North Dakota Department Of Human Services. How Is Paternity Established?

Tue, 29 May 2007 21:19:00 GMT

A support order cannot be established for a child who is born to unmarried parents until the alleged father is determined to be the father. This determination may be made through an acknowledgment of paternity or by involvement of a court. If the alleged father denies he is the father, or is not sure he is the father, genetic testing of the mother, child, and alleged father may be conducted. Genetic tests are highly accurate; their results indicate a probability of paternity and can establish a legal presumption of paternity. These tests can exclude a man who is not the father and can also indicate the likelihood of paternity if he is not excluded. There are many benefits to establishing paternity besides those involving establishing a support order. These include providing basic emotional, social and economic ties between a father and his child. Once paternity is established legally, a child gains legal rights and privileges. Among these may be rights to inheritance, the father`s medical and life insurance benefits, and social security and possibly veterans` benefits. The child also has a chance to develop a relationship with the father, and to develop a sense of identity and connection to the other half of his or her family.

Can I Have My Child Support Check Deposited Directly Into My Checking Or Savings Account?

Sat, 14 Jun 2008 04:00:11 GMT

The SDU presently does not offer this service, but we expect to have it available in the future. We will be notifying everyone with that option when it`s set up, probably more around the first of the year 2001.

Can I Have The Amount Of My Order Reviewed?

Tue, 29 May 2007 21:19:00 GMT

The RCSEU can review your child support order, if you have applied for IVD services and it has been at least three years since the order was established or reviewed . If you have not applied for services with the CSEU, you may want to open a case so that they can assist you. You can also have a private attorney assist you. The SDU and the Clerks of Court are not able to review your order.

How Long Does It Take The Check To Get To Me Once It Is Received By The State Disbursement Unit (Sdu)?

Mon, 04 Jun 2007 21:51:22 GMT

Generally a payment is received and processed by the SDU the same day, However, there have been peak days, usually around the first of the month, that the receipting team has fallen behind resulting in one day carryover for a portion of the receipts. Once a payment is receipted and processed, the checks are written that night and mailed to the family the next business day.

I Haven't Received A Payment For Several Months. How Do I Go About Having The Child Support Money Taken Out Of The Non-Custodial Parent's Paycheck?

Tue, 29 May 2007 21:19:00 GMT

If you have a case with a Regional Child Support Enforcement Unit, you will need to contact that Unit. If you do not have a case with a Regional Child Support Enforcement Unit, you will need to contact the Clerk of Court. They will assist you with enforcement issues of your case.

I Haven't Received My Payment Yet. Did You Receive It?

Tue, 29 May 2007 21:19:00 GMT

To check on the status of your payment, call the automated information line at 7013285440 or our nationwide toll free number at 8002314255. Please have your social security number available. The automated information line will give you the date and the amount of the last payment sent to you. The information is updated nightly to include that day`s receipts. We can only issue funds that have been sent to us from the noncustodial parent or the employer.

If My Child Graduates From High School In May Of This Year And Does Not Turn 18 Until August, Will I Still Receive Child Support?

Tue, 29 May 2007 21:19:00 GMT

The best answer is to review the court order that awarded child support on behalf of your child, as there may be a provision that outlines when the child support terminates.

In North Dakota, Can a Spouse Give Up His or Her Right to Alimony in a Premarital Agreement?

Sun, 12 Jul 2009 01:42:46 GMT

Yes, North Dakota law allows spouses to include modification or elimination of spousal support in their prenuptial agreement. However, if that modification or elimination of spousal support would cause one of the spouses to be eligible for public assistance at the time of the separation or divorce then the Court may require the other spouse to pay alimony.

Is There Help Available To Custodial And Non-Custodial Parents In The Area Of Establishing And Enforcing Child Support?

Mon, 04 Jun 2007 21:51:22 GMT

Yes. A custodial or noncustodial parent may apply for Child Support Enforcement services. There is no application fee. Application forms may be obtained from any Regional Child Support Enforcement Unit or the State Child Support Enforcement Agency. Child Support services include: locating absent parents, establishing paternity, establishing child and medical support orders, reviewing child support orders, and enforcing support orders.

My Child(Ren)'s Absent Parent Owes Back Child Support (Arrears) And I Was Wondering If I Have To Sign A Form To Start The Tax Intercept Process?

Mon, 04 Jun 2007 21:51:22 GMT

No, you are not required to fill out a form to start the tax intercept process. All IVD cases (cases handled by the RCSEU Regional Child Support Enforcement Units) that meet the criteria are automatically submitted to the IRS and to the North Dakota Tax Department requesting that any tax refund be sent to the Sate Disbursement Unit so it can be applied to the child support arrears. The submission requirements when the arrears are owed to the family are that the children be under 18, the past due child support is over $500, and it has been overdue for more than three months. The submission requirements when arrears are owed to the state are that the past due child support is over $150, and it`s been overdue for more than three months. Money received through state tax intercept is applied to arrears owed the family first. Federal distribution rules require that money received through federal tax intercept be applied to arrears owed the state first.

My Court Order Says That My Child Support Payment Is Due On The First Of The Month, So Why Don't I Receive It On The First?

Tue, 29 May 2007 21:19:00 GMT

There are several reasons why you might not receive your payment on the first: your case circumstances, mail delivery, volume of payments we receive, payment method and accuracy of the information we receive. For example, when someone pays early, our computer system will establish the amount due on the night of the 31st, the payment is recognized on the first and the check mailed on the second. We work to ensure that once your payment reaches us, the payment will be posted and distributed within two working days or less.

North Dakota Department Of Human Services. What Are Child Support Orders?

Tue, 29 