Child Support and Unemployment Benefits in North Dakota
In North Dakota, child support can indeed be withheld from unemployment benefits. This is in accordance with the North Dakota Century Code and the state’s commitment to ensuring the welfare of children, even when a parent is unemployed.
Legal Basis for Withholding Child Support from Unemployment Benefits
The legal basis for withholding child support from unemployment benefits is found in the North Dakota Century Code 14-09-09.3. This statute outlines the duties and liabilities of an income payer under an income withholding order. It states that any failure of an income payer to comply with this section may be sanctioned as contempt of court, after the court has afforded the income payer a reasonable opportunity to purge itself of the contempt.
Income Withholding Order
An income withholding order is a legal document issued by the court or the child support agency that directs an income payer (in this case, the agency responsible for unemployment benefits) to withhold a specified amount of an obligor’s income for child support. The order is issued without further order of the court, and the obligor may contest its issuance by filing a written request for a hearing within ten days of the notice made under this section (North Dakota Century Code 14-09-09.3).
Amount of Child Support Owed
The amount of child support owed and the amount of arrearage, if any, are determined under section 14-09-09.30 of the North Dakota Century Code. The total amount of money that will be withheld by the income payer from the obligor’s income each month is also determined under this section.
Transfers of Funds for Payment of Child Support
If a court determines that income withholding is inapplicable, ineffective, or insufficient to ensure monthly payment of child support, the court may order an obligor to identify or establish a deposit account that allows for periodic transfers of funds for payment of child support. The obligor is required to execute any necessary agreement for preauthorized transfers of funds from the account to the state disbursement unit for the payment of child support (North Dakota Century Code 14-09-09.35).
Consequences of Non-Compliance
An obligor who fails to comply with this section or make sufficient funds available to satisfy any preauthorized transfer, or who stops payment or revokes authorization for any preauthorized transfer, may be punished for contempt of court (North Dakota Century Code 14-09-09.35).
In conclusion, child support can be withheld from unemployment benefits in North Dakota. The state’s laws ensure that children’s welfare is prioritized, even when a parent is unemployed. The legal mechanisms in place, such as income withholding orders and the possibility of court-ordered transfers of funds, ensure that child support payments are made consistently.