Title 8, Family Law & Probate

Carolinian Custom: Rights and Duties of Customary Trustee. Unless the family consents or agrees otherwise, a customary trustee holds title to land only as a guardian of the land for the benefit of all other individuals in a lineal descent from the original land holder. The indivi…

Carolinian Custom: Outside Trustees. Unless the family consents or agrees otherwise, upon the death of a customary trustee who is unrelated to the family whose land he holds, title passes to the family whose land it is in accordance with the provisions of this law. The members of…

Intestacy for Those Not of Northern Marianas Descent. The properties of decedents who are not persons of Northern Marianas descent as defined in N.M.I. Const. art. XII, § 4 pass in intestacy in the following manner: (a) The surviving spouse obtains the entire intestate estate if …

Survival Requirement. Any person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession, and the decedent’s heirs are determined accordingly. If the time of death of …

No Taker. If there is no taker under the provisions of this chapter, the intestate estate passes to the Commonwealth of the Northern Mariana Islands. Source: PL 3-106, ch. 9, § 14.

Representation. Whenever representation is called for by this law, the estate is divided into as many shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same degree who left issue who survive the decedent, each surviving heir in the n…

Half-Blood. Relatives of the half-blood inherit the same share they would inherit if they were of the whole blood. Source: PL 3-106, ch. 9, § 16.

Afterborn Heirs. Relatives of the decedent conceived before his death but born thereafter inherit as if they had been born in the lifetime of the decedent. Source: PL 3-106, ch. 9, § 17.

Meaning of Child. If, for the purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person: (a) An adopted person (including an adoption pursuant to custom) is the child of an adopting parent and no…

Advancements. If a person dies intestate as to all his or her estate, property which the person gave in his or her lifetime to an heir by partida or otherwise is treated as an advancement against the latter’s share in the estate only if it can be shown that the property was given…

Debts to Decedent. A debt owed to the decedent is not charged against the intestate share of any person except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor’s issue. Source: PL 3-106, ch.…

Effect of Divorce or Annulment. A decree of divorce, annulment, or separation shall have the same effect in an intestate estate as in a testate estate. Source: PL 3-106, ch. 9, § 21.

Devolution of Estate at Death. The power of a person to leave property by will, and the rights of creditors, devisees, and heirs to his or her property are subject to the restrictions and limitations contained in this law. Upon the death of a person, his or her real and personal …

Rules of Probate Procedure. The Commonwealth Rules of Probate Procedure shall govern the administration and probate of wills and intestacy proceedings. Source: PL 3-106, ch. 10, § 2.

Limitations on Presentation of Claims. (a) All claims against a decedent’s estate which arose before the death of the decedent, including claims of the Commonwealth of the Northern Mariana Islands and any of its subdivisions, whether due or to become due, absolute or contingent, …

Final Distribution; Priority of Claims. (a) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall, subject to the provisions of chapter 6 of this division [8 CMC § 2601 et seq.], make payment in the following order: (…

Attorney’s Fees. (a) An attorney or personal representative shall not calculate his fees as a percentage of the value of all or any part of an estate. (b) Any attorney or personal representative who knowingly and willfully violates this section shall upon conviction be imprisoned…

Standing of Executor or Administrator. (a) An executor or administrator shall have standing to defend the estate from any claim made by an alleged omitted spouse or pretermitted child under 8 CMC §§ 2701 or 2702. (b) In any situation noted above, the executor or administrator may…

Findings and Intent. The Legislature finds that the only Commonwealth statute specifically concerning the appointment and conduct of guardians ad litem are in the context of wardships for the protection of abused or neglected children, at 6 CMC §§ 5323(c) and 5325(a)(3). The Legi…

Definition. "Guardian ad litem" means a person appointed by the court to determine, monitor and advance the best interests of a juvenile, other minor child or other incompetent individual, including a juvenile within the jurisdiction of the Juvenile Justice Act of 2008 or a child…

Appointment of Guardian Ad Litem. Because minor children cannot make legal decisions for themselves, nor bind themselves legally to any contractual obligations, therefore in any legal proceeding where the legal interests of a juvenile, other minor or other legally incompetent ind…

Responsibilities and Duties of Guardian Ad Litem. The responsibilities and duties of a guardian ad litem are to: (a) Represent the best interests of the juvenile, other minor or other legally incompetent individual; (b) Advocate for the welfare and rights of a juvenile, other min…

Persons Prohibited from Appointment as Guardian Ad Litem. No person may be appointed as a guardian ad litem for a juvenile, other minor or other legally incompetent individual in any proceeding if that person has a criminal history that poses a risk to children; these include but…

Guardian to Represent Best Interests of Juvenile, Other Minor or Other Legally Incompetent Individual; Guardian to Receive Notice of All Proceedings; Obligation of Guardian Continuing One; Authority of Guardian. (a) The guardian ad litem is charged in general with the duty of rep…

Guardian's Right to See All Reports, Information and Records Concerning Juvenile Being Represented. All reports made and information collected by DYS must be made available to the guardian ad litem by DYS. Upon proof of appointment as guardian ad litem and upon the guardian ad li…

Confidentiality of Records and Information. All reports and information collected pursuant to this section are confidential except as otherwise provided for in 6 CMC § 5325. Source: PL 16-47, § 35(h), modified.

