Collection of Back Child Support in North Dakota
In North Dakota, the collection of back child support, also known as child support arrearages, is governed by specific statutes and procedures. The North Dakota Century Code provides the legal framework for the enforcement of child support obligations, including the collection of arrearages.
Child Support Arrearages
An arrearage is defined as an unpaid child support obligation that was due in a month prior to the current month. The child support agency may calculate judgment interest accrued for periods on or after January 1, 2004, for child support obligations that first became arrearages on or before July 1, 2002.
Methods of Collection
The state disbursement unit is responsible for collecting child support payments, including arrearages. The unit provides notice to the obligor (the person who owes child support), the obligee (the person to whom child support is owed), and any income payer that payment must be made to the state disbursement unit.
If an arrearage exists, the obligor may be required to pay an amount equal to twenty percent of their most recent monthly support obligation, if the supported child resides with the obligor pursuant to a court order. Alternatively, the obligor may be ordered to pay an amount toward the arrearage if that amount is included in an order issued when there is no current monthly support obligation.
The total amount of child support due each month may be increased at the request of the obligor to repay an arrearage or by agreement with the child support agency.
Exemption from Process
According to North Dakota Century Code 14-09-09.31, 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 means that the child support agency has the authority to collect arrearages directly from the obligor’s income or assets.
Disbursement of Collected Payments
Collected child support payments, including those for arrearages, are deposited into the state treasury. These payments, except those payments assigned to the state, are appropriated to the child support agency for the purpose of making disbursements to obligees entitled to the child support payments collected.
Review and Amendment of Child Support Orders
Under certain conditions, a child support order may be reviewed by the 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. If the order provides for child support payments in an amount less than eighty-five percent or more than one hundred fifteen percent of the amount that would be required by those guidelines, the agency shall seek an amendment of the order.
Fee for Child Support Services
Any annual fee for child support services imposed by the child support agency under section 50 -06.3-02 to conform with title IV-D of the Social Security Act shall be imposed on the obligee. The amount of the fee in a case which is being enforced under title IV-D must be less, on an annual basis, than the fee in a case which is not being enforced under title IV-D. Upon order of a court, the amount of the fee paid by the obligee may be collected from the obligor as past-due support.
In conclusion, the collection of back child support in North Dakota involves a combination of legal procedures, including the calculation of arrearages, direct collection from the obligor’s income or assets, and potential review and amendment of child support orders. The process is overseen by the state disbursement unit and the child support agency, with the aim of ensuring that children receive the financial support they are entitled to.