| North Dakota State Profile |
|
| A. General/State-At-A-Glance |
| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
| State-supervised; State-administered. |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
| 8 regional child support enforcement units. |
| A3. With what types of agencies do you have cooperative agreements? |
| Clerks of court, state's attorneys, Attorney General's office, the Supreme Court Administrator's office, and Three Affiliated Tribes (TAT), who are operating a tribal IV-D program within North Dakota. |
| A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? |
| Yes. Under state law, an attorney for the IV-D program represents the interests of the people of the state of North Dakota. Representation by an IV-D attorney may not be construed to create an attorney-client relationship between the attorney and any party or witness to the action, other than the people of the state of North Dakota. |
| A4.1. If yes, what is the statutory citation? |
N.D.C.C. section 14-09-09.27
For Additional Information - http://www.legis.nd.gov/cencode/t14c09.pdf |
| A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
| Yes |
| A4.3. If yes, please explain. |
| The Ethics Committee of the State Bar Association of North Dakota issued an opinion confirming that state law is clear on its face in providing that the IV-D attorney represents the state and is not the attorney for either the obligor or obligee. The opinion also addresses the obligation of the IV-D attorney to fully disclose his or her role to any unrepresented party. |
| B. UIFSA |
 |
|
| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
| 08/01/1995 |
| B2. What is the effective date of your State's UIFSA? |
| 08/01/1995 |
| B3. What is the statutory citation for your State's Act? |
N.D.C.C. ch. 14-12.2.
For Additional Information - http://www.legis.nd.gov/cencode/t14c122.pdf |
| B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)? |
| North Dakota has implemented the 1996 version. However, in 2009, the North Dakota legislature adopted the 2008 version with a contingent effective date. The 2008 version will become effective when the Hague convention on the international recovery of child support and other forms of family maintenance is ratified. |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
| See B4. |
| B5. Optional comments regarding your State's UIFSA. |
| None |
| C. Reciprocity |
|
|
| C1. With what foreign countries does your State reciprocate? |
| Canadian Provinces or territories: Alberta, British Columbia, Manitoba, New Brunswick, Northwest Territories, Nunavut, Newfoundland/Labrador, Nova Scotia, Ontario, Saskatchewan, Yukon Territory; Australia; Czech Republic; El Salvador; Finland; France; Germany; Hungary; Israel; Mexico; Netherlands; Norway; Poland; Portugal; Slovak Republic; Sweden; Switzerland; and United Kingdom (England, Wales, Northern Ireland, and Scotland). |
| C1.1. Does your State exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal only orders for foreign reciprocating countries? |
| No |
| C1.2. If yes, please explain. |
| Not applicable |
| C2. Has your State established reciprocity with any Tribal courts? |
| No |
| C2.1. If yes, list the Tribes and identify services provided, if less than full services. |
| North Dakota IV-D has entered into a cooperative agreement with Three Affiliated Tribes (TAT). Under the cooperative agreement, North Dakota IV-D provides the same services to TAT's tribal IV-D program that it would provide to another state's IV-D program. |
| D. Age of Majority |
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|
| D1. What is the age of majority in your State? |
| 18 years of age. |
| D2. What is the statutory citation for the age of majority? |
N.D.C.C. section 14-09-08.2.
For Additional Information - http://www.legis.nd.gov/cencode/t14c09.pdf |
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
| 18 years of age. If child is enrolled and attending high school and child resides with person to whom duty of support is owed, child support extends until child is 19 or graduates from high school, whichever occurs first. |
| D4. Does the date of the order impact what law is applied? |
| No |
| D4.1. If yes, please explain. |
| Statute specifically indicates that it is applicable to any child support order, regardless of the date of entry of the order. |
| D5. Does child support end if the child leaves the household but does not emancipate? |
| No |
| D5.1. Optional comments regarding emancipation. |
| Not automatic. May be considered by the court on a case by case basis. |
| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
| Yes |
| D6.1. If yes, please explain. |
| If the parties agree or if the court determines the support to be appropriate. |
| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
| No |
| D7.1. If yes, please describe the procedure. |
| If the support order provides for a "step-down" in the obligated amount and specifies the new (reduced) amount to be paid as children age out, the step-down will be implemented without the need to return to court. |
| E. Statute of Limitations |
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|
| E1. What is your State's statute of limitations for collection of past due support? |
| Effective April 2, 1999, past-due child support is no longer subject to statute of limitations. Past-due child support which had been affected by the statute of limitations prior to April 2, 1999, is not revived; however, application of the statute of limitations, while it serves to bar certain judicial enforcement remedies, does not extinguish the debt. Also, effective August 1, 2005, the duration of a lien arising from a docketed judgment and the time period for issuing an execution are not subject to a statute of limitations. |
| E2. What is your State's statute of limitations for paternity establishment? |
A paternity action can be commenced at any time, even after the child becomes an adult (but only if the child initiates the action) or an earlier paternity action has been dismissed based on a statute of limitation then in effect.
