
No
K7.1. If yes, explain the circumstances?
Not applicable.
K7.2. What is the statutory citation for your abatement law?

For Additional Information - No Link Provided
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.
All referrals to ND IV-D from another state's IV-D program must be made on the federally mandated intergovernmental referral forms. The type of additional documentation required will depend on the type of service being requested. For example, if the request is for registration of another state's order, a sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of past-due support must be provided.
For Additional Information - No Link Provided
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
To obtain a copy of the voluntary paternity acknowledgment, a written request must be forwarded to North Dakota's Vital Records agency. The written request must contain the following identifying information: child's name, child's date of birth, child's place of birth, and parents' names. The written request must be accompanied by a release of information signed by the minor child's parent or guardian. In addition, the individual requesting the copy must provide proof of identity in the form of a current driver's license or other photo ID. The written request, release of information, and requesting individual's proof of identity may be mailed or faxed to Vital Records. There is no charge for obtaining a copy of the voluntary paternity acknowledgment. To obtain a copy of a birth certificate, a Request for Certified Copy of Birth Record form (available on North Dakota Vital Records website at http://www.ndhealth.gov/vital/) must be completed and forwarded to North Dakota's Vital Records agency. The completed Request for Certified Copy of Birth Record form must be accompanied by a notarized release of information signed by the minor child's parent or guardian. In addition, the individual requesting the copy must provide proof of identity in the form of a current driver's license or other photo ID. There is a $7.00 fee for obtaining a copy of a birth certificate. The fee must accompany the Request for Certified Copy of a Birth Record.
K8. What information does your state require to register an out-of-state order for enforcement/modification?
Completed Transmittal #1, 2 copies (including one certified copy) of all orders to be registered, a notorized affidavit of arrears signed by the official record keeper in the other state, and completed Registration Statement.
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
In general, arrears will be collected at the rate of 120% of the former current support obligation.
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
In general, arrears will be collected based on the "due on arrears" amount or 120% of the former current support obligation, whichever is greater.
K10. What circumstances will cause your state to end child support before the normal duration? **
The child is adopted by someone other than the noncustodial parent.

L. Payments

L1. Does your state define a lump sum payment?
Yes
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
Lump sum payments includes pay in lieu of vacation or other leave, bonus, commission, and any other payment to an obligor but does not include periodic payments made on regular paydays as compensation for services or reimbursement for expenses incurred by the obligor on behalf of the income payer (employer).
L1.2 Provide the statutory citation.
N.D.C.C. Section 14-09-09.34
For Additional Information - exit disclaimer
L2. Does your state law require employers to report lump sum payments?
Yes
L2.1 If yes, give the statutory citation or rule.
N.D.C.C. Section 14-09-09.34
For Additional Information - exit disclaimer
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
No
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
An income payer (employer) who has been served with an income withholding order for an obligor that includes an amount for arrears must notify IV-D before making any lump sum payment of $1,000.00 or more to the obligor.
L4. How are employers instructed to report a pending lump sum?
Income payers (employers) to whom the lump sum reporting law applies are required to "notify" IV-D before making any lump sum payment of $1,000.00 or more to the obligor. No particular form of notification is mandated.
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
30 days.
L6. Does your state use the income-withholding order to attach the lump sum payment?
No
L7. Does your state use the lien/levy process to attach lump sum payments?
Yes
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
Writ of execution.
L8. What other documents does your state use to attach lump sum payments?
Child Support Deduction Order.
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
No.
L9.1. If yes, what are those limits?
No applicable.
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
Yes.
For Additional Information - exit disclaimer
L9.3. If yes, what are those limits?
Income payers (employers) to whom the lump sum reporting law applies may disburse one-half of the lump sum to the obligor and must hold the other one-half for up to 30 days. During this 30 days, IV-D may attach the one-half being held in full or up to the amount needed to satisfy the arrears, whichever is less
L9.4. If no, what percentage is the employer required to withhold?
Not applicable.
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes
L10.1 If yes, would the employer only withhold for that period's obligation?
N/A.
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
Not applicable.
L12. Does your state have a debit card program?
Yes.
L12.1 If so, specify the vendor.
US Bank.
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
Yes.
L13.1 If so, are there fees involved?
Yes, potentially.
L14. What are the fees associated with using the card?
Varies. There may be fees for ATM or teller withdrawal transactions. For ATM withdrawals, there may be a service fee charged by U.S. Bank plus a surcharge fee charged by the owner of the ATM. A list of fees is sent to the oblige when the debit card (i.e., ReliaCard) is sent to him or her.
L15. How does your state collect child support payments from an obligor? **
Payments must be made to a central location (i.e., ND SDU). Payment may be made by preauthorized withdrawal from a financial institution account. Payments may be made by income withholding. Payments may be made by check or money order. Payments may be made by credit card. Payments may be made by electronic funds transfer. Payments may be made in cash.
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Payments may be by check
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are processed through a designated authority. All payments are processed upon receipt.
L18. Does your state process electronic payments in international cases? **
No
L18.1 If so, describe the process. **
Not applicable.
L19. What is your state's International Bank Account Number (IBAN)? **
Not applicable.

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - exit disclaimer
M1.1. Additional information on the CCPA.

For Additional Information - exit disclaimer
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
No
M2.1. If yes, provide the statutory citation
Not applicable.
For Additional Information - No Link Provided
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
Not applicable.
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
Not applicable.
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
Not applicable.
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
Not applicable.
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
Not applicable.
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
Not applicable.
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
Not applicable.
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M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
Not applicable.
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
Yes.
M3.1. Provide the statutory citation.
Subpoenas - N.D.C.C. 50-09-08.2 Liens - N.D.C.C. 35-34-06 Levies - N.D.C.C. 5O-09-35 Child Support Deduction orders IWOs - N.D.C.C. 14-09-09.16
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M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
Notice of Lien.
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
IV-D
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
Child Support deduction order (workers compensation) N.D.C.C. 50-09-35 Lien (other insurance settlements) N.D.C.C. 35-34-06.
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M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
Yes, 30 days. N.D.C.C. 50-09-14(2)
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M6. Are there attorney fees associated with the insurance intercept activity?
No.
M7. How does another state initiate and intercept collections from your state workers' compensation agency?
Recurring payments - through income withholding orders Lump sum payments - through making an intergovernmental referral to North Dakota IV-D.
M7.1. What is the process, the points of contact, and what forms?
See M7.

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
N2. Does your state send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
N3. Does your state send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? MSC P GSC17)
N4. Does your state send a CSENet case closure transaction to notify the initiating state that per its request the case is closed and your state has stopped its income withholding order? (MSC P GSC18)