Immunity from Liability for Guardian Ad Litem. A person who is appointed to serve as guardian ad litem is not liable for any civil damages for any personal injury or property damages as a result of any act or omission by the guardian ad litem in the discharge of his or her respon…

Definitions. As used in this Article: (a) “Arrearage” means the total amount of unpaid support obligations as determined by a tribunal and incorporated into an order for support. (b) “Business day” means a day on which CNMI offices are open for regular business. (c) “Child” means…

CNMI Support Disbursement Unit. There is hereby established a CNMI Support Disbursement Unit (Unit) within the Office of the CNMI Treasury. This Unit is authorized to receive and disburse child support payments pursuant to income withholding orders and other court ordered support…

Existing Orders for Support. All existing orders for child support, spousal support, and family support issued by a tribunal for specific amounts of periodic payments to the obligee are hereby declared subject to enforcement by payor income withholding. A payor income withholding…

Delinquencies Become Automatic Judgments. All child support payments which are delinquent for more than thirty-one days become automatic judgments and shall earn interest at the rate established by law. Source: PL 14-34, § 5; redesignated by PL 20-22 § 5 (Oct. 6, 2017). In codify…

Content of Support Orders. (a) All support orders shall provide for income withholding, unless a written agreement is reached between and signed by both parties providing for an alternative arrangement, approved and entered into the record by the tribunal, which ensure payment of…

Copies of Order. At the time the order for support is entered, the Clerk of the Court shall provide a copy of the order to the obligor and shall make copies available to the obligee and the public office. Source: PL 14-34, § 9; redesignated by PL 20-22 § 5 (Oct. 6, 2017). In codi…

Contents of Income Withholding Order. The Income Withholding Order shall contain the following: (a) The title and docket number of the suit; (b) The name of the obligee; (c) The name of the obligor and the obligor’s Social Security Number, which the obligor shall disclose to the …

Content of Income Withholding Notice. The income withholding notice shall: (a) Be in the standard format prescribed by the United States Department of Health and Human Services; and (b) State the date of entry of the order for support upon which the income withholding notice is b…

Service of Income Withholding Notice. (a) The accrual of a delinquency as a condition for service of an income withholding notice, as provided for under the exception to immediate withholding in 8 CMC § 19105(a), shall apply only to the initial service of an income withholding no…

Response and Duties of the Payor. (a) A payor upon whom service of an income withholding order or notice has been made shall answer the order by sworn affidavit within twenty days after the date of service. The answer shall state whether the obligor is employed by or receiving in…

Priority of Income Withholding for Support. Withholding of income under this Article shall have priority over any prior or subsequent garnishments, attachments, wage assignments, any other claims of creditors, or other legal process. Source: PL 14-34, § 14; redesignated by PL 20-…

Maximum Amount to be Withheld from Obligor’s Income; Priority of Payments on a Single Income Withholding Order. Withholding of income under this Article shall not be in excess of the maximum amounts permitted under the federal Consumer Credit Protection Act, or fifty percent of t…

Other Limits or Exemptions on Withholding of Income. Any other CNMI law that limit or exempt income or the amount or percentage of income that can be withheld shall not apply when income is withheld for payment of a support order. Source: PL 14-34, § 4; redesignated by PL 20-22 §…

Apportionment of Disbursements. If an obligor is subject to two or more income withholding notices on account of different obligees, the employer shall, if the disposable income is not sufficient to respond fully to all the notices, apportion the obligor’s disposable income betwe…

Payor Protection from Civil Liability. A payor who complies with an income withholding notice that is regular on its face shall not be subject to civil liability with respect to any individual, any agency, or any creditor of the obligor for conduct in compliance with the notice. …

Termination of Income Withholding Order by Payor. Whenever the obligor is no longer receiving income from the payor, the payor shall return a copy of the income withholding notice to the obligee or public office and shall provide information for the purpose of enforcing this Arti…

Prohibition of Penalties Against Obligor Imposed by Payor. No payor shall discharge, discipline, refuse to hire or otherwise penalize any obligor because of the duty to withhold income or because of any obligation such income withholding imposes against the employer. Any employer…

Penalties. (a) Where a payor willfully fails to withhold or pay over income pursuant to a properly served income withholding notice, or willfully discharges, disciplines, refuses to hire or otherwise penalizes an obligor as prohibited by 8 CMC § 19117, or otherwise fails to compl…

Additional Duties. (a) An obligee who is receiving income withholding payments under this Article shall notify the CNMI Support Disbursement Unit and the Clerk of the Superior Court of any change of address within seven days of such change. (b) An obligee who is a recipient of pu…