Even if the non-custodial parent lives outside the state of North Dakota, the law requires cooperation between states. The non-custodial parent is legally required to make regular child support payments, regardless of where they live.
If a non-custodial parent does not pay child support, he or she is subject to enforcement measures in accordance with Federal and North Dakota child support law to collect regular and past-due payments.
The North Dakota Child Support Enforcement is the state-run child support enforcement office for North Dakota. The North Dakota Department of Human Services is required by federal law to provide services through Child Support Enforcement (CSE) and is funded by the federal government and the state of North Dakota.
|NORTH DAKOTA CHILD SUPPORT ENFORCEMENT CASELOAD STATISTICS1|
|Full Time Equiv. Staff||153|
1 U.S. Office of Child Support Enforcement, Boxscores for FY 2005
North Dakota provides for interest to be charged on late child support payments at a rate that is set every January 1st by the State Administrator and may not be compounded. For interest to be charged on arrears (missed payments) which accrue prior to July 1, 2002, the court must order the interest be calculated by some individual or entity other than the IV-D program and the court must then approve the calculated amount.
Effective April 2, 1999, North Dakota's enforcement of past due child support is no longer subject to Statute of Limitations. Past due child support which had been affected by the Statute of Limitations to enforce a child support order, prior to April 2, 1999, is not revived. However, application of the Statute of Limitations to enforce a child support order, while it serves to bar certain judicial enforcement rememdies, does not extinguish the debt.
In North Dakota paternity must be established within 3 years of the child reaching the age of majority.
The age of emancipation in North Dakota is 18 years of age if child is enrolled and attending high school and child resides with person to whom duty of support is owed. The court can extend child support obligation until the child is 19 or graduates from high school, whichever occurs first. (N.D.C.C. section 14-09-08.2)
Support payments are calculated by courts using North Dakota's Child Support Guidelines. These guidelines apply in any action in North Dakota in which a child support obligation is being established or changed. The Supreme Court's technology division has developed a web-based guidelines calculator to assist in estimating an obligation.
Child support and visitation rights are separate issues. The court determines both and will usually order the non-custodial parent to pay support and the custodial parent to make the child available for visits.
The custodial parent must obey the court order for visitation, even if the non-custodial parent cannot or will not pay child support. The court can enforce any of its orders against either parent.