Child Support Arrears in North Dakota
In North Dakota, child support arrears refer to past-due child support payments that an obligor (the person who owes child support) has failed to make. These arrears can accumulate over time and can lead to significant legal and financial consequences for the obligor. However, under certain circumstances, these arrears can be forgiven or suspended.
Legal Provisions for Forgiveness of Child Support Arrears
According to North Dakota Century Code 14-09-09.31, the child support agency has the authority to suspend or waive judgment interest on an arrearage as part of an amnesty program, as an incentive for satisfying a child support obligation, or if the agency determines that the judgment interest is not collectible through commercially reasonable efforts. This provision applies to judgment interest accruing before July 1, 2005, only if the arrearage is assigned to the child support agency under section 50-09-06.1 or 50-24.1-02.1, or if the obligee (the person to whom child support is owed) provides written consent.
However, it’s important to note that any judgment interest that is suspended or waived under this subsection may be reinstated by the child support agency if the obligor has failed to comply with a payment plan.
Conditions for Forgiveness of Child Support Arrears
The forgiveness or suspension of child support arrears is not automatic. It is subject to certain conditions and is at the discretion of the child support agency. The agency may consider factors such as the obligor’s financial situation, the amount of the arrearage, the obligor’s efforts to repay the arrearage, and the best interests of the child or children involved.
Consequences of Non-Payment of Child Support Arrears
Non-payment of child support arrears can have serious consequences. According to North Dakota Century Code, if an obligor owes unpaid 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 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.
Review and Amendment of Child Support Orders
Under North Dakota Century Code, a child support order may be reviewed by the child support agency if more than twelve months have passed since the establishment of the order or the most recent amendment or review of that order by the court or child support agency. If, upon review, the agency determines that the order provides for child support payments in an amount that is inconsistent with the amount that would be required by the child support guidelines, the agency may seek an amendment of the order.
In conclusion, while child support arrears can be forgiven under certain circumstances in North Dakota, it is not a guarantee and is subject to the discretion of the child support agency and the courts. It is always advisable for obligors to seek legal counsel when dealing with child support arrears to understand their rights and obligations fully.