For Additional Information - No Link Provided |
| E3. Is dormancy revival/renewal possible? |
| No |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
| Not applicable |
| F. Support Details |
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|
| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)? |
Variable percentage of obligor's net income.
For Additional Information - No Link Provided |
| F2. Does your State charge interest on missed arrears? |
| Statutory rate is 12% per annum, rarely enforced. Arrears are automatically judgments and would accrue from original due date for each payment. |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
| The interest rate is equal to the prime rate as published in the Wall Street Journal on the first Monday in December of each year plus three percentage points and rounded up to the next one-half percentage point. For calendar year 2009, the interest rate is 7%. For calendar year 2010, the interest rate is 6.50%. Interest may not be compounded. The IV-D program will calculate interest on arrears that accrued after July 1, 2002. For arrears that accrued on or before July 1, 2002, the IV-D program will calculate interest effective January 1, 2004. Otherwise, interest will only be added to the IV-D program's records if a court has ordered the interest amount to be calculated by some other individual or entity and has approved the calculated amount. For purposes of interest, arrears must be due in a month prior to the current month. |
| F3. Does your State charge interest on retroactive support? |
| Yes |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
| The interest rate is equal to the prime rate as published in the Wall Street Journal on the first Monday in December of each year plus three percentage points and rounded up to the next one-half percentage point. For calendar year 2009, the interest rate is 7%. For calendar year 2010, the interest rate is 6.50%. Interest may not be compounded. The IV-D program will calculate interest on arrears that accrued after July 1, 2002. For arrears that accrued on or before July 1, 2002, the IV-D program will calculate interest effective January 1, 2004. Otherwise, interest will only be added to the IV-D program's records if a court has ordered the interest amount to be calculated by some other individual or entity and has approved the calculated amount. For purposes of interest, arrears must be due in a month prior to the current month. |
| F4. Does your State charge interest on adjudicated arrears? |
| Yes |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
The interest rate is equal to the prime rate as published in the Wall Street Journal on the first Monday in December of each year plus three percentage points and rounded up to the next one-half percentage point. For calendar year 2009, the interest rate is 7%. For calendar year 2010, the interest rate is 6.50%. Interest may not be compounded. The IV-D program will calculate interest on arrears that accrued after July 1, 2002. For arrears that accrued on or before July 1, 2002, the IV-D program will calculate interest effective January 1, 2004. Otherwise, interest will only be added to the IV-D program's records if a court has ordered the interest amount to be calculated by some other individual or entity and has approved the calculated amount. For purposes of interest, arrears must be due in a month prior to the current month.
For Additional Information - No Link Provided |
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
| No |
| F5.1. If yes, under what circumstances? |
| Not applicable |
| F6. Does your state elect to recover costs or charge fees in your IV-D State Plan? |
| No |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
| Not applicable |
| F6.2. What costs are recovered from/fees charged to the obligor? |
| Not applicable |
| F7. Does your State recover costs on behalf of the initiating State? |
| Yes |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
| In a paternity case in which North Dakota is the responding jurisdiction, ND IV-D will attempt to recover genetic testing costs fronted by the initiating jurisdiction's IV-D program. In these situations, ND IV-D will attempt to recover these costs from the alleged father if paternity is established. |
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
N.D.R.Civ.P Rule 4(b) (General Long-Arm) NDCC Section 14-12.2-04 (UIFSA).
