Title 14 — Domestic Relations and Persons

1. The district court is the tribunal of this state. 2. The department of health and human services is the support enforcement agency of this state.

1. Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a support order on the basis of comity. 2. This chapter does not: a. Provide the exclusive method of establishing or enforcing a support order …

1. In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if: a. The individual is personally served with a…

Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction…

Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or foreign country.

1. A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state or foreign country only if: a. The petition or comparable pleading in this state is…

1. A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and: a. At the time of the filing of a request…

1. A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce: a. The order if the order is the controlling order and has not been modified by a tribuna…

1. If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal controls and must be so recognized. 2. If a proceeding is brought under this chapter, and two or more child support orders have been issued by tribu…

In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or foreign country, a trib…

A tribunal of this state shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this or another state or fore…

1. A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation. 2. A tribunal of this state may not modify a spousal su…

1. Except as otherwise provided in this chapter, sections 14-12.2-13 through 14-12.2-31 apply to all proceedings under this chapter. 2. An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this chapter by filing a petition in an init…

A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.

Except as otherwise provided by this chapter, a responding tribunal of this state shall: 1. Apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proce…

1. Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward the petition and its accompanying documents: a. To the responding tribunal or appropriate support enforcement agency in the responding state; or b. If the identity of t…

1. When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly under subsection 2 of section 14-12.2-13, it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed. 2. A…

If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent…

1. A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter. 2. A support enforcement agency of this state that is providing services to the petitioner shall: a. Take all steps necessary to enable an appro…

1. If the attorney general determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform its duties under this chapter or may provide those services directly to the individual. 2…

An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.

1. The department of health and human services is the state information agency under this chapter. 2. The state information agency shall: a. Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this chapter and any…

1. In a proceeding under this chapter, a petitioner seeking to establish a support order, to determine parentage, or to register and modify a support order of a tribunal of another state or foreign country must file a petition. Unless otherwise ordered under section 14-12.2-24, t…

If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. A…

1. The petitioner may not be required to pay a filing fee or other costs. 2. If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred…

1. Participation by a petitioner in a proceeding under this chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceedin…

A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this chapter.

1. The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage. 2. An affidavit, a document substantially …

A tribunal of this state may communicate with a tribunal outside this state in a record, or by telephone or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A tribunal of thi…

A tribunal of this state may: 1. Request a tribunal outside this state to assist in obtaining discovery; and 2. Upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.

1. A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or foreign country a certified sta…

1. If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if: a. The individual seeking the order resides outside this state; or b. The support en…

A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage brought under this chapter or a law or procedure substantially similar to this chapter.

An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor's employer under section 14-09-09.10 without first filing a petition or comparable pleading or registering th…

An employer that complies with an income-withholding order issued in another state in accordance with this chapter is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income.

An employer that willfully fails to comply with an income-withholding order issued by another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.

1. An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in sections 14-12.2-…

1. A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state. 2. Upon…

A support order or an income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement.

1. Subject to section 14-12.2-47.6, a support order or income-withholding order of another state or a foreign support order may be registered in this state by sending the following records to the appropriate tribunal in this state: a. A letter of transmittal to the tribunal reque…

1. A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state. 2. A registered order issued in another state or foreign country is enforceable in the same manner an…

1. Except as otherwise provided in subsection 4, the law of the issuing state or foreign country governs: a. The nature, extent, amount, and duration of current payments under a registered support order; b. The computation and payment of arrearages and accrual of interest on the …

1. When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents a…

1. A nonregistering party seeking to contest the validity or enforcement of a registered order in this state shall request a hearing in accordance with the notice provided in section 14-12.2-39. The nonregistering party may seek to vacate the registration, to assert any defense t…

1. A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses: a. The issuing tribunal lacked personal jurisdiction over the contesting party; b. The order was obtained…

Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. 14-12.2-43. (609) Procedure to register child support order of…

A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered order may be modified only if the requirements of section 14-12.…

1. If section 14-12.2-46.1 does not apply, upon petition a tribunal of this state may modify a child support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that: a. The following requirements are met: (1) Neither t…

Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party…

Repealed by S.L. 2015, ch. 152, § 71.