48 chapters · 709 sections in this title.
N.D.C.C. § 14-09-09.33 Offsets of child support
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1. Notwithstanding section 14-09-09.31, a court may order that a specific amount of child support owed by an obligor to an obligee be offset by an equal amount of child support or other debts owed to the obligor by the obligee. An order for an offset is permitted under this subse…
N.D.C.C. § 14-09-09.34 Lump sum payments
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1. An income payer who has been served with an income withholding order issued under section 14-09-09.15 for an obligor which includes an amount for past-due support shall notify the child support agency before making any lump sum payment of one thousand dollars or more to the ob…
N.D.C.C. § 14-09-09.35 Transfers of funds for payment of child support
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If a court determines that income withholding under this chapter is inapplicable, ineffective, or insufficient to ensure monthly payment of child support as determined under section 14-09-09.30, a court may, and upon request of a child support agency shall, order an obligor to id…
N.D.C.C. § 14-09-09.36 Fee for child support services
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Any annual fee for child support services imposed by the child support agency under section 50-06.3-02 to conform with title IV-D of the Social Security Act [Pub. L. 93-647; 88 Stat. 2351; 42 U.S.C. 651 et seq.] shall be imposed on the obligee. The amount of the fee in a case whi…
N.D.C.C. § 14-09-09.37 Allocation of tax exemption for the child
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Repealed by S.L. 2019, ch. 127, § 8.
N.D.C.C. § 14-09-09.38 Child support obligation of incarcerated parents
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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 sentenc…
N.D.C.C. § 14-09-09.39 Income withholding - Information provided to obligor
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If a new or amended child support order is issued by a court in a case enforced by a child support agency, the child support agency shall inform the obligor of the possibility the income withholding date may not align with the child support order date and of any affirmative steps…
N.D.C.C. § 14-09-09.5 Child support - Judgment or order as lien on property - Duration - Effect
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Repealed by S.L. 1981, ch. 172, § 1.
N.D.C.C. § 14-09-09.6 Voluntary income withholding for support - Limitations
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An obligor may execute a document voluntarily authorizing income withholding from current or future income due the obligor from an income payer in an amount sufficient to meet any child support obligation imposed by a court or otherwise. An income withholding authorization made u…
N.D.C.C. § 14-09-09.7 Child support guidelines
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1. The department of health and human services shall establish child support guidelines to assist courts in determining the amount a parent should be expected to contribute toward the support of the child under this section. The guidelines must: a. Include consideration of gross …
N.D.C.C. § 14-09-09.8 Out-of-state wage withholding orders - Filing requirements
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Repealed by S.L. 1987, ch. 183, § 16.
N.D.C.C. § 14-09-09.9 Effect of filing out-of-state wage withholding order
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Repealed by S.L. 1987, ch. 183, § 16.
N.D.C.C. § 14-09-10 Reciprocal duty of support for health services - Support of poor
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1. Each parent and every adult child of an adult who is unable to support oneself shall maintain that adult to the extent of the ability of each. 2. Except as provided under subsection 3, a creditor may not recover under this duty of support unless the: a. Recovery sought by a cr…
N.D.C.C. § 14-09-11 Allowance to parent for support of child
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The district court may direct an allowance to be made to a parent of a child out of its property for its past or future support and education on such conditions as may be proper, whenever such direction is for its benefit.
N.D.C.C. § 14-09-12 Support - Liability of parent's estate
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If a parent chargeable with the support of a child dies leaving it chargeable upon the human service zone and leaving an estate sufficient for its support, the department of health and human services, in the name of the human service zone, may claim provision for its support from…
N.D.C.C. § 14-09-13 Neglect of child - Parent liable to third person
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If a parent neglects to provide articles necessary for that parent's child who is under that parent's charge, according to that parent's circumstances, a third person in good faith may supply such necessaries and recover the reasonable value thereof from the parent.
N.D.C.C. § 14-09-14 When parent not liable for support of child
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Repealed by S.L. 1999, ch. 141, § 25.
N.D.C.C. § 14-09-15 Support of children after majority
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When a child, after attaining majority, continues to serve and to be supported by the parent, neither party is entitled to compensation in the absence of an agreement therefor.
N.D.C.C. § 14-09-16 Control of property of child
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The parent, as such, has no control over the property of the child.
N.D.C.C. § 14-09-17 Child's earnings - Relinquished by parent
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The parent, whether solvent or insolvent, may relinquish to the child the right of controlling the child and receiving the child's earnings. Abandonment by the parent is presumptive evidence of such relinquishment.
N.D.C.C. § 14-09-18 Wages of minors
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The wages of a minor employed in service may be paid to the minor until the parent or guardian entitled thereto gives the employer notice that the parent or guardian claims such wages.
