Title 14 — Domestic Relations and Persons
48 chapters · 709 sections in this title.
N.D.C.C. § 14-09-00.1 Definitions
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As used in this chapter, unless the context otherwise requires: 1. "Decisionmaking responsibility" means the responsibility to make decisions concerning the child. The term may refer to decisions on all issues or on specified issues, but not child support issues. 2. "Harm" means …
N.D.C.C. § 14-09-01 Legitimacy of children born in wedlock
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Repealed by S.L. 2005, ch. 135, § 11.
N.D.C.C. § 14-09-02 Children born after dissolution of marriage or before wedlock - Legitimacy
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Repealed by S.L. 2005, ch. 135, § 11.
N.D.C.C. § 14-09-03 Who may dispute presumption of legitimacy
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Repealed by S.L. 2005, ch. 135, § 11.
N.D.C.C. § 14-09-04 Custody of legitimate child
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Repealed by S.L. 2009, ch. 149, § 12.
N.D.C.C. § 14-09-05 Custody of illegitimate child
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Repealed by S.L. 2009, ch. 149, § 12. 14-09-05.1. Grandparental rights of visitation to unmarried minor child - Mediation or arbitration. Repealed by S.L. 2019, ch. 131, § 2.
N.D.C.C. § 14-09-06 Priority of custody of father and mother
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Repealed by S.L. 2009, ch. 149, § 12.
N.D.C.C. § 14-09-06.1 Awarding custody - Best interests and welfare of child
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Repealed by S.L. 2009, ch. 149, § 12.
N.D.C.C. § 14-09-06.2 Best interests and welfare of child - Court consideration - Factors
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1. For the purpose of parental rights and responsibilities, the best interests and welfare of the child is determined by the court's consideration and evaluation of all factors affecting the best interests and welfare of the child. These factors include all of the following when …
N.D.C.C. § 14-09-06.3 Parenting investigations and reports - Costs
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1. In contested proceedings dealing with parental rights and responsibilities the court, upon the request of either party, or, upon its own motion, may appoint a parenting investigator and order an investigation and report concerning parenting rights and responsibilities regardin…
N.D.C.C. § 14-09-06.5 Allegation of harm to child - Effect
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If the court finds that an allegation of harm to a child by one parent against the other is false and not made in good faith, the court shall order the parent making the false allegation to pay court costs and reasonable attorney's fees incurred by the other parent in responding …
N.D.C.C. § 14-09-07 Residence of child
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1. A parent with primary residential responsibility for a child may not change the primary residence of the child to another state except upon order of the court or with the consent of the other parent, if the other parent has been given parenting time by the decree. 2. A parent …
N.D.C.C. § 14-09-08 Mutual duty to support children
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Parents shall give their children support and education suitable to the child's circumstances. The court may compel either or both of the parents to provide for the support of their children. 14-09-08.1. Support payments - Payment to state disbursement unit - Transfer of proceedi…
N.D.C.C. § 14-09-08.12 Authorization to insurer
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The signature of the custodial parent of the insured dependent, the obligee, or the obligee's assignee is a valid authorization to the insurer for purposes of processing an insurance reimbursement payment to the provider of the medical services, for the release of information con…
N.D.C.C. § 14-09-08.13 Application for service
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The child support agency shall take the appropriate steps to implement, modify, and enforce an order for dependent health insurance or other medical support whenever the children receive benefits through temporary assistance for needy families or foster care under chapter 50-09 o…
N.D.C.C. § 14-09-08.14 Child support agency to establish criteria
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The child support agency shall establish criteria to identify cases involving children who received benefits through temporary assistance for needy families or foster care under chapter 50-09 or medical assistance under chapter 50-24.1, or when an application to the child support…
N.D.C.C. § 14-09-08.16 Requests for information from income payer
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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…
N.D.C.C. § 14-09-08.17 Delinquent obligor may not renounce claims
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An obligor whose child support obligation is delinquent may not renounce, waive, assign, transfer, or disclaim any interest that obligor might otherwise claim in a decedent's estate, a trust, or a similar device, to the extent necessary to satisfy the delinquency. Any attempt to …
N.D.C.C. § 14-09-08.19 Child support order - Required interest statement
