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Child Support Division

Employers: Request for Information by Child Support Division

Sanctions

Employers who fail to comply with requests for information are subject to sanctions set by state law. N.D.C.C. § 14-09-08.16(3) and N.D.C.C. § 50-09-08.2(5)

14-09-08.16. Requests for information from income payer

  1. A child support agency or the public authority may mail a request for information to the income payer in any matter in which it secures reliable information that the income payer may be indebted to an obligor. The request must identify the obligor by name, and, if known, address and social security number.
  2. Within ten days after receipt of a request for information issued under subsection 1, an income payer shall provide the requester with a written statement informing the requester whether or not the income payer is, or within the one hundred eighty days immediately preceding receipt of the request has been, an income payer with respect to that obligor. If the income payer is, or within the previous one hundred eighty days has been, an income payer with respect to that obligor, the income payer shall furnish information to the requester including:
    1. The amount of any income currently paid to the obligor, calculated on a monthly basis;
    2. The total amount of income paid to the obligor in the twelve months preceding the month in which the request is received;
    3. Information regarding any health insurance that may be made available to the obligor's children through the income payer;
    4. The social security number under which payment of any income by the income payer to the obligor is reported;
    5. The obligor's address; and
    6. If the income payer is no longer an income payer with respect to that obligor, the date of last payment and any forwarding address.
  3. Any income payer failing to comply with any requirements of this section may be punished for contempt of court. The court shall first afford such income payer a reasonable opportunity to purge itself of contempt.
  4. A proceeding against an income payer under this section may be commenced upon motion by a child support agency or the public authority and must be commenced within ninety days after the income payer's act or failure to act upon which such proceeding is based.

50-09-08.2. Power of state agency, child support agency, and employees and agents

  1. In implementing programs under title IV-D, the state agency, the child support agencies, and the officials, employees, and agents of such agencies may:
    1. Conduct examinations;
    2. Require by subpoena the attendance of witnesses and the production of books, records, and papers;
    3. Compensate witnesses and individuals producing books, records, including records maintained in automated data bases, and papers in amounts determined by the state agency, not to exceed actual reasonable costs incurred;
    4. Impose a fiscal sanction of no more than twenty-five dollars for each day against a person who fails to attend as a witness or produce books, records, or papers;
    5. Require genetic testing of appropriate individuals when necessary in disputed paternity cases, to determine the relationship of parent and child, and:
      1. Pay the costs of such testing, subject to recoupment from the alleged father if paternity is established; and
      2. Obtain additional testing in any case if an initial test result is contested, upon request and advance payment by the contestant;
    6. Make application to the district court to compel participation in genetic testing, the attendance of witnesses, the production of books, records, and papers, and the payment of fiscal sanctions imposed under this section;
    7. Notwithstanding any provision of law making the records confidential, obtain access, including automated access in the case of records maintained in automated data bases, to:
      1. Records of other state and local government agencies, including:
        1. Vital statistics, including records of marriage, birth, and divorce;
        2. Local tax and revenue records, including information on residence address, employer, income, and assets;
        3. Records concerning real and titled personal property;
        4. Records of occupational and professional licenses and records concerning the ownership and control of corporations, partnerships, and other business entities;
        5. Employment security records;
        6. Workforce safety and insurance records identifying the last-known address of a person who owes or who is owed support, the wage-loss benefits, permanent partial impairment benefits, death benefits, or additional benefits that person has received or is entitled to receive from the organization, and whether and where that person is currently employed;
        7. Records of all agencies administering public assistance programs;
        8. Records of the department of transportation;
        9. Corrections records;
        10. Law enforcement records; and
        11. Subject to an agreement with the state tax commissioner, state tax and revenue records, including information on residence address, employer, income, and assets; and
      2. Certain records held by private entities with respect to individuals who owe or are owed child support, or against or with respect to whom a child support obligation is sought, consisting of:
        1. The names and addresses of such individuals and the names and addresses of the employers of such individuals, as appearing in customer records of public utilities and cable television companies; and
        2. Information on assets and liabilities on those individuals held by financial institutions;
    8. Enter into agreements with financial institutions doing business in the state, and with the assistance, or through the agency, of the secretary, with financial institutions doing business in two or more states:
      1. To develop and operate, in coordination with those financial institutions, a data match system, using automated data exchanges to the maximum extent feasible, in which each such financial institution is required to provide in each calendar quarter the name, record address, social security number or other taxpayer identification number, and other identifying information for each noncustodial parent who maintains an account at such financial institution and who owes past-due support, as identified by the state agency by name and social security number or other taxpayer number; and
      2. Under which such financial institution, in response to a notice of lien or an execution, will encumber or surrender, as the case may be, assets held by such institution on behalf of any noncustodial parent who is subject to a lien for unpaid child support;
    9. For purposes of locating parents or alleged parents of children receiving services under title IV-D, provide all federal and state agencies conducting activities under title IV-D with access to:
      1. Records of the department of transportation; and
      2. Law enforcement records; and
    10. Notwithstanding any provision of law making the records confidential:
      1. Provide access to information identifying the amount of payment necessary to obtain the release of a lien taken by the state agency in any property to secure the payment of child support; and
      2. Upon payment of a sufficient amount, satisfy and release that lien.
  2. All information received under this section, if confidential under some other provision of law, is subject to the penalties under section 50-06-15 and is confidential, except that the information may be used in the administration of any program administered by or under the supervision and direction of the department and as specifically authorized by the rules of the department. Any information received under this section, if not subject to section 44 04 18 and section 6 of article XI of the Constitution of North Dakota in the possession of the person providing the information, is exempt from section 44-04-18 and section 6 of article XI of the Constitution of North Dakota. Any person acting under the authority of the state agency who pursuant to this subsection obtains information from the office of the state tax commissioner, the confidentiality of which is protected by law, may not divulge such information except to the extent necessary for the administration of the child support enforcement program or when otherwise directed by judicial order or otherwise provided by law.
    1. As provided in title IV-D, a person is immune from suit or any liability under any federal or state law:
      1. For any disclosure of information, in any form, made under this section, to the state agency, a county agency, or an official, employee, or agent of either;
      2. For encumbering or surrendering any assets held by a financial institution in response to a notice of lien or an execution issued by the state agency as provided in section 28-21-05.2 and chapter 35-34; or
      3. For any other action taken in good faith to comply with the requirements of this section.
    2. The court shall award reasonable attorney's fees and costs against any person who commences an action that is subsequently dismissed by reason of the immunity granted by this section.
  3. The officers and employees designated by the county agencies or the state agency may administer oaths and affirmations.
  4. All employing or contracting entities within this state, including for-profit, nonprofit, and governmental employers, shall provide information on the employment, compensation, and benefits of any individual employed by such entity as an employee or contractor within ten days of a request made under subsection 1 or made by the agency of any other state charged with administration of programs under title IV-D. An entity that receives a request for which a response is required by this section is subject to a fiscal sanction of twenty-five dollars for each day, beginning on the eleventh day after the request is made and not complied with.

 

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