For Additional Information - http://www.legis.nd.gov/cencode/t14c122.pdf |
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
| Yes |
| F9.1. If yes, under what circumstances? |
| Establish - No. Enforce - Yes, if the spouse/former spouse is living with the child or children and the child support obligation is being enforced by IV-D. Modify - No. |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
| No |
| F10.1. Optional comments regarding required information on spouse or partner. |
None
|
| F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance? |
| The fee is imposed on the obligee and is collected by retaining from support collected on behalf of the obligee. |
| F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? |
| See F11. |
| F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? |
| See F11. |
| F11.3. Does your State collect the fee from the absent parent? |
| See F11. |
| F11.4. Does your State pay the fee out of its own funds? |
| See F11. |
| F12. When will your State implement the required DRA limited-assignment provision? |
| By October of 2009 |
| F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? |
| No |
| F13.1. If yes, provide the date. |
|
| F14. Will your State participate in the pass through in Former Assistance cases? |
| No |
| F14.1. If yes, provide the date. |
|
| F15. Will your State discontinue eligible assignments under the DRA of 2005? |
| Yes |
| F15.1. If yes, list the eligible assignments your State would discontinue. |
| Temporary/conditionally assigned arrears. |
| F15.2. When will your State discontinue each type of assignment? |
| By October 2009 |
| F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? |
| PRWORA |
| F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee? |
| Requires documentation that the "different payee" is receiving TANF and that child support has been assigned. |
| F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee? |
| Redirect will not be implemented unless the "different payee" has legal custody of the child. |
| F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only? |
| Same as above (F17.1) |
| F17.3. How does your State collect the $25.00 annual fee on never-TANF cases? |
| See F11 |
| G. Income Withholding |
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|
| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
| Income Withholding. |
| G2. What specific source of income is not subject to withholding? |
Public assistance benefits administered under state law.
For Additional Information - No Link Provided |
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
| No |
| G3.1. If yes, what are those limits? |
| Not applicable |
| G4. What is the allowable fee per pay period for processing income withholding payments? |
Income payer (employer) may withhold an additional $3 per month.
For Additional Information - No Link Provided |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
| No later than the first payday that occurs after service of the income withholding order. |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
| Within 7 working days of the date the obligor is paid. |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
| Procedures for sanctions may be either judicial (e.g., contempt of court) or administrative (e.g., late fee). |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
| Income payer (employer) may be sanctioned as a contempt of court, which may include a fine. The income payer (employer) may also be personally liable for the amount of income that the income payer (employer) failed or refused to withhold or deliver, along with costs, interest, and reasonable attorney's fees. In addition, if the income payer (employer) failed or refused to withhold or deliver income for more than 14 days, the income payer (employer) is liable for damages of $200 or actual damages, whichever is greater. An income payer (employer) who fails to withhold or deliver income for more than seven days may be charged a late fee of $25 per obligor per day or $75 per day, whichever is greater. |
| G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? |
| Yes |
| G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. |
| Send to: Job Service of North Dakota 1000 E Divide Ave PO Box 5507 Bismarck, ND 58506-5507 |
| G9.2. Optional comments regarding direct withholding of UI benefits across state lines. |
| |
| G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? |
| Yes |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
| Send to: Workforce Safety & Insurance PO Box 5585 Bismarck, ND 58506-5585 |
| G11. How does an obligor contest income withholding in your State? |
| A written request for hearing must be filed within ten days of the date of the notice to the obligor. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
| If the obligor has more than one child support claim and the combined amount to be withheld exceeds 50% of disposable income, the income payer (employer) must withhold and transmit the maximum amount permitted. The amount transmitted will be allocated among the claims based on the portion of each claim to the combined total of all claims. |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States; can the employer request your assistance? |
| Yes |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
N/A
For Additional Information - No Link Provided |
| G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
| Disposable income means gross income less deductions required by law for taxes and social security. |
| G14. When does your state require the employer to send notice of an employee's termination? |
Within seven days of the employee's termination.
For Additional Information - No Link Provided |
| G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
| It is recommended that the employer retain the income withholding order for one year if it is anticipated that the employee will be rehired. |
| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
| No |
| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
| Yes |
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
Employer: Yes. Financial Institution: No, unless the financial institution is the employer. Workers Compensation: Yes. Other Income Payer: Yes.
For Additional Information - No Link Provided |
| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
Any amount owed under an income withholding order must be satisfied before any payment is made to a health insurance provider.
