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Child Support Division

Employers: Income Withholding

North Dakota Century Code

14-09-09.24. Immediate income withholding.

  1. Except as provided in subsection 2 or 3, each judgment or order which requires the payment of child support, issued or modified on or after January 1, 1990, subjects the income of the obligor to income withholding, regardless of whether the obligor's support payments are delinquent.
  2. If a party to a proceeding, who would otherwise be subject to immediate income withholding under subsection 1, demonstrates, and the court finds that there is good cause not to require immediate withholding, or if the parties, including any assignee of support rights, reach a written agreement that provides for an alternative arrangement for assuring the regular payment of child support, the court need not subject the income of the obligor to immediate withholding.
  3. If an obligor, who would otherwise be subject to immediate income withholding under subsection 1 in at least one case in which services are being provided by a child support agency under title IV-D, demonstrates, and a child support agency finds there is good cause not to require immediate income withholding, the child support agency may enter into a written agreement with an obligor that provides for an alternate payment arrangement in lieu of immediate income withholding. Notwithstanding section 14-09-09.13, any failure to comply with an agreement under this subsection subjects the income of the obligor to income withholding under this section. Any obligee aggrieved by a finding of a child support agency under this subsection may seek review of the finding under subsection 2 of section 50-09-14.
  4. A finding that there is good cause not to require immediate income withholding under subsection 2 or 3 must be based on at least:
    1. A written determination that, and an explanation of why, implementing immediate income withholding would not be in the best interests of the child;
    2. Proof of timely payment of previously ordered support; and
    3. A requirement that the obligor keep the clerk and the public authority informed of any employment-related health insurance to which the obligor has access.
  5. A written agreement for an alternative arrangement for assuring the regular payment of child support is effective only if the agreement at least, in addition to other conditions the parties agree to:
    1. Provides that the obligor shall keep the clerk and the public authority informed of any employment-related health insurance to which the obligor has access;
    2. Describes the provisions by which regular payment of child support is assured; and
    3. Is reviewed and approved by the court and entered into the court's records.

 

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