N.D. Cent. Code § 14-09-09.10
14-09-09.10. Definitions
14-09-09.10. Definitions
For the purposes of this chapter, unless the context or subject matter otherwise requires:
1. "Arrears registry" means the registry maintained under section 50-09-02.7.
2. "Business day" means every day that is not a Saturday or legal holiday.
3. "Child support" means payments for the support of a child, including payments for
health insurance coverage or other medical support, and payments for the support of
spouses or former spouses with whom the child is living as long as the spousal
support payment is owed to the spouse or former spouse under the same order as the
payments for the child, if the payment is required by the order of a court or other
governmental agency having authority to issue such orders, and includes past-due
support.
4. "Child support agency" means the department of health and human services in
execution of its duties pursuant to the state plan submitted under chapter 50-09 in
conformance with title IV-D of the Social Security Act [Pub. L. 93-647; 88 Stat. 2351;
42 U.S.C. 651 et seq.].
5. "Delinquent" means a situation which occurs on the first working day after the day
upon which a child support payment was identified as due and unpaid, and the total
amount of unpaid child support is at least equal to the amount of child support payable
in one month.
6. "Disposable income" means gross income less deductions required by law for taxes
and social security.
7. "Employer" means income payer.
8. "Health insurance" includes fees for service, health maintenance organization,
preferred provider organization, comprehensive health association plan, accident and
health insurance policies, group health plans as defined in section 607(1) of the
Employee Retirement Income Security Act of 1974 [Pub. L. 99-272; 100 Stat. 281; 29
U.S.C. 1167(1)], and other types of coverage under which major medical coverage
may be provided in a policy, plan, or contract which may legally be sold or provided in
this state.
9. "Income" means any form of payment, regardless of source, owed to an obligor,
including any earned, unearned, taxable or nontaxable income, workforce safety and
insurance benefits, disability benefits, unemployment compensation benefits, annuity
and retirement benefits, but excluding public assistance benefits administered under
state law.
10. "Income payer" means any person, partnership, firm, corporation, limited liability
company, association, political subdivision, or department or agency of the state or
federal government owing income to an obligor and includes an obligor if the obligor is
self-employed.
11. "Monthly support obligation" means an amount of child support ordered by a court or
administrative tribunal in a proceeding to establish or modify a child support obligation,
including amounts that are deferred for payment at a later date. The term is defined
without regard to any amount of child support that an obligor is required to pay to avoid
being held in contempt of court. If an amount of past-due support has been ordered as
a lump sum rather than determined on a monthly basis, "monthly support obligation"
means one hundred sixty-eight dollars.
12. "Obligee" means a person, including a state or political subdivision, to whom a duty of
support is owed.
13. "Obligor" means any person owing a duty of support.
14. "Past-due support" means child support that is not paid by the earlier of:
a. The date a court order or an order of an administrative process established under
state law requires payment to be made; or
b. The last day of the month or other period the payment was intended to cover.
15. "Payday" means the day upon which the income payer pays or otherwise credits the
obligor.
- Public laws referenced
- Pub. L. 93-647Pub. L. 99-272