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Legal Statutes: North Dakota

UPDATED December 17, 2015

North Dakota Statutes

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Chapter 14-08.1. Civil Remedies for Child Support

back to top14-08.1-05. Support order to be judgment

1. Any order directing any payment or installment of money for the support of a child is, on and after the date it is due and unpaid:

a. A judgment by operation of law, with the full force, effect, and attributes of a judgment of the district court, and must be entered in the judgment docket, upon filing by the judgment creditor or the judgment creditor's assignee of a written request accompanied by a verified statement of arrearage or certified copy of the payment records maintained under section 50-09-02.1 and an affidavit of identification of the judgment debtor, and otherwise enforced as a judgment;

b. Entitled as a judgment to full faith and credit in any jurisdiction which otherwise affords full faith and credit to judgments of the district court; and

c. Not subject to retroactive modification.

2. The due and unpaid payments and any judgment entered in the judgment docket pursuant to this section are not subject to the statutes of limitation provided in chapter 28-01. Such judgments may not be canceled pursuant to section 28-20-35. For such judgments, the duration of a lien under section 28-20-13 and the period during which an execution may be issued are not subject to the time limitations in chapters 28-20 and 28-21.

3. Failure to comply with the provisions of a judgment or order of the court for the support of a child constitutes contempt of court. All remedies for the enforcement of judgments apply. A party or the party's assignee may also execute on the judgment, and the obligor is entitled only to the exemptions from process set forth in section 28-22-02.

4. This section applies to all child support arrearages, whether accrued before or after the effective date of this section. Upon request of the county social service board director or the executive director of the department of human services, the state's attorney of any county furnishing public assistance or county general assistance shall commence any appropriate action or proceeding under sections 14-08.1-02 and 14-08.1-03, in which case fees for filing and service of process may not be charged or collected.
S.L. 1987, ch. 181, § 1; S.L. 1993, ch. 89, § 5; S.L. 1997, ch. 404, § 5; S.L. 1999, ch. 140, § 1; S.L. 2001, ch. 152, § 1.