Child Support and Wage Garnishment in North Dakota
In North Dakota, child support can indeed be garnished from an obligor’s wages. This process is governed by specific statutes and procedures outlined in the North Dakota Century Code.
Legal Basis for Wage Garnishment
The legal basis for wage garnishment for child support in North Dakota is found in the North Dakota Century Code 14-09-09.3. This statute states that an income payer, typically an employer, may be held in contempt of court if they fail to comply with an income withholding order for child support. This means that if a court orders an employer to withhold a portion of an employee’s wages for child support, the employer is legally obligated to do so.
Process of Wage Garnishment
The process of wage garnishment for child support in North Dakota involves several steps. First, a court must issue an income withholding order. This order directs the employer to withhold a specific amount from the employee’s wages each pay period. The withheld amount is then sent directly to the state disbursement unit for the payment of child support.
Exceptions and Limitations
While wage garnishment is a common method of ensuring child support payments, there are exceptions and limitations. According to North Dakota Century Code 14-09-09.35, if a court determines that income withholding is inapplicable, ineffective, or insufficient to ensure monthly payment of child support, the court may order the obligor to establish a deposit account that allows for periodic transfers of funds for payment of child support.
Consequences of Non-Compliance
Non-compliance with wage garnishment orders can result in serious consequences. As per North Dakota Century Code 14-09-09.3, an employer who fails to comply with an income withholding order may be held in contempt of court. Similarly, an obligor who fails to comply with the requirements of North Dakota Century Code 14-09-09.35 may also be punished for contempt of court.
Child Support Exempt from Process
It’s important to note that, according to North Dakota Century Code 14-09-09.31, a child support obligation owed to an obligee who is a judgment debtor may not be subject to execution, garnishment, attachment, or other process except to satisfy that child support obligation. This means that child support payments are protected from being seized or garnished by other creditors.
In conclusion, child support can indeed be garnished from wages in North Dakota, and both employers and obligors have legal obligations to comply with court orders regarding wage garnishment for child support. Failure to comply with these orders can result in legal consequences, including being held in contempt of court.