For Additional Information - No Link Provided |
| H. Paternity |
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|
| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
| No |
| H1.1. If yes, please explain. |
| IV-D does not address custody or visitation, but courts may address issues on own volition. |
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
99% or higher
For Additional Information - No Link Provided |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
| If there is at least a 99% probability of paternity, a rebuttable presumption is created. |
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
| 07/01/1995 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
| Yes |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
| None |
| H5. Does marriage constitute a rebuttable presumption of paternity? |
| Yes |
| H5.1. If yes, how is the presumption rebutted? |
| In general, a proceeding brought by a presumed father, mother, or another individual to adjudicate the paternity of a child having a presumed father must be commended no later than two years after the child's birth. However, a proceeding to disprove paternity of a presumed father may be commenced at any time if the court finds that the presumed father and mother didn't cohabitate or engage in sexual intercourse with each other during the probable time of conception and the presumed father never openly held out the child as his own. |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
| No |
| H6.1. If no, briefly explain. |
Before voluntary paternity acknowledgments creating a conclusive presumption of paternity were implemented, it was possible for a father's name to be added to a birth certificate based on a rebuttable acknowledgment of paternity.
For Additional Information - No Link Provided |
| H7. Does your State have any other paternity-related presumptions? |
| Yes |
| H7.1. If yes, briefly explain. |
In addition to the marital presumptions, a presumption of paternity is created if a man resides in the same household as a child for the first two years of the child's life and openly holds out the child as his own.
For Additional Information - No Link Provided |
| H8. Does your State have a putative fathers' registry? |
| No |
| H8.1. If yes, what is the name of that entity? |
| Not applicable |
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
| No |
| H9.1. If yes, please describe any circumstances under which these fees may be waived. |
| No fees for an acknowledgment of paternity. |
| H10. Is common law marriage recognized in your State? |
| No |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
Not applicable
For Additional Information - No Link Provided |
| H10.2. When did your current common law standard go into effect? |
| |
| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
| Not applicable |
| H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
| With court's permission, written, video, audio testimony is acceptable. |
| H12. Please give the statutory citation for your State's long arm statute and list any special provisions. |
N.D.R.Civ.P 4(b) (General Long-Arm) N.D.C.C Section 14-12.2-04 (UIFSA)
For Additional Information - http://www.legis.nd.gov/cencode/t14c122.pdf |
| H13. Does your State recover genetic testing costs for other States? |
| Yes |
| H13.1. If so, please explain. |
| Genetic testing costs are subject to recoupment from the alleged father if paternity is established. See F7.1. |
| H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
| If a child's parents are unmarried, the father's name may not be entered on the child's birth certificate unless the parents sign a voluntary acknowledgment of paternity that is filed with the Vital Records agency or there is an order adjudicating paternity entered by a court or other entity of competent jurisdiction. |
| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
| In general, July 1, 1997. However, there are certain exceptions. For example, if a child is born to married parents, the husband is rebuttably presumed to be the father and his name will be on the child's birth certificate even though paternity is not determined through the voluntary acknowledgment process or through adjudication. Therefore, the presence of the father's name on the child's birth certificate does not necessarily always mean that paternity has been conclusively established. |
| H16. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
| One set of documents (with paternity affidavit for each child) |
| I. Support Order Establishment |
|
|
| I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation? |
| Judicial process |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
| Not applicable |
| I1.2. Under what circumstances would the judicial process be used? |
| All circumstances |
| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
| For Additional Information - No Link Provided |
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
Only the obligor's income is considered.
For Additional Information - No Link Provided |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
As of October 1, 2008, there are 13 criteria that have been established for rebutting the presumptively correct guideline amount. The criteria are found in section 9, subsection 2 of the child support guidelines.
For Additional Information - http://www.legis.nd.gov/information/acdata/pdf/75-02-04.1.pdf |
| I4. Will your State establish support orders for prior periods? |
| Yes |
| I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
| IV-D will go back to (1) TANF: date of assignment or birth whichever occurs later; (2) Non-TANF: date of application or, if Medicaid case, date of Medicaid referral. However, the maximum timeframe that IV-D will go back is 2 years, no matter what the case type is. |
| I4.2. What information or documentation does your State require to proceed? |
Child Support Enforcement Transmittal #1, Uniform Support Petition, General Testimony.
For Additional Information - No Link Provided |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
| Yes |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
| No limitations under state law. However, under IV-D program policy, the maximum timeframe that IV-D will go back for prior period support is two years, whether the case is public assistance or not. |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
Paternity establishment - yes, through the voluntary paternity acknowledgment process. Establishment of support orders - no. Modification of support orders - no. Enforcement of support orders - yes, through a variety of enforcement tools, including income withholding, license suspension, liens, executions.
For Additional Information - No Link Provided |
| I6. What is your State's statutory authority for the administrative process? |
For Additional Information - No Link Provided
|
| I7. Is there a local State law that allows an interstate administrative subpoena? |
State law gives North Dakota's IV-D program the power to require by subpoena the attendance of witnesses and the production of books, records, and papers. See N.D.C.C. Section 50-09-08.2.
