What are the penalties if the other parent is not paying the child support owed?
If the other parent owes past-due child support, the judge can require him/her to:
- pay past-due support in amounts agreed upon in a plan that is approved by the court or by the child support agency;
- participate in any “work activities” (as defined by law) that the judge believes are appropriate (unless s/he is incapacitated); and
- participate in treatment for mental illness or drug or alcohol dependency if appropriate.1
If the parent owes more than three months of past-due support (arrears) and s/he is not following the court-established plan to repay the unpaid child support arrears, the judge can order a suspension (or withholding) of the parent’s driver’s license and occupational, professional, or recreational certificate, permit, or license. However, the parent would then have 30 days to pay the full amount owed in order to avoid the suspension or withholding from taking effect.2
1 N.D.C.C. § 14-08.1-05.1(1)
2 N.D.C.C. §§ 14-08.1-06; 14-08.1-07