Child Support Obligations in North Dakota
In North Dakota, child support obligations are taken very seriously. The state has established a comprehensive legal framework to ensure that children receive the financial support they need from both parents. This article will explore the legal implications of hiding income to avoid paying child support, the consequences of such actions, and the remedies available to the aggrieved party.
Legal Framework for Child Support
Under the North Dakota Century Code (NDCC) §14-09-09.30, child support obligations are determined based on the obligor’s income. The law stipulates that the total amount of child support due each month can be increased at the request of the obligor to repay an arrearage or by agreement with the child support agency.
Hiding Income to Avoid Child Support
If an obligor is suspected of hiding income to avoid paying child support, it is considered a serious violation of the law. The North Dakota Century Code §14-09-09.35 provides that if a court determines that income withholding is insufficient to ensure monthly payment of child support, it may order an obligor to identify or establish a deposit account that allows for periodic transfers of funds for payment of child support.
Consequences of Hiding Income
The consequences of hiding income to avoid child support can be severe. If an obligor fails to comply with the court’s order or make sufficient funds available to satisfy any preauthorized transfer, they may be punished for contempt of court (NDCC §14-09-09.35).
Furthermore, if an obligor is delinquent in the payment of child support, the court may issue an income withholding order on all income (NDCC §14-09-09.30). The obligor may contest the issuance of the income withholding order by filing a written request for hearing within ten days of the date of the notice made under this section.
Remedies for the Aggrieved Party
If you suspect that your ex is hiding income to avoid paying child support, there are several legal remedies available. You can request the child support agency to investigate the matter. If the agency finds evidence of income hiding, it can take enforcement actions, including income withholding, liens on property, and even criminal charges.
In addition, if the 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 (NDCC §14-09-09.30).
Conclusion
Hiding income to avoid paying child support is a serious violation of North Dakota law. The state has established a comprehensive legal framework to ensure that children receive the financial support they need from both parents. If you suspect that your ex is hiding income to avoid paying child support, you should seek legal advice and consider requesting an investigation by the child support agency.