Child Support Non-Payment Consequences in North Dakota
In North Dakota, child support is a legal obligation. If an individual fails to pay child support on time, there are several legal consequences that can be enforced by the court or the child support agency. These consequences are outlined in the North Dakota Century Code and are designed to ensure that the child’s financial needs are met.
Legal Actions Against Non-Paying Obligor
According to Section 14-08.1-05.1 of the North Dakota Century Code, if an individual owes past-due child support, the court may require the individual to pay past-due support in accordance with a plan approved by the court or the child support agency. If the individual is not incapacitated, they may also be required to participate in work activities as deemed appropriate by the court. This could include unsubsidized employment, subsidized private sector employment, or subsidized public sector employment.
License Suspension or Withholding
In cases where the obligor is in arrears in child support in an amount greater than three times the monthly child support obligation and is not current in a court-established plan to repay the unpaid child support arrears, the court may restrict or suspend a motor vehicle operator’s license issued by the state which is held by the obligor. The court will notify the department of transportation of the court’s decision to restrict or suspend an obligor’s motor vehicle operator’s license.
Furthermore, the court may withhold or suspend any occupational, professional, or recreational certificate, permit, or license that the obligor is required to obtain prior to engaging in the obligor’s occupation or profession. This is a significant consequence as it can directly impact the obligor’s ability to earn income.
Contempt of Court
If an obligor fails to comply with a subpoena relating to a paternity or child support matter, the court may consider a contempt citation against the obligor. This is a serious legal consequence that can result in fines or even jail time.
Income Withholding
Under Section 14-09-09.31, the total amount of child support due in each month may be increased at the request of the obligor to repay an arrearage or by agreement with the child support agency. This means that a larger portion of the obligor’s income could be withheld to cover the unpaid child support.
Execution on Judgment
As per Section 14-08.1-05.1, a party or the party’s assignee may also execute on the judgment, and the obligor is entitled only to the exemptions from process set forth in section 28-22-02. This means that the obligor’s property may be seized to satisfy the child support debt.
In conclusion, if your ex does not pay child support on time in North Dakota, there are several legal consequences that can be enforced to ensure the child’s financial needs are met. It is recommended to consult with a legal professional to understand the best course of action in such situations.