For Additional Information - No Link Provided |
| I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
No, provided TANF assistance is being expended for the child.
For Additional Information - No Link Provided |
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
| Yes, if TANF assistance is not being expended for the child. |
| I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
| Yes |
| I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action? |
| Establishment |
| J. Support Enforcement |
|
|
| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both? |
|
| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
| Administrative |
| J2. Is the lien process in your State judicial, administrative or both? |
| Both |
| J2.1. What are the trigger criteria for filing a lien? |
Real Property (RP): Lien is automatically created when judgment for any amount of past-due support is docketed. Personal Property (PP): Past-due support amount is greater than 2 times the current or most recent monthly support obligation or $2,000, whichever is less.
For Additional Information - No Link Provided |
| J2.2. Where are your State liens filed? |
| RP: When a judgment for past-due support is docketed, a lien is automatically created on all real property of the obligor (except the homestead) in any county where the judgment is docketed. PP: Varies; depends on type of PP (see J9) |
| J2.3. Does your State charge a fee for filing a lien? |
| Yes |
| J2.4. If yes, please indicate the amount. |
| North Dakota CSE cases are exempt. Other states may be subject to varying fees. |
| J.3. Does your State enforce property seizure and sale? |
| Yes |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
| Executions on property may be either judicial or administrative. |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
| Liens: Administrative. Execution: May be administrative or judicial. ND Child Support Deduction Orders: Administrative. |
| J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support? |
| Any notice required for a particular enforcement action is provided when the action is taken. |
| J4.2. Does your State's income withholding definition includes amounts in financial institutions? |
No
For Additional Information - No Link Provided |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
| Yes |
| J4.3.1 If yes, who notifies the NCP, the State or financial institution? |
| The State. |
| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
| Lien on account: Obligor is served w/a copy when the financial institution is served. Execution on account: Any notice to the obligor (i.e. notice of levy) is provided by the sheriff (or other officer). Depending on the type of seize action, a copy must be served by IV-D on the obligor by 1st class mail at last known address or by the sheriff (or other officer). ND Child Support Deduction Order issued against account: Obligor is served with a copy when the financial institution is served. |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
| Freeze (i.e., liens): See J2.1. Seize: Depends on type of seize action. See J5.2. |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
Judicial Execution: Any past-due support amount. Administrative Execution: Past-due support amount is greater than 2 times the current or most recent monthly support obligation or $2,000, whichever is less. ND Child Support Deduction Order: Any past-due support amount.
For Additional Information - No Link Provided |
| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
| No |
| J5.3. 1. If yes, please provide the time frame. |
| Not applicable |
| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
| No |
| J5.4.1. If yes, please provide the percentage. |
| Not applicable |
| J5.4.2. Is the percentage different for joint accounts? |
| No |
| J5.4.3. If yes, please define. |
| Not applicable |
| J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount. |
| No |
| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
| Not applicable |
| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
Administrative Lien: Obligor has 30 days to seek court review of the lien. Administrative Execution: Obligor has 10 days to file claim of exemptions with the sheriff's office and also has 30 days to seek court review of the execution. Judicial Execution: Obligor has 10 days to file claim of exemptions with the sheriff's office. ND Child Support Deduction Order: Obligor has 10 days to seek informal review from IV-D and/or 30 days to seek court review of the deduction order.
For Additional Information - No Link Provided |
| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action? |
| Not applicable |
| J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action? |
No specific basis provided for liens. Executions (judicial and administrative) and ND Child Support Deduction Orders are subject to absolute exemptions only.
