Can I enforce an out-of-state alimony order in North Dakota?

Enforcing Out-of-State Alimony Orders in North Dakota

In the United States, the enforcement of alimony orders across state lines is governed by the Uniform Interstate Family Support Act (UIFSA). North Dakota, like all other states, has adopted this act into its state laws, specifically in North Dakota Century Code (NDCC) Chapter 14-12.2. This act provides the legal framework for enforcing out-of-state alimony orders in North Dakota.

UIFSA and Its Application in North Dakota

The UIFSA was designed to resolve issues related to the enforcement of family support orders when the parties involved live in different states. It provides a mechanism for recognizing and enforcing child support and alimony orders across state lines.

In North Dakota, the UIFSA is codified in NDCC Chapter 14-12.2. This chapter outlines the procedures for registering, enforcing, and modifying out-of-state family support orders in North Dakota. It also provides for the enforcement of orders for spousal support, commonly known as alimony.

Registering an Out-of-State Alimony Order in North Dakota

Before an out-of-state alimony order can be enforced in North Dakota, it must first be registered in a North Dakota court. According to NDCC 14-12.2-28, a support order or income-withholding order issued in another state may be registered in North Dakota by sending the following documents and information to the appropriate North Dakota court:

  1. A letter of transmittal to the tribunal requesting registration and enforcement;
  2. Two copies, including one certified copy, of the order to be registered, including any modification of the order;
  3. A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;
  4. The name of the obligor and, if known:
    • The obligor’s address and social security number;
    • The name and address of the obligor’s employer and any other source of income of the obligor; and
    • A description and the location of property of the obligor in this state not exempt from execution.

Enforcement of Registered Alimony Orders

Once the out-of-state alimony order is registered, it can be enforced in the same manner as a support order issued by a North Dakota court. According to NDCC 14-12.2-33, upon registration, the registered order is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.

Modification of Registered Alimony Orders

It’s important to note that while North Dakota courts can enforce out-of-state alimony orders, they cannot modify these orders unless they have jurisdiction to do so under NDCC 14-12.2-36. This typically requires that the party seeking modification be a resident of North Dakota, and that all parties have submitted to the jurisdiction of the North Dakota courts.

In conclusion, yes, you can enforce an out-of-state alimony order in North Dakota. The process involves registering the order in a North Dakota court and then enforcing it in the same manner as a local order. However, modification of the order can only be done if the North Dakota court has jurisdiction over the case.