N.D. Cent. Code § 14-12.2-39

Current through 2024 Legislative Session

Section 14-12.2-39 - (605) Notice of registration of order

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 and relevant information accompanying the order.

2. A notice must inform the nonregistering party:

a. That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;

b. That a hearing to contest the validity or enforcement of the registered order must be requested within twenty days after notice unless the registered order is subject to section 14-12.2-47.7;

c. That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and

d. Of the amount of any alleged arrearages.

3. If the registering party asserts that two or more orders are in effect, a notice must also:

a. Identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;

b. Notify the nonregistering party of the right to a determination of which is the controlling order;

c. State that the procedures provided in subsection 2 apply to the determination of which is the controlling order; and

d. State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.

4. Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to the income-withholding requirements of chapter 14-09.

N.D.C.C. § 14-12.2-39

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.