Child Support Division
Employers: Income Withholding
North Dakota Century Code
14-09-09.16. Service of income withholding order on income payer.
- The public authority shall serve the income withholding order on the income payer by first-class mail or in any other manner agreed to by the income payer, and upon the obligor by first-class mail to the obligor's last-known address.
- If the obligor is subject to immediate income withholding under section 14-09-09.24, an income withholding order must be served on any known income payer within two business days of the date of receipt of information necessary to carry out income withholding. Subject to the provisions of section 14-09-09.17, if service of an income withholding order has been or may have been properly made under this section, an income withholding order must be served on any subsequently identified income payer within two business days of the date of receipt of information necessary to carry out income withholding.
- An income withholding order may also be issued and served at the request of the obligor.
- The income payer shall withhold a stated amount, determined under section 14 09 09.30, from the obligor's income at the time the obligor is paid for transmittal to the public authority within seven business days of the date the obligor is paid, together with a report of the date upon which the amount was withheld from the obligor's income.
- The income payer may also withhold and retain an additional sum of three dollars per month from the obligor's income to cover expenses involved in transmitting payment.
- The amount to be withheld, including amounts to cover expenses involved in transmitting payment, may not exceed fifty percent of the obligor's disposable income from this income payer, but a payment of an amount less than the ordered amount must be accompanied by a written calculation disclosing any of the obligor's income and disposable income which is payable by the income payer.
- The income payer shall begin withholding no later than the first payday that occurs after service of the income withholding order.
- If the income payer is served with more than one income withholding order issued under this chapter on a single obligor and the combined total amount to be paid under the income withholding orders exceeds fifty percent of the obligor's disposable income, the income payer shall withhold the maximum amount permitted and transmit to the public authority that portion thereof which the obligee's claim bears to the combined total of all claims.
- The income payer shall notify the public authority in writing of the termination of a duty to pay income to the obligor within seven business days of the termination. The notification must include the name and address of the obligor's subsequent income payer, if known.
- If the income payer is subject to income withholding orders for more than one obligor, the income payer may combine in a single payment the amounts for all obligors who have been ordered to pay the public authority with identification of the amount attributed to each obligor.