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Child Support Division

Employers: Income Withholding

North Dakota Century Code

14-09-09.14. Hearing upon obligor's request.

  1. If the obligor files a request for a hearing within ten days of the date of the notice made pursuant to section 14-09-09.13, the court shall hold a hearing within ten working days after the date of the request.
    1. The court may order that the income withholding order be withdrawn if at the hearing the obligor establishes:
      1. In a case where withholding would be based on an alleged delinquency, that there has been a mistake in the identity of the obligor; or
      2. In a case where an approved request for withholding has been made by the obligee, that the approval of the request constituted an abuse of discretion.
    2. If at the hearing the obligor establishes that there is an overstatement in the amount of support stated to be owed by the obligor, the court may amend the amount to be withheld.
    3. In the absence of a finding of a mistake of fact in a case where withholding would be based on an alleged delinquency, or in the absence of an abuse of discretion in the approval of an obligee's request for withholding, the court shall confirm the income withholding order. Payment of past-due support after issuance of notice under section 14 09 09.13 may not be the basis for an order that the income withholding order be withdrawn.
  2. An obligor is not precluded, by subsection 1, from seeking appropriate relief from a judgment or order affecting a child support obligation nor is the court precluded from granting such relief. An obligor's request for such relief, whether made by motion under rule 60(b) of the North Dakota Rules of Civil Procedure or otherwise, may not be considered during the hearing described in subsection 1.

 

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