What are the consequences of not paying child support?

Consequences of Not Paying Child Support in North Dakota

In North Dakota, the law takes the obligation of child support very seriously. Non-payment of child support can lead to severe consequences, including legal penalties and potential loss of certain licenses. The North Dakota Century Code provides clear guidelines on the consequences of non-payment of child support.

Legal Penalties

According to North Dakota Century Code 14-08.1-06, if a child support 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 consider a contempt citation against the obligor. This can lead to legal penalties, including fines and potential jail time.

Suspension of Licenses

The same statute, 14-08.1-06, also provides that the court may withhold or suspend any occupational, professional, or recreational certificate, permit, or license issued by or on behalf of the state or any of its licensing authorities or occupational or professional boards, which the obligor is required to obtain prior to engaging in the obligor’s occupation or profession. This means that non-payment of child support can potentially affect the obligor’s ability to work in their chosen profession.

Furthermore, 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. This can significantly impact the obligor’s ability to travel for work or personal reasons.

Civil Remedies for Child Support

Under North Dakota Century Code 14-08.1-01, a person legally responsible for the support of a child under the age of eighteen years who fails to provide support, subsistence, education, or other necessary care for the child is liable for the reasonable value of physical and custodial care or support which has been furnished to the child by any person, institution, agency, or human service zone.

Income Withholding

According to North Dakota Century Code 14-09-09.30, if the obligor is delinquent in the payment of child support, the obligor is subject to an income withholding order on all income. The income payer may withhold an additional sum of three dollars to cover the income payer’s expenses. The income withholding order has been issued without further order of the court.

In conclusion, the consequences of not paying child support in North Dakota are severe and can significantly impact an individual’s professional and personal life. It is crucial for individuals to understand their legal obligations and to seek legal advice if they are unable to meet their child support obligations.