Section 14-09-08.1 – [Effective 7/1/2021] Support payments – Payment to state disbursement unit – Transfer of proceedings for enforcement of decree – Procedures upon failure to pay
1. In any action in which a court orders that payments for child support be made, the court shall provide in its order that the payments be paid to the state disbursement unit for remittance to the obligee.2.a. Each party subject to the order shall immediately inform the state disbursement unit of the party’s:
(1) Social security number;(2) Residential and mailing addresses and any change of address;(3) Telephone number;(4) Motor vehicle operator’s license number;(5) Employer’s name, address, and telephone number;(6) Electronic mail address; and(7) Change of any other condition which may affect the proper administration of this chapter.b. Each order for payment of child support must notify each party of the requirements in subdivision a and require the party to provide the information within ten days from the date of the order or ten days after any change in the information.c. In any subsequent child support enforcement or modification action between the parties, upon sufficient showing that diligent effort has been made to ascertain the location of a party, the court shall deem due process requirements for notice and service to have been met, with respect to the noticed party, by delivery of written notice to the most recent residential or employer address provided by the noticed party pursuant to this subsection.d. The requirements of this subsection continue in effect until all child support obligations have been satisfied with respect to each child subject to the order.3. Whenever there is failure to make the payments as required, the clerk of court, upon request of the obligee or child support agency, shall send notice of the arrears by first-class mail, with affidavit of service, to the person required to make the payments, or request a district judge of the judicial district to issue a citation for contempt of court against the person who has failed to make the payments. The citation may be served on that person by first-class mail with affidavit of service to the person’s last-known address.4. The court of its own motion or on motion of the child support agency or the state’s attorney of the county of venue, the county of the recipient’s residence, or the county of the obligor’s residence may cause a support order in the action to be transcribed and filed with the clerk of the district court of any county in this state in which the obligee or the obligor may reside from time to time. Thereafter, this section applies as if the support order were issued by the district court of the county to which the support order is transcribed. No fee may be charged for transcribing or filing a support order under this section.
N.D.C.C. § 14-09-08.1
Amended by S.L. 2021, ch. TBD (SB 2002),§ 6, eff. 7/1/2021.Amended by S.L. 2019, ch. 127 (SB 2115),§ 2, eff. 7/1/2019.This section is set out more than once. See also Section 14-09-08.1, effective until 7/1/2021.