For Additional Information - No Link Provided |
| J5.10. Is your State's complaint review process judicial, administrative or both? |
| Liens and Executions: Judicial (even if action was administrative). ND Child Support Deduction Orders: Both. |
| J5.11. What are your State's penalties for incorrect seizures? |
| None |
| J5.12. Is the second challenge administrative, judicial or both? |
| Not applicable |
| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
| Administrative action (liens and executions): The request for review must be filed by the obligor or other aggrieved person with the ND court that issued the child support order. If the child support order was issued by another state, the request for review must be filed with any ND court that has jurisdiction to enforce the other state's order. If no ND court has jurisdiction to enforce the other state's order, the request for review must be filed with any ND court with jurisdiction over the necessary parties. The request for review must be filed within 30 days of the administrative action. Execution (administrative or judicial): The obligor has 10 days after service of the notice of levy to claim exemptions. ND Child Support Deduction Orders: Obligor has 10 days to claim exemptions or seek an informal review from IV-D. In addition, the obligor and any other aggrieved person have 30 days to seek review from the court. The request for review must be filed with the ND court that issued the child support order. If the child support order was issued by another state, the request for review must be filed with any ND court that has jurisdiction to enforce the other state's order. If no ND court has jurisdiction to enforce the other state's order, the request for review must be filed with any ND court with jurisdiction over the necessary parties. |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
| Partially centralized; partially automated. System will identify likely cases and track timeframes. Workers will review case information, generate documents, and take appropriate actions. |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
| No |
| J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
| No |
| J5.16.1. If yes, what is the amount? |
| Not applicable |
| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
| Yes |
| J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. |
See N.D.C.C. sections 28-21-08 and 50-09-35. Stocks and bonds are subject to execution. Also, our statutory definition of "account" includes securities accounts and money market mutual fund accounts and the definition of "financial institution" includes insurance companies and securities intermediaries. Therefore, stocks and bonds may also be subject to seizure through ND Child Support Deduction Orders.
For Additional Information - No Link Provided |
| J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
Financial institutions: No. State: Depends on type of seize action. For administrative executions and ND Child Support Deduction Orders, IV-D must hold any funds collected until the protest period has expired.
For Additional Information - No Link Provided
|
| J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? |
Execution: Write of Execution is returnable to the court (if judicial execution) within 60 days of receipt by sheriff. ND Child Support Deduction Order: Financial institution must remit funds to IV-D within 7 business days of the date the order was served.
For Additional Information - No Link Provided |
| J6. Does your State withhold State funds or benefits? |
| Yes |
| J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both? |
| Worker's compensation and unemployment compensation benefits: Administrative or judicial. State Tax Refund Intercept: Administrative. |
| J7. Please describe any other administrative enforcement procedures your State may have. |
| Other administrative enforcement procedures include income withholding, license suspension, and lottery offset. |
| J8. Please describe any other judicial enforcement procedures your State may have. |
| Contempt of Court, criminal non-support statutes. |
| J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? |
State law determines specific filing requirements for certain types of personal property. N.D.C.C. ch. 35-34. A lien on a vehicle is filed with the ND Department of Transportation; a lien on a vessel is filed with the ND Secretary of State; a lien on other types of personal property may be filed with the County Recorder in the county in which the property is located or with the ND Secretary of State or with a third party who is in possession of the property; a lien on a financial account is filed with the financial institution in which the account is located. To file a lien against real property, a judgment for the amount of past-due child support must be docketed with the clerk of district court in the county in which the property is located. To docket a judgment, the creditor or creditor's assignee must file a written request accompanied by: 1. a verified statement of past-due support or certified copy of the payment records, and 2. an affidavit of identification of the judgment debtor.
For Additional Information - http://www.legis.nd.gov/cencode/t35c34.pdf |
| J10. Which of our State's enforcement remedies are available without registration? |
| Any administrative remedy. However, registration is strongly encouraged. |
| J11. Describe your State's registration and enforcement procedures. |
| Orders may be registered, under UIFSA, for enforcement. |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
| None |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
| Yes |
| J13.1. If yes, please provide the statutory citation. |
N.D.C.C. ch. 28-20.1
For Additional Information - http://www.legis.nd.gov/cencode/t28c201.pdf |
| J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? |
| No |
| J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
| The requesting state must send completed Transmittal #1, certified copy of the support order, notarized affidavit of arrears signed by the official record keeper in the other state, and bank account information. On the Transmittal #1, indicate that "Request is for bank levy action only, case to be closed after collection." |
| J15. Does your State use credit bureau reporting as an enforcement method? |
|
| J15. Does your State use credit bureau reporting as an enforcement method? |
| Yes |
| J16. Provide which credit bureaus your State report an obligor's child support information? |
| Innovis, Transunion, Experian, and Equifax |