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Each judgment or order requiring the payment of child support must include a statement that the child support obligation will accrue interest if not timely paid. Accrual of interest and validity of the order are not affected by a failure to include the statement required by this …
N.D.C.C. § 14-09-08.2 Support for children after majority - Retroactive application
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1. A judgment or order requiring the payment of child support until the child attains majority continues as to the child until the end of the month during which the child is graduated from high school or attains the age of nineteen years, whichever occurs first, if: a. The child …
N.D.C.C. § 14-09-08.20 National medical support notice - Child support agency duties
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1. When an obligor is required to provide health insurance coverage for a child as a beneficiary under section 14-09-08.10, the order is being enforced under title IV-D, and the obligor's employer has been identified, the child support agency shall use the national medical suppor…
N.D.C.C. § 14-09-08.21 Termination of parental rights - Duty of support
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Notice of a proposed termination or relinquishment of parental rights must be given to the department of health and human services in the manner appropriate for the service of process in a civil action in this state. A termination of parental rights terminates a monthly support o…
N.D.C.C. § 14-09-08.22 Enforcement of health insurance coverage from an obligee
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When an obligee is required to provide health insurance coverage for a child as a beneficiary under section 14-09-08.10, the order is being enforced under title IV-D, and the obligee's employer has been identified, the child support agency may use the national medical support not…
N.D.C.C. § 14-09-08.3 Duration of child support obligations
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Unless dates for the commencement or termination of a child support obligation are specified by the court's order, a judgment or order requiring the payment of child support is effective as to the child in the month in which the order is signed and continues until the end of the …
N.D.C.C. § 14-09-08.4 Periodic review of child support orders
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1. Each child support order being enforced by the child support agency must be reviewed by the child support agency no less frequently than thirty-six months after the establishment of the order or the most recent amendment or review of the order by the court or child support age…
N.D.C.C. § 14-09-08.5 Notice of review of child support orders
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1. The child support agency shall provide written notice, including notice through electronic means, to the obligee and the obligor that a review under section 14-09-08.4 is commencing. 2. Unless sufficient information was previously provided by the obligor with a request for rev…
N.D.C.C. § 14-09-08.6 Obligor's duties upon review
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Unless sufficient information was previously provided by the obligor with a request for review, the obligor shall provide information to the child support agency concerning the obligor's income, which is sufficient to accomplish the review, by the date required by the child suppo…
N.D.C.C. § 14-09-08.7 Notice of review determination
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1. Following review, the child support agency shall promptly provide notice of its review determination. 2. If the child support agency has made a determination not to seek an amendment to the amount of child support, the notice must inform the obligor and the obligee of the righ…
N.D.C.C. § 14-09-08.9 Request for review - Notice of right to request review
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An obligor or an obligee may request review under section 14-09-08.4, by applying to the child support agency for child support services, and indicating, in the manner there provided, a desire to have a child support order reviewed. Each judgment or order issued by a court in thi…
N.D.C.C. § 14-09-09 Liability of stepparent for support
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A stepparent is not bound to maintain the spouse's dependent children, as defined in section 50-09-01, unless the child is received into the stepparent's family. If the stepparent receives them into the family, the stepparent is liable, to the extent of the stepparent's ability, …
N.D.C.C. § 14-09-09.1 Child support - Wage assignment - Procedures
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Repealed by S.L. 1987, ch. 183, § 16.
N.D.C.C. § 14-09-09.10 Definitions
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For the purposes of this chapter, unless the context or subject matter otherwise requires: 1. "Arrears registry" means the registry maintained under section 50-09-02.7. 2. "Business day" means every day that is not a Saturday or legal holiday. 3. "Child support" means payments fo…
N.D.C.C. § 14-09-09.11 Income withholding order
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When a judgment or order requires the payment of child support, it may be enforced by an income withholding order, as provided in this chapter, in addition to any other remedies provided by law.
