Section 14-09-09.30 – Monthly amount due

May 14, 2021 | Family Law, North Dakota

1. If there is a current monthly support obligation, the total amount of child support due in each month for purposes of income withholding is the sum of the obligor’s current monthly support obligation; and

a. The amount the obligor is ordered to pay toward any outstanding arrearage; or
b. If no order to repay an arrearage exists, an amount for application to any arrearage equal to twenty percent of the obligor’s current monthly support obligation; or
2. If there is no current monthly support obligation, the total amount of child support due in each month for purposes of income withholding is:

a. Unless either subdivision b or c applies, an amount equal to the greater of:

(1) The amount the obligor is ordered to pay toward any outstanding arrearage; or
(2) The sum of the obligor’s most recent monthly support obligation and twenty percent of the obligor’s most recent monthly support obligation;
b. An amount the obligor is ordered to pay toward an arrearage or, if no order to repay an arrearage exists, an amount equal to twenty percent of the obligor’s most recent monthly support obligation, if the supported child resides with the obligor pursuant to a court order; or
c. An amount the obligor is ordered to pay toward an arrearage if that amount is included in an order issued when there is no current monthly support obligation.
3. The total amount of child support due in each month under this section for purposes of income withholding may be increased at the request of the obligor to repay an arrearage or by agreement with the child support agency.

N.D.C.C. § 14-09-09.30

Amended by S.L. 2015, ch. 126 (HB 1111),§ 8, eff. 8/1/2015.