| J16. Provide which credit bureaus your State report an obligor's child support information? |
|
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
|
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
| Administrative |
| J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? |
|
| J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? |
| Generally, when it is the initiating state. |
| J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? |
|
| J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? |
| Any past-due support owing (certain debts may be excluded). |
| K. Modification and Review/Adjustment |
|
|
| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
| In general, every three years. However, exceptions have been created for certain situations, provided it has been at least one year since the order was entered or it has been less than one year since the order was entered but there has been a change of circumstances. Refer to this link to ND IV-D's website for a complete list of exceptions: http://www.nd.gov/dhs/services/childsupport/progserv/review/ |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
| In TANF and foster care cases, orders are automatically selected for review at three-year intervals. In all other cases, orders are only reviewed upon written request of a party (i.e., either the custodial parent or the noncustodial parent). |
| K3. Briefly describe your State's modification procedure. |
| Upon the completion of the review, the parties are notified of the results. If the review has determined that a modification is appropriate, the parties are given an opportunity to stipulate. If parties do not stipulate to the modification, a motion is made to the court and a hearing may be held. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
| 15% change (upward or downward) - If the current order provides for child support payments in an amount less than 85%, or more than 115%, of the guideline amount. |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
|
| K5.1. The earnings of the obligor have substantially increased or decreased. |
| No |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
| No |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
| No |
| K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed. |
| No |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
| No |
| K5.6. There has been a substantial change in child care expenses. |
| No |
| K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? |
| The criteria for demonstrating a change in circumstances are not specifically defined (case-by-case determination), except that the following are considered material changes in circumstances under state law: child receiving public assistance, the availability of health insurance at reasonable cost, and the need to provide for a child's health care needs, through health insurance or other means. |
| K6. Does your State have cost of living adjustments (COLAs)? |
| No |
| K6.1. If so, what index does your State use? |
| Not applicable |
| K7. How does your State credit SSA disability to current and past due support? |
| Social Security dependent's benefits received by a child of the obligor on the obligor's account are treated as gross income to the obligor. A payment of dependent's benefits made to a child of the obligor who is not living with the obligor is credited as a payment toward the obligor's child support obligation for that child for the month the payment is intended to cover but may not be credited as a payment toward the obligation for any other month. |
| K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc. |
| No |
| K8.1. If yes, please explain the situation? |
| Not applicable |
| K8.2. What is the statutory citation for your abatement law? |
| For Additional Information - No Link Provided |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
| All referrals to ND IV-D from another state's IV-D program must be made on the federally mandated intergovernmental referral forms. The type of additional documentation required will depend on the type of service being requested. For example, if the request is for registration of another state's order, a sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of past-due support must be provided. |
| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
| To obtain a copy of the voluntary paternity acknowledgment, a written request must be forwarded to North Dakota's Vital Records agency. The written request must contain the following identifying information: child's name, child's date of birth, child's place of birth, and parents' names. The written request must be accompanied by a release of information signed by the minor child's parent or guardian. In addition, the individual requesting the copy must provide proof of identity in the form of a current driver's license or other photo ID. The written request, release of information, and requesting individual's proof of identity may be mailed or faxed to Vital Records. There is no charge for obtaining a copy of the voluntary paternity acknowledgment. To obtain a copy of a birth certificate, a Request for Certified Copy of Birth Record form (available on North Dakota Vital Records website at http://www.ndhealth.gov/vital/) must be completed and forwarded to North Dakota's Vital Records agency. The completed Request for Certified Copy of Birth Record form must be accompanied by a notarized release of information signed by the minor child's parent or guardian. In addition, the individual requesting the copy must provide proof of identity in the form of a current driver's license or other photo ID. There is a $7.00 fee for obtaining a copy of a birth certificate. The fee must accompany the Request for Certified Copy of a Birth Record. |
| K9. What information is required to register an out-of-State order for enforcement/modification? |
| Completed Transmittal #1, two copies (including one certified copy) of all orders to be registered, a notarized affidavit of arrears signed by the official record keeper in the other state, and completed Registration Statement. |
| L. Lump Sum Payments |
|
|
| L1. Does your State define a lump sum payment? |
| Yes |
| L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
| Lump sum payment includes pay in lieu of vacation or other leave, bonus, commission, and any other payment to an obligor but does not include periodic payments made on regular paydays as compensation for services or reimbursement for expenses incurred by the obligor on behalf of the income payer (employer). |
| L1.2 Provide the statutory citation. |
N.D.C.C. Section 14-09-09.34
