Child Support Enforcement (CSE)
Services: Interest Charges On Child Support Obligations
N.D.C.C. § 14-09-25. State disbursement unit - Duties - Continuing appropriation
6. Notwithstanding section 28-20-36, the state disbursement unit shall disburse collected child support payments in conformity with title IV-D of the Social Security Act [Pub. L. 93-647; 88 Stat. 2351; 42 U.S.C. 651 et seq.]. Any disbursement made in error is not a gift and must be repaid. The public authority may take any action not inconsistent with law to secure repayment of any disbursement made in error. Interest accrued on an unpaid child support obligation is child support. To the extent consistent with the requirements of title IV-D, a payment received with respect to a child support arrearage must first be applied to accrued interest on the earliest arrearage, and then to the principal of that arrearage. The public authority may calculate judgment interest accrued only on child support obligations that first became arrearages after July 1, 2002. The public authority shall enter in its records judgment interest on child support obligations that first became arrearages on or before July 1, 2002, only if a court has ordered the interest amount calculated by some individual or entity other than the public authority and approved the calculated amount. For purposes of this subsection, arrearage means an unpaid child support obligation that was due in a month prior to the current month.
Top of page 
Back to previous page
