14-08.1 Civil Remedies for Child Support
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<![CDATA[CHAPTER 14-08.1CIVIL REMEDIES FOR CHILD SUPPORT14-08.1-01. Liability for support. A person legally responsible for the support of a childunder the age of eighteen years who is not subject to any subsisting court order for the support of<br>the child and who fails to provide support, subsistence, education, or other necessary care for the<br>child, regardless of whether the child is not or was not in destitute circumstances, is liable for the<br>reasonable value of physical and custodial care or support which has been furnished to the child<br>by any person, institution, agency, or county social service board.Any payment of publicassistance money made to or for the benefit of any dependent child creates a presumption that<br>such payment equals the reasonable value of physical and custodial care or support.14-08.1-01.1. Definitions. Terms defined in chapter 14-09 have the same meaningwhen used in this chapter.14-08.1-02. Procedure for action. An obligation for the support of a child under section14-08.1-01 may be asserted by a civil action. The action may be commenced in the district court<br>of the county wherein the child or the defendant resides or may be found, or wherein the<br>defendant has assets subject to attachment, garnishment, or execution.14-08.1-03.Security required - Enforcement remedies.In order to enforce anobligation for the support of a child under section 14-08.1-01, the court may make suitable<br>provision for the future care or support of the child, require reasonable security for payments<br>required under this chapter, and enforce the obligation by attachment, garnishment, or by other<br>appropriate remedies, including proceedings under chapter 14-08 as nearly as may be.14-08.1-04. Duty of state's attorney. Upon request of the county social service boarddirector or the executive director of the department of human services, the state's attorney of any<br>county furnishing public assistance or county general assistance shall commence any<br>appropriate action or proceeding under sections 14-08.1-02 and 14-08.1-03, in which case fees<br>for filing and service of process may not be charged or collected.14-08.1-05. Support order to be judgment.1.Any order directing any payment or installment of money for the support of a child is,<br>on and after the date it is due and unpaid:a.A judgment by operation of law, with the full force, effect, and attributes of a<br>judgment of the district court, and must be entered in the judgment docket,<br>upon filing by the judgment creditor or the judgment creditor's assignee of a<br>written request accompanied by a verified statement of arrearage or certified<br>copy of the payment records maintained under section 50-09-02.1 and an<br>affidavit of identification of the judgment debtor, and otherwise enforced as a<br>judgment;b.Entitled as a judgment to full faith and credit in any jurisdiction which otherwise<br>affords full faith and credit to judgments of the district court; andc.Not subject to retroactive modification.2.The due and unpaid payments and any judgment entered in the judgment docket<br>pursuant to this section are not subject to the statutes of limitation provided in<br>chapter 28-01. Such judgments may not be canceled pursuant to section 28-20-35.<br>For such judgments, the duration of a lien under section 28-20-13 and the period<br>during which an execution may be issued are not subject to the time limitations in<br>chapters 28-20 and 28-21.Page No. 13.Failure to comply with the provisions of a judgment or order of the court for the<br>support of a child constitutes contempt of court. All remedies for the enforcement of<br>judgments apply. A party or the party's assignee may also execute on the judgment,<br>and the obligor is entitled only to the exemptions from process set forth in section<br>28-22-02.4.This section applies to all child support arrearages, whether accrued before or after<br>July 1, 1997.14-08.1-05.1. Past-due support - Plan of payment - Work activities.1.In any case in which an individual owes past-due child support, the court may, by<br>order, require the individual to:a.Pay past-due support in accordance with a plan approved by the court or the<br>child support agency;b.If the individual is subject to such a plan and is not incapacitated, to participate<br>in such work activities as the court deems appropriate; andc.Participate in treatment for mental illness or drug or alcohol dependency.2.For purposes of this section, "work activities" may include:a.Unsubsidized employment;b.Subsidized private sector employment;c.Subsidized public sector employment;d.Work experience, including work associated with the refurbishing of publicly<br>assisted housing, if sufficient private sector employment is not available;e.On-the-job training;f.Job search and job readiness assistance;g.Community service programs;h.Career and technical education training, not to exceed twelve months with<br>respect to any individual;i.Job skills training directly related to employment;j.Education directly related to employment, in the case of an individual who has<br>not received a high school diploma or a certificate of high school