N.D. Cent. Code § 14-09-09.34
14-09-09.34. Lump sum payments
14-09-09.34. Lump sum payments
1. An income payer who has been served with an income withholding order issued under
section 14-09-09.15 for an obligor which includes an amount for past-due support shall
notify the child support agency before making any lump sum payment of one thousand
dollars or more to the obligor and may report a lump sum payment of an amount less
than one thousand dollars or of an amount yet to be determined. "Lump sum payment"
includes pay in lieu of vacation or other leave, bonus, commission, and any other
payment to an obligor but does not include periodic payments made on regular
paydays as compensation for services, severance pay, or advances, and does not
include reimbursement for expenses incurred by the obligor on behalf of the income
payer.
2. An income payer who provides notice of a lump sum payment to the child support
agency under subsection 1 may not make more than one-half of the payment to the
obligor for thirty days from the date of the notice to the child support agency or until the
income payer receives written authorization from the child support agency to make the
lump sum payment to the obligor, whichever occurs first.
3. Notwithstanding subsection 2, an income payer who provides notice of a lump sum
payment to the child support agency under subsection 1 may not make a lump sum
payment to an obligor if the income payer has been notified that an execution,
garnishment, attachment, or other process has been initiated regarding the lump sum
payment to satisfy a child support obligation of the obligor.
4. An income payer who owes a lump sum payment under this section is subject to the
duties and liabilities in section 14-09-09.3 unless the context indicates otherwise.
5. This section does not apply to any portion of a lump sum payment that must be paid to
satisfy an income withholding order issued under section 14-09-09.15.