25-7A-1. Definition of terms. Terms used in this chapter mean: (1)”Administrative order,” a judgment or order of an agency of the executive branch of state government, or an agency of comparable jurisdiction of another state, ordering payment of a set or determinable amount of support money, or ordering withholding of income; (2)”Arrearage,” the total amount […]
25-7A-10.1. Filing of action involving previous support order. If the proceedings for enforcement of child support involve amendment of a previous support order as fixed by a decree of divorce, judgment in a paternity action or prior enforcement proceedings which have been held in any court in this state, the action shall be filed in […]
25-7A-14. Interest on support debt or judgment. The Department of Social Services or any support obligee may collect interest on the unpaid principal balance of a support debt or judgment for support at the Category D rate of interest as established in §54-3-16. Source: SL 1982, ch 196, §14; SL 1986, ch 218, §16.
25-7A-15. Payor holding amount in excess of debt–Release of excess to obligor. If any payor has income, deposits, accounts, or balances in excess of the amount of the debt claimed by the Department of Social Services or any support obligee, the payor may, without liability under this chapter, release the excess to the obligor. Source: […]
25-7A-16. Grounds for release of lien. The secretary of social services may release and satisfy a lien on all or part of the property or income of the obligor or return seized property or income without liability, if assurance of payment is adequate, if the action facilitates the collection of the debt, or if the […]
25-7A-17. Agreement between parents relieving duty of support–Rights of department or support obligee not terminated. An agreement between parents or other responsible persons relieving a party of any duty of support or responsibility or purporting to settle past, present, or future support obligations as settlement or prepayment may not act to reduce or terminate any […]
25-7A-18. Cooperation between public agencies. The secretary of social services may request the cooperation of any public agency, as defined by subdivision 1-24-1(2) and public agencies shall cooperate in locating absent parents, in providing information about the income, resources, and property of a parent, and in providing any other information necessary for the Department of […]
25-7A-19. Department as administrator. The department is the designated public agency for the administration of this chapter. Source: SL 1986, ch 218, §44.
25-7A-2. Public assistance to dependent child deemed debt of person responsible for support–Establishment of amount of debt–Public assistance recipient does not incur debt. Any payment of public assistance made to or for the benefit of any dependent child creates a debt due to the state, by the person or persons who are responsible for support […]
25-7A-20. Enforcement of spousal support obligation. The department shall enforce the support obligation due to a spouse or former spouse who is living with the dependent child, but only if a spousal support obligation has been established by court order for the spouse or former spouse and the child support obligation is also being enforced […]
25-7A-21. Judgment for arrearage due obligee in absence of court order. The secretary of social services may, in the absence of a court order, initiate an action pursuant to the provisions of this chapter to establish a current monthly child support obligation and obtain a judgment for arrearage which is due to an obligee who […]
25-7A-21.1. Order establishment case–Limitation on prior-period support obligations or arrearages. In any order establishment case, the custodian is limited to a prior-period support obligation or arrearage not exceeding three years before either the date of application with any Title IV-D agency, the date of filing with a court of competent jurisdiction, or the date of […]
25-7A-22. Petition for modification of child support–Hearing–Referee’s report–Objections–Service–Objection to modification of report. If the support order was entered in this state and this state maintains continuing exclusive jurisdiction over the support order pursuant to chapter 25-9C, or if the support order was registered in this state and the requirements of §25-9C-611 or 25-9C-613 are satisfied, […]
25-7A-23. Order for withholding of income or property–Written agreement in lieu of order. Upon entry or modification of any order for support, an order for withholding of income or property shall be entered, which shall take effect immediately, unless the obligor or obligee demonstrates, and the court finds, that there is good cause not to […]
25-7A-24. Order for withholding of income served upon obligor where delinquent or support arrearage owed. If an order for support does not contain a provision for immediate withholding of income or property and an obligor becomes delinquent in any part of the payment of support obligations pursuant to the order for support, or an arrearage […]
25-7A-26. Petition to stay service of order for withholding–Grounds. The obligor may contest the order for withholding of income by filing a written request for administrative review with the department within ten days after service of the order. The grounds for contesting the withholding shall be limited to: (1)A dispute concerning the existence or amount […]
25-7A-3. Subrogation right of department. The Department of Social Services is a party in interest and is subrogated to the right of any dependent child or custodian to prosecute or maintain any support action or execute any administrative remedy existing under the laws of this state to obtain reimbursement of public money expended for or […]
25-7A-3.1. Designation of Department of Social Services as state child support case registry–Duties. Beginning October 1, 1998, the Department of Social Services is designated as the state child support case registry, and shall collect, maintain, update, and monitor child support enforcement records by use of an automated system, for all child support orders being enforced […]
25-7A-3.2. Designation of Department of Social Services as state child disbursement unit–Collection and disbursement procedures. Beginning October 1, 1998, the Department of Social Services is designated as the state child support disbursement unit. The department shall use automated procedures for the collection and disbursement of child support payments for all support orders being enforced by […]
25-7A-3.3. State directory of new hires–Reporting requirements–Multistate employers–Use of information by department. By October 1, 1997, the Department of Social Services shall establish a state directory of new hires. The department may enter into cooperative agreements with other state agencies to satisfy the provisions of this section. Effective October 1, 1997, every employer within the […]
