Child Support Obligations in North Dakota
In North Dakota, both parents are legally obligated to provide financial support for their children. This obligation remains in effect even if one parent refuses to work in an attempt to avoid paying child support. The North Dakota Century Code provides several mechanisms to ensure that child support obligations are met.
Enforcement of Child Support Orders
If a parent refuses to work to avoid paying child support, the court has several enforcement options at its disposal. According to North Dakota Century Code 14-08.1-05.1, the court can order 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, the court can also require them to participate in work activities deemed appropriate by the court.
Work Activities
The term “work activities” is broadly defined and can include unsubsidized employment, subsidized private sector employment, and subsidized public sector employment. This means that the court can order the non-compliant parent to seek employment as a means of fulfilling their child support obligations.
Suspension of Licenses
In cases where a parent 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 can take further action. According to North Dakota Century Code 14-09-09.31, the court can withhold or suspend any occupational, professional, or recreational certificate, permit, or license that the parent is required to obtain prior to engaging in their occupation or profession. This includes a motor vehicle operator’s license.
Contempt of Court
If a parent continues to refuse to work and pay child support, they may be held in contempt of court. The court can determine whether the parent has a motor vehicle operator’s license and may restrict or suspend it. The court will notify the department of transportation of its decision to restrict or suspend the parent’s motor vehicle operator’s license.
Child Support Exempt from Process
It’s important to note that 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 is according to North Dakota Century Code 14-09-09.31. This means that the child support obligation is protected and must be paid regardless of the parent’s other financial obligations.
In conclusion, refusing to work to avoid paying child support is not a viable strategy in North Dakota. The state has several mechanisms in place to ensure that child support obligations are met, including ordering the non-compliant parent to seek employment, suspending their licenses, and holding them in contempt of court. It’s always advisable for parents to seek legal counsel when dealing with child support issues to ensure they understand their rights and obligations.