For Additional Information - http://www.legis.nd.gov/cencode/t14c09.pdf |
| L2. Does your State law require employers to report lump sum payments? |
| Yes |
| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
N.D.C.C. Section 14-09-09.34
For Additional Information - http://www.legis.nd.gov/cencode/t14c09.pdf |
| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
| No |
| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
| An income payer (employer) who has been served with an income withholding order for an obligor that includes an amount for arrears must notify IV-D before making any lump sum payment of $1,000 or more to the obligor. |
| L4. How are employers instructed to report a pending lump sum? |
| Income payers (employers) to whom the lump sum reporting law applies are required to "notify" IV-D before making any lump sum payment of $1,000 or more to the obligor. No particular form of notification is mandated. |
| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
| 30 days |
| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
| Income payers (employers) to whom the lump sum reporting law applies may disburse one-half of the lump sum to the obligor and must hold the other one-half for 30 days or until authorized in writing by IV-D to pay the other one-half, whichever occurs first. Income payers (employers) must continue to hold the other one-half after the 30-day timeframe if the income payer (employer) has been notified that execution, garnishment, attachment, or other legal process has been initiated against the lump sum for child support arrears. |
| L7. Does your State use the income withholding order to attach the lump sum payment? |
| No |
| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
| Not applicable |
| L8. Does your State use the lien/levy process to attach the lump sum payment? |
| Yes |
| L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? |
| Writ of execution |
| L9. What other documents does your State use to attach lump sum payments? |
| Child Support Deduction order |
| L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
| No |
| L10.1 If yes, what are those limits? |
Not applicable
For Additional Information - No Link Provided
|
| L10.2 If no, what percentage is the employer required to withhold? |
| Income payers (employers) to whom the lump sum reporting law applies may disburse one-half of the lump sum to the obligor and must hold the other one-half for up to 30 days. During this 30 days, IV-D may attach the one-half being held in full or up to the amount needed to satisfy the arrears, whichever is less. |
| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
| No |
| L11.1 If yes, would the employer only withhold for that period's obligation? |
| Not applicable |
| M. Insurance Match |
|
|
| M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. |
| For Additional Information - http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf |
| M1.1. Additional information on the CCPA. |
| For Additional Information - http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm |
| M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? |
| No |
| M2.1. If yes, provide the statutory citation |
| For Additional Information - No Link Provided |
| M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency. |
| Not applicable |
| M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant. |
| Not applicable |
| M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)? |
| Not applicable |
| M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold. |
| Not applicable |
| M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant). |
| Not applicable |
| M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied). |
| Not applicable |
| M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. |
No
For Additional Information - No Link Provided |
| M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law? |
| Not applicable |
| M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? |
Yes. Legislation was introduced in 2009 that would have mandated an insurance match. The bill was amended. The final bill provides for a voluntary exchange of information.
For Additional Information - No Link Provided |
| M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs? |
| Yes |
| M3.1. Please provide the statutory citation. |
Subpoenas - NDCC 50-09-08.2 Liens - NDCC 35-34-06 Levies - (child support deduction orders) NDCC 5O-09-35 IWOs - NDCC 14-09-09.16
For Additional Information - http://www.legis.nd.gov/cencode/t35c34.pdf |
| M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy). |
| Instate workers compensation: Deduction order. Instate, other insurance settlements: Miscellaneous Statutory Lien MSL-1 form followed by a written demand to surrender property. As an alternative to a written demand, CSE may pursue either judicial or administrative execution against the property. Out of state: Federally mandated Notice of Lien form followed by written demand to surrender property. As an alternative to the written demand CSE may send a referral to the CSE program in the other state asking them to enforce. |
| M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? |
| Child Support Enforcement |
| M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. |
Child Support deduction order (workers compensation) NDCC-50-09-35 Lien (other insurance settlements) NDCC 35-34-06
For Additional Information - http://www.legis.nd.gov/cencode/t35c34.pdf |
| M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation. |
Yes, 30 days. NDCC-50-09-14(2)
For Additional Information - http://www.legis.nd.gov/cencode/t50c09.pdf |
| M6. Are there attorney fees associated with the insurance intercept activity? |
| No |
| M7. How does another State initiate and intercept collections from your State Workers Compensation agency? |
| Recurring payments - through income withholding orders Lump sum payments - through making an intergovernmental referral to North Dakota IV-D |
| M7.1. What is the process, the points of contact, and what forms must be completed? |
| For recurring payments, another state IV-D agency can issue a direct income withholding to ND Workforce Safety & Insurance. For lump sums - The requesting state must send completed Transmittal #1, certified copy of the support order, notarized affidavit of arrears signed by the official record keeper in the other state, and information regarding workers compensation benefits. On the Transmittal #1, indicate that "Request is for workers compensation levy action only, case to be closed after collection." |
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