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Section 14-09-09.13 – Procedure – Notice to obligor

May 14, 2021 | Family Law, North Dakota

If immediate income withholding under section 14-09-09.24 has not been implemented and an obligor is delinquent, if an obligee’s request for income withholding is approved, or if a court changes its finding that there is good cause not to require immediate income withholding, the child support agency shall serve the notice required under this section upon the obligor whenever issuing an income withholding order. The notice must state:

1. That the obligor is delinquent in the payment of child support, that a request for withholding has been made by the obligee and approved by the child support agency, or that there is no longer good cause not to require immediate income withholding, as the case may be, and the obligor is therefore subject to an income withholding order on all income.
2. The amount of child support owed and the amount of arrearage, if any.
3. The total amount of money that will be withheld by the income payer from the obligor’s income in each month as determined under section 14-09-09.30.
4. That the income payer may withhold an additional sum of three dollars to cover the income payer’s expenses.
5. That the income withholding order has been issued without further order of the court.
6. That the obligor may contest the issuance of the income withholding order by filing a written request for hearing within ten days of the date of the notice made under this section.
7. That if the obligor contests the income withholding order pursuant to section 14-09-09.14, a hearing will be held and the court will determine and issue an order consistent with the requirements of section 14-09-09.14.
8. That the income withholding order applies to any current or subsequent income payer or period of employment.

N.D.C.C. ยง 14-09-09.13