N.D.C.C. § 14-09-19 Parental abuse
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The abuse of parental authority is the subject of judicial cognizance in a civil action in the district court brought by the child, or by relatives of the child within the third degree, or by the human service zone of the county where the child resides, and when the abuse is esta…
N.D.C.C. § 14-09-20 When parent's authority ceases
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The authority of a parent ceases: 1. Upon the appointment by a court of a guardian of the person of a child; 2. Upon the marriage of a child; or 3. Upon the child attaining majority.
N.D.C.C. § 14-09-21 Parent and child not liable for acts of other
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Neither parent nor child is answerable as such for the act of the other.
N.D.C.C. § 14-09-22 Abuse of child - Mandatory sentence - Penalty
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1. Except as provided in subsection 2 or 3, a parent, adult family or household member, guardian, or other custodian of any child, who willfully inflicts or allows to be inflicted upon the child mental injury or bodily injury, substantial bodily injury, or serious bodily injury a…
N.D.C.C. § 14-09-22.1 Neglect of child - Penalty
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A parent, adult family or household member, guardian, or other custodian of any child, who willfully commits any of the following offenses is guilty of a class C felony: 1. Fails to provide proper parental care or control, subsistence, education as required by law, or other care …
N.D.C.C. § 14-09-23 Full faith and credit for paternity determinations
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In any proceeding in which paternity or nonpaternity of a child is alleged, full faith and credit must be given to a determination of paternity by another state, made before a determination of paternity under the laws of this state, whether established through voluntary acknowled…
N.D.C.C. § 14-09-24.1 Parenting time - Interference - Penalty
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1. Unless a party shows by clear and convincing evidence that additional parenting time should not be ordered, if the court finds one parent intentionally interfered with the other parent's court-ordered parenting time, the court shall order additional parenting time to the paren…
N.D.C.C. § 14-09-25 State disbursement unit - Duties - Continuing appropriation
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1. The child support agency shall establish a state disbursement unit for the collection and disbursement of payments of child support. The state disbursement unit is responsible for the collection and disbursement of all payments under child support orders. 2. The child support …
N.D.C.C. § 14-09-26 Modification of existing child support orders
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1. A child support order issued under any provision of this code and in effect on October 1, 1998, is deemed to require payment to the state disbursement unit after September 30, 1998. 2. A child support order issued under any provision of this code after September 30, 1998, must…
N.D.C.C. § 14-09-28 Parental custody and visitation rights and duties
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Repealed by S.L. 2009, ch. 149, § 12.
N.D.C.C. § 14-09-29 Parental rights and responsibilities - Best interests and welfare of child
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1. A court issuing an order that deals with parenting rights and responsibilities of a child entered under this chapter shall award the parental rights and responsibilities concerning the child to a person, agency, organization, or institution as will, in the opinion of the court…
N.D.C.C. § 14-09-30 Parenting plans - Contents
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1. In any proceeding to establish or modify a judgment providing for parenting time with a child, the parents shall develop and file with the court a parenting plan to be included in the court's decree. If the parents are unable to agree on a parenting plan, the court shall issue…
N.D.C.C. § 14-09-31 Decisionmaking responsibility
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Except as provided in subsection 3, in the making of any order relative to decisionmaking responsibility: 1. If the parents have reached an agreement as to decisionmaking responsibility, the court shall accept the agreement unless the court makes written findings that the agreeme…
N.D.C.C. § 14-09-32 Parental rights and responsibilities
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1. Each parent of a child has the following rights and responsibilities: a. Right to access and obtain copies of the child's educational, medical, dental, religious, insurance, and other records or information. b. Right to attend educational conferences concerning the child. This…
N.D.C.C. § 14-09-32.1 Parent's interest in child's upbringing
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1. As used in this section, a "parent" means parent or legal guardian not including a school or other institution serving in loco parentis. 2. It is the public policy of the state that: a. A parent retains the right and duty to exercise primary control over the care, supervision,…
N.D.C.C. § 14-09-33 References to child custody and custodial parent
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Any law that refers to the "custody" of a child means the allocation of parental rights and responsibilities as provided in this chapter. Any law that refers to a "custodial parent" or "primary residential responsibility" means a parent with more than fifty percent of the residen…
N.D.C.C. § 14-09-34 Electronic remittal of funds withheld under an income withholding order
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An income payer that employs more than twenty-four employees at any time and has received more than four income withholding orders under this chapter shall remit any withheld funds by an electronic method approved by the child support agency. An income payer that employs more tha…
N.D.C.C. § 14-09-35 Missing child - Duty to report - Penalty
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1. For purposes of this section and section 14-09-36, "caretaker" means the individual who is responsible for the physical control of a child and who is the child's biological or adoptive parent, the spouse of the child's biological or adoptive parent, or an individual acting in …
N.D.C.C. § 14-09-36 Death of a child - Duty to report - Penalty
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1. A caretaker of a child in the caretaker's care is guilty of a class C felony if the caretaker willfully fails to: a. Report the child's death to a law enforcement agency within two hours after learning about the child's death; or b. Report the location of the child's corpse to…