equivalency;k.Satisfactory attendance at secondary school or in a course of study leading to a<br>certificate of general equivalence, in the case of an individual who has not<br>completed secondary school or received such a certificate;l.The provision of child care services to an individual who is participating in a<br>community service program; andm.Postsecondary education and any other activity permitted or required to be<br>treated by the federal government as work for purposes of calculating a work<br>participation rate.Page No. 214-08.1-06. Suspension of occupational, professional, or recreational license fornonpayment of child support or failure to obey subpoena. When considering a contempt<br>citation against a child support obligor who is in arrears in child support in an amount greater<br>than three times the monthly child support obligation and the obligor is not current in a<br>court-established plan to repay the unpaid child support arrears, or who has failed, after receiving<br>appropriate notice, to comply with a subpoena relating to a paternity or child support matter, the<br>court shall address and make specific findings on the issue of whether the obligor has or may<br>obtain an occupational, professional, or recreational certificate, permit, or license that the court<br>may withhold or suspend. The court may withhold or suspend any certificate, permit, or license<br>issued by or on behalf of the state or any of its licensing authorities or occupational or<br>professional boards, which the obligor is required to obtain prior to engaging in the obligor's<br>occupation or profession. The court may withhold or suspend any certificate, permit, or license<br>issued by lottery or by tag by the director of the game and fish department, which the obligor is<br>required to obtain prior to engaging in a recreational activity. Following a decision to withhold or<br>suspend an obligor's certificate, permit, or license for failure to pay child support, the court shall<br>notify the obligor that the decision becomes final thirty days after the notification unless the<br>obligor satisfies or makes arrangements to pay the entire outstanding payment due. Following a<br>decision to withhold or suspend an obligor's certificate, permit, or license for failure to comply<br>with a subpoena relating to a paternity or child support matter, the court shall notify the obligor<br>that the decision becomes final unless the obligor complies with the subpoena within a time set<br>by the court. The court shall notify the appropriate licensing authority, occupational or<br>professional board, or the director of the game and fish department of the court's decision to<br>withhold or suspend an obligor's certificate, permit, or license. A certificate, permit, or license<br>withheld or suspended by an order issued under this section may be reissued only by order of<br>the court. An appeal by an obligor who has had a certificate, permit, or license suspended under<br>this section is an appeal from the court's order and may not be appealed to the licensing<br>authority, occupational or professional board, or the director of the game and fish department.14-08.1-07.Suspension of motor vehicle operator's license for nonpayment ofchild support or failure to obey subpoena. When considering a contempt citation against a<br>child support obligor who is in arrears in child support in an amount greater than three times the<br>monthly child support obligation and the obligor is not current in a court-established plan to repay<br>the unpaid child support arrears, or who has failed, after receiving appropriate notice, to comply<br>with a subpoena relating to a paternity or child support matter, the court shall determine whether<br>the obligor has a motor vehicle operator's license issued under chapter 39-06. The court may<br>restrict or suspend a motor vehicle operator's license issued by the state which is held by the<br>obligor. The court shall notify the department of transportation of the court's decision to restrict or<br>suspend an obligor's motor vehicle operator's license. An appeal by an obligor who has had a<br>motor vehicle operator's license restricted or suspended under this section is an appeal from the<br>court's order and may not be appealed to the department of transportation. Except for statistical<br>purposes, an entry on the driving record or abstract of a restriction or suspension under this<br>section after the restriction or suspension ceases may not be available to the public other than by<br>order of a court of competent jurisdiction. A suspension under this section is not subject to the<br>financial responsibility reporting requirements.14-08.1-08. Certification of records. The clerk of court and any authorized agent of thechild support agency, in any circumstance or proceeding requiring proof of the contents of the<br>official records of the state regarding any information maintained in the state case registry of the<br>automated data processing system established under section 50-09-02.1, may certify the content<br>of those records.A certification provided under this section is prima facie evidence of thecontents of those records.Page No. 3Document Outlinechapter 14-08.1 civil remedies for child support]]>