19.8100.01000
Sixty-sixth
Legislative Assembly SENATE BILL NO. 2115
of North Dakota
Introduced by
Human Services Committee
(At the request of the Department of Human Services)
1 A BILL for an Act to amend and reenact section 14-08.1-04, subsection 2 of section 14-09-08.1,
2 subsection 4 of section 14-09-08.4, section 14-09-09.32, subsection 8 of section 14-09-25, and
3 subsection 6 of section 50-09-08.6 of the North Dakota Century Code, relating to child support;
4 and to repeal section 14-09-09.37 of the North Dakota Century Code, relating to child support.
5 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
6 SECTION 1. AMENDMENT. Section 14-08.1-04 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 14-08.1-04. Duty of state's attorneychild support agency - Sheriff's fees.
9 Upon request of the county social service board director or the executive director of the
10 department of human services, the state's attorney of any county furnishing public assistance or
11 county general assistanceThe child support agency shall commence any appropriate action or
12 proceeding under sections 14-08.1-02 and 14-08.1-03, in which case fees for filing and. Except
13 for public assistance cases as determined by the child support agency, a sheriff may charge
14 and collect service of process may not be charged or collectedfees consistent with section
15 11-15-07.
16 SECTION 2. AMENDMENT. Subsection 2 of section 14-09-08.1 of the North Dakota
17 Century Code is amended and reenacted as follows:
18 2. a. Each party subject to the order shall immediately inform the state disbursement
19 unit of the party's:
20 (1) Social security number;
21 (2) Residential and mailing addresses and any change of address;
22 (3) Telephone number, including cellular telephone number;
23 (4) Motor vehicle operator's license number;
24 (5) Employer's name, address, and telephone number;
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1 (6) Electronic mail address; and
2 (6)(7) Change of any other condition which may affect the proper administration of
3 this chapter.
4 b. Each order for payment of child support must notify each party of the
5 requirements in subdivision a and require the party to provide the information
6 within ten days from the date of the order or ten days after any change in the
7 information.
8 c. In any subsequent child support enforcement or modification action between the
9 parties, upon sufficient showing that diligent effort has been made to ascertain
10 the location of a party, the court shall deem due process requirements for notice
11 and service to have been met, with respect to the noticed party, by delivery of
12 written notice to the most recent residential or employer address provided by the
13 noticed party pursuant to this subsection.
14 d. The requirements of this subsection continue in effect until all child support
15 obligations have been satisfied with respect to each child subject to the order.
16 SECTION 3. AMENDMENT. Subsection 4 of section 14-09-08.4 of the North Dakota
17 Century Code is amended and reenacted as follows:
18 4. If a child support orderobligation sought to be amended was entered at least one year
19 before the filing of a motion or petition for amendment, the court shall order the
20 amendment of the child support orderobligation to conform the amount of child support
21 payment to that required under the child support guidelines, whether or not the motion
22 or petition for amendment arises out of a periodic review of a child support
23 orderobligation, and whether or not a material change of circumstances has taken
24 place, unless the presumption that the correct amount of child support would result
25 from the application of the child support guidelines is rebutted. If a motion or petition
26 for amendment is filed within one year of the entry of the orderobligation sought to be
27 amended, the party seeking amendment must also show a material change of
28 circumstances.
29 SECTION 4. AMENDMENT. Section 14-09-09.32 of the North Dakota Century Code is
30 amended and reenacted as follows:
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1 14-09-09.32. Agreements to waive child support.
2 1. An agreement purporting to relieve an obligor of any current or future duty of child
3 support is void and may not be enforced. An agreement purporting to waive past-due
4 child support is void and may not be enforced unless the child support obligee and any
5 assignee of the obligee have consented to the agreement in writing and the
6 agreement has been approved by a court of competent jurisdiction. A copy of the order
7 of approval must be provided to the state disbursement unit. As used in this section,
8 "child support" does not include spousal support.
9 2. In a judgment for divorce or other relief under this title in any matter in which the child
10 and both of the child's parents do not reside together, a court shall establish a child
11 support obligation unless the child support agency requests the issue of child support
12 be reserved. Notwithstanding subsection 1, the court may issue a stay of any further
13 accruals under a child support order if the court finds the stay would be in the best
14 interests of the child. Avoidance of income withholding or the requirement to make any
15 child support payment through the state disbursement unit is not a proper basis to stay
16 a child support obligation under this subsection. A child support obligation that is
17 stayed under this subsection may be reinstated on a prospective basis as provided
18 under the terms of the stay or at any time by order of the court or upon affidavit of any
19 party. The party filing the affidavit shall provide a copy of the affidavit to any other party
20 to the action and to the state disbursement unit.
21 SECTION 5. AMENDMENT. Subsection 8 of section 14-09-25 of the North Dakota Century
22 Code is amended and reenacted as follows:
23 8. The child support agency may suspend or waive judgment interest on an arrearage as
24 part of an amnesty program, as an incentive for satisfying a child support obligation or
25 complying with a payment plan, or if the child support agency determines that the
26 judgment interest is not collectible through commercially reasonable efforts. This
27 subsection applies to judgment interest accruing before July 1, 2005, only if the
28 arrearage is assigned to the child support agency under section 50-09-06.1 or
29 50-24.1-02.1 or if the obligee provides written consent. Any judgment interest that is
30 suspended or waived under this subsection may be reinstated by a court at any time
31 or by the child support agency if the obligor has failed to comply with a payment plan.
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1 SECTION 6. AMENDMENT. Subsection 6 of section 50-09-08.6 of the North Dakota
2 Century Code is amended and reenacted as follows:
3 6. In a contest under this section, the court mustshall affirm the action of the state
4 agency to withhold, restrict, or suspend a license unless itthe court finds that the
5 licensee's delinquency or failure to comply with a subpoena, or an existing payment
6 plan was not willful. Upon a showing by the state agency that the licensee has failed to
7 comply with a subpoena, is listed on the arrears registry, or is not in compliance with
8 an existing payment plan between the licensee and the state agency under this
9 section, the licensee has the burden of proving that the delinquency or failure to
10 comply was not willfulstate agency's decisions was arbitrary, unreasonable, or
11 capricious.
12 SECTION 7. REPEAL. Section 14-09-09.37 of the North Dakota Century Code is repealed.
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Statutes affected: INTRODUCED: 14-08.1-04, 14-09-08.1, 14-09-08.4, 14-09-09.32, 14-09-25, 50-09-08.6, 14-09-09.37
Prepared by the Legislative Council staff for Senate Human Services Committee: 34-15-07
FIRST ENGROSSMENT: 14-08.1-04, 14-09-08.1, 14-09-08.4, 14-09-09.32, 14-09-25, 34-15-07, 50-09-08.6, 14-09-09.37
SECOND ENGROSSMENT: 14-08.1-04, 14-09-08.1, 14-09-08.4, 14-09-09.32, 14-09-25, 34-15-07, 50-09-08.6, 14-09-09.37
Enrollment: 14-08.1-04, 14-09-08.1, 14-09-08.4, 14-09-09.32, 14-09-25, 34-15-07, 50-09-08.6, 14-09-09.37