Section 14-09-08.16 – Requests for information from income payer

May 14, 2021 | Family Law, North Dakota

1. The child support agency may mail a request for information to the income payer in any matter in which it secures reliable information that the income payer may be indebted to an obligor. The request must identify the obligor by name, and, if known, address and social security number.
2. Within ten days after receipt of a request for information issued under subsection 1, an income payer shall provide the requester with a written statement informing the requester whether or not the income payer is, or within the one hundred eighty days immediately preceding receipt of the request has been, an income payer with respect to that obligor. If the income payer is, or within the previous one hundred eighty days has been, an income payer with respect to that obligor, the income payer shall furnish information to the requester, including:

a. The amount of any income currently paid to the obligor, calculated on a monthly basis;
b. The total amount of income paid to the obligor in the twelve months preceding the month in which the request is received;
c. Information regarding any health insurance that may be made available to the obligor’s children through the income payer;
d. The social security number under which payment of any income by the income payer to the obligor is reported;
e. The obligor’s address; and
f. If the income payer is no longer an income payer with respect to that obligor, the date of last payment and any forwarding address.
3. Any income payer failing to comply with any requirements of this section may be punished for contempt of court. The court shall first afford such income payer a reasonable opportunity to purge itself of contempt.
4. A proceeding against an income payer under this section may be commenced upon motion by the child support agency and must be commenced within ninety days after the income payer’s act or failure to act upon which such proceeding is based.

N.D.C.C. ยง 14-09-08.16