Non-Payment of Child Support in North Dakota
In North Dakota, child support is a legal obligation. When a parent fails to meet this obligation, there are several legal consequences that can be enforced by the state’s child support agency or the courts. This article will explore the legal repercussions for non-payment of child support in North Dakota, referencing the relevant North Dakota Century Code sections.
Legal Consequences for Non-Payment
According to North Dakota Century Code 14-09-09.31, child support obligations cannot be subjected to execution, garnishment, attachment, or other processes except to satisfy the child support obligation itself. This means that the child support agency has the authority to enforce the payment of child support.
Contempt of Court
If a parent 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 child support obligor (North Dakota Century Code 14-09-09.24).
License Suspension
The court may also determine whether the obligor has a motor vehicle operator’s license issued under chapter 39-06. If so, the court may restrict or suspend the obligor’s motor vehicle operator’s license (North Dakota Century Code 14-09-09.24).
Furthermore, 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 their occupation or profession (North Dakota Century Code 14-09-09.24).
Child Support Arrearage
If an arrearage exists, the obligor may be ordered 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 (North Dakota Century Code 14-09-09.24).
The total amount of child support due in each month under this section for purposes of income withholding may be increased at the request of the obligor to repay an arrearage or by agreement with the child support agency (North Dakota Century Code 14-09-09.24).
Review and Amendment of Child Support Order
The child support order can 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, whichever is later (North Dakota Century Code 14-09-09.24).
If, upon review, the child support 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 established under subsection 1 of section 14-09-09.7, the child support agency may seek an amendment of the order (North Dakota Century Code 14-09-09.24).
Criminal Charges for Non-Support
Under North Dakota Century Code 14-07-14, if a parent or other person legally responsible for the care or support of a child wholly abandons the child or willfully fails to furnish food, clothing, shelter, and medical attention reasonably necessary and sufficient to meet the child’s needs, they may face criminal charges. This applies even if the parent has secured a divorce awarding the custody of the child.
In conclusion, non-payment of child support in North Dakota can lead to serious legal consequences, including contempt of court, license suspension, increased child support arrearage, amendment of the child support order, and even criminal charges. It is therefore crucial for parents to understand their legal obligations and to seek legal advice if they are unable to meet their child support payments.