48 chapters · 709 sections in this title.
N.D.C.C. § 14-07-19 Bond may be given in lieu of punishment
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In a prosecution for desertion or for nonsupport, before the trial and with the consent of the defendant, or at the trial, on the entry of a plea of guilty, or after conviction, instead of imposing the penalty, or in addition to the penalty, the court in its discretion, having re…
N.D.C.C. § 14-07-20 Conditions of bond
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The bond given in lieu of or in addition to the punishment for abandonment or nonsupport must provide that the defendant shall furnish a spouse or child with proper food, shelter, clothing, and medical attention for such a period, not exceeding five years, as the court may order.…
N.D.C.C. § 14-07-21 Violation of conditions of bond - Who may sue on breach
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Upon the filing of an affidavit showing the violation of the conditions of a bond given in lieu of or in addition to the punishment for nonsupport or desertion, the accused shall be heard upon an order to show cause. If the charges are sustained, the court may proceed with the tr…
N.D.C.C. § 14-07-22 Evidence required to prove relationship
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In any prosecution for desertion or failure to support a wife, husband, or child, no other or greater evidence is required to prove the relationship of the defendant to such wife, husband, or child than is or shall be required to prove such relationship in a civil action.
N.D.C.C. § 14-08-02 Power of court to render judgment
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If it appears to the court upon the trial of an action against a husband or wife to provide support for that person's spouse and minor children that that person is able to support or contribute to the support of that person's spouse and said children and that the person neglects …
N.D.C.C. § 14-08-03 Procedure for action
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The practice in an action against a husband or wife to provide support for that person's spouse and minor children must conform as nearly as may be to the practice in actions for divorce.
N.D.C.C. § 14-08-04 What payments made by spouse pending action
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The court in its discretion may require the defending spouse to pay any money necessary to enable the plaintiff to prosecute the action and to support the plaintiff and any children in the plaintiff's custody during its pendency.
N.D.C.C. § 14-08-05 Security required - Receiver
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The court may require the defendant in an action to give reasonable security for making any payments required under the provisions of this chapter and may enforce the same by the appointment of a receiver or by any remedy applicable to the case.
N.D.C.C. § 14-08-06 Modifying or vacating judgment
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The judgment may be modified or vacated at any time upon the hearing of the parties. 14-08-07. Support payments - Payment to court - Transfer of payment to court of recipient's residence - Transfer of proceedings for enforcement of decree - Procedures upon failure to pay. Repeale…
N.D.C.C. § 14-08-08 Notification and duties of county social service board
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Repealed by S.L. 1989, ch. 148, § 36.
N.D.C.C. § 14-08-09 Aid of court available to recipients of support
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Repealed by S.L. 1989, ch. 148, § 36.
N.D.C.C. § 14-08-10 Remedies additional to those existing
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Repealed by S.L. 1989, ch. 148, § 36.
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…