N.D. Cent. Code § 14-09-09.16
14-09-09.16. Service of income withholding order on income payer
14-09-09.16. Service of income withholding order on income payer
1.
The child support agency shall serve the income withholding order on the income
payer by first-class mail or in any other manner agreed to by the income payer, and
upon the obligor by first-class mail to the obligor's last-known address.
2.
If the obligor is subject to immediate income withholding under section 14-09-09.24, an
income withholding order must be served on any known income payer within two
business days of the date of receipt of information necessary to carry out income
withholding. Subject to the provisions of section 14-09-09.17, if service of an income
withholding order has been or may have been properly made under this section, an
income withholding order must be served on any subsequently identified income payer
within two business days of the date of receipt of information necessary to carry out
income withholding.
3.
An income withholding order may also be issued and served at the request of the
obligor.
4.
The income payer shall withhold a stated amount, determined under section
14-09-09.30, from the obligor's income at the time the obligor is paid for transmittal to
the child support agency within seven business days of the date the obligor is paid,
together with a report of the date upon which the amount was withheld from the
obligor's income.
5.
The income payer may also withhold and retain an additional sum of three dollars per
month from the obligor's income to cover expenses involved in transmitting payment.
6.
The amount to be withheld, including amounts to cover expenses involved in
transmitting payment, may not exceed fifty percent of the obligor's disposable income
from this income payer, but a payment of an amount less than the ordered amount
must be accompanied by a written calculation disclosing any of the obligor's income
and disposable income which is payable by the income payer.
7.
The income payer shall begin withholding no later than the first payday that occurs
after service of the income withholding order.
8.
If the income payer is served with more than one income withholding order issued
under this chapter on a single obligor and the combined total amount to be paid under
the income withholding orders exceeds fifty percent of the obligor's disposable income,
the income payer shall withhold the maximum amount permitted and transmit to the
child support agency that portion thereof which the obligee's claim bears to the
combined total of all claims.
9.
The income payer shall notify the child support agency in writing of the termination of a
duty to pay income to the obligor within seven business days of the termination. The
notification must include the name and address of the obligor's subsequent income
payer, if known.
10.
If the income payer is subject to income withholding orders for more than one obligor,
the income payer may combine in a single payment the amounts for all obligors who
have been ordered to pay the child support agency with identification of the amount
attributed to each obligor.