1. A monthly support obligation established under any provision of this code and in effect after December 31, 2017, expires by operation of law upon incarceration of the obligor under a sentence of one hundred eighty days or longer, excluding credit for time served before sentencing.2. Notwithstanding subsection 1, a monthly support obligation may be established for an obligor who is incarcerated under a sentence of one hundred eighty days or longer if the obligation is based on actual income of the obligor and the moving party makes a prima facie showing that the obligor’s income exceeds the minimum amount provided in the guidelines established under section 14-09-09.7.3. As used in this section, “incarceration” means placement of an obligor in a custodial setting in which the obligor is not permitted to earn wages from employment outside the correctional facility, and does not include probation or work release.4. The expiration of a monthly support obligation under subsection 1 does not affect any past-due support that is owed before the expiration of the obligation.
N.D.C.C. § 14-09-09.38
Added by S.L. 2017, ch. 119 (SB 2277),§ 1, eff. 8/1/2017.This section is set out more than once. See also Section 14-09-09.38, effective 8/1/2021.
