N.D. Cent. Code § 14-12.2-33.1

Current through 2023 Legislative Sessions

Section 14-12.2-33.1 - (502) Employer's compliance with income-withholding order of another state

1. Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.

2. The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state.

3. Except as otherwise provided by subsection 4 and section 14-12.2-33.2, the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order which specify:

a. The duration and amount of periodic payments of current child support, stated as a sum certain;

b. The person designated to receive payments and the address to which the payments are to be forwarded;

c. Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;

d. The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and

e. The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.

4. An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:

a. The employer's fee for processing an income-withholding order;

b. The maximum amount permitted to be withheld from the obligor's income; and

c. The times within which the employer must implement the withholding order and forward the child support payment.

N.D.C.C. § 14-12.2-33.1

Effective date amended to 7/1/2015 by S.L. 2015, ch. 126 (HB 1111),§ 13, eff. 4/15/2015.

Effective on the date the department of human services certifies to the legislative council that the Hague convention on the international recovery of child support and other forms of family maintenance is ratified and that the United States deposited its instrument of ratification.