N.D.C.C. § 14-09-09.12 Provision of notice of impact of income withholding law to obligors
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Each judgment or order issued by a court in this state which includes an order for support of minor children, but which does not require immediate income withholding, must include a statement that a delinquency in payment of the support due or the approved request of the obligee …
N.D.C.C. § 14-09-09.13 Procedure - Notice to obligor
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If immediate income withholding under section 14-09-09.24 has not been implemented and an obligor is delinquent, if an obligee's request for income withholding is approved, or if a court changes its finding that there is good cause not to require immediate income withholding, the…
N.D.C.C. § 14-09-09.14 Hearing upon obligor's request
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1. If the obligor files a request for a hearing within ten days of the date of the notice made pursuant to section 14-09-09.13, the court shall hold a hearing within ten working days after the date of the request. a. The court may order that the income withholding order be withdr…
N.D.C.C. § 14-09-09.15 Form - Effect of income withholding order
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The income withholding order must be issued in the name of the state of North Dakota in the standard format for notice of the order prescribed by the secretary of the United States department of health and human services under authority of 42 U.S.C. 666(b)(6)(A)(ii), contain only…
N.D.C.C. § 14-09-09.16 Service of income withholding order on income payer
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1. The child support agency shall serve the income withholding order on the income payer by first-class mail or in any other manner agreed to by the income payer, and upon the obligor by first-class mail to the obligor's last-known address. 2. If the obligor is subject to immedia…
N.D.C.C. § 14-09-09.17 Amendment - Termination of income withholding order
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Upon amendment or termination of an income withholding order, the child support agency shall send appropriate notice to the income payer. An income withholding order is to be amended by the child support agency when the total amount of money to be withheld is changed by eliminati…
N.D.C.C. § 14-09-09.18 Interstate income withholding - Initiation by this state to other state
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On application of a resident of this state, an obligee or an obligor of a support order issued by this state, or an agency to which an obligee has assigned support rights, the child support agency shall request the child support enforcement agency of another state in which the ob…
N.D.C.C. § 14-09-09.2 Child support - Alternative procedure to withhold and transmit earnings
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Repealed by S.L. 1987, ch. 183, § 16. 14-09-09.3. Child support - Duties and liabilities of income payer under income withholding order. 1. Any failure of an income payer to comply with this section or section 14-09-09.16 may be sanctioned as a contempt of court. The court shall …
N.D.C.C. § 14-09-09.20 Interstate income withholding - Notice to obligor
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Repealed by S.L. 1995, ch. 157, § 4.
N.D.C.C. § 14-09-09.21 Interstate income withholding - Hearing upon request of obligor
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Repealed by S.L. 1995, ch. 157, § 4. 14-09-09.22. Interstate income withholding - Form - Service on income payor - Termination of order. Repealed by S.L. 1995, ch. 157, § 4.
N.D.C.C. § 14-09-09.23 Administration of income withholding
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Repealed by S.L. 1997, ch. 404, § 77.
N.D.C.C. § 14-09-09.24 Immediate income withholding
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1. Except as provided in subsection 2 or 3, each judgment or order which requires the payment of child support, issued or modified on or after January 1, 1990, subjects the income of the obligor to income withholding, regardless of whether the obligor's support payments are delin…
N.D.C.C. § 14-09-09.26 State is real party in interest
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The state is a real party in interest for purposes of establishing paternity and securing repayment of benefits paid, future support, and costs in action brought to establish, modify, or enforce an order for support of a child in any of the following circumstances: 1. Whenever ai…
N.D.C.C. § 14-09-09.28 Application to existing cases
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Sections 14-09-09.26, 14-09-09.27, 14-12.2-19, and 14-12.2-20 apply to actions filed prior to July 7, 1991. 14-09-09.29. Coordination of income withholding activities and child support case management. The child support agency is responsible for administration of income withholdi…
N.D.C.C. § 14-09-09.30 Monthly amount due
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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 arrea…
N.D.C.C. § 14-09-09.31 Child support exempt from process
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A child support obligation owed to an obligee who is a judgment debtor may not be subject to execution, garnishment, attachment, or other process except to satisfy that child support obligation. This section does not prohibit the child support agency from authorizing the state di…
N.D.C.C. § 14-09-09.32 Agreements to waive child support
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1. An agreement purporting to relieve an obligor of any current or future duty of child support is void and may not be enforced. An agreement purporting to waive past-due child support is void and may not be enforced unless the child support obligee and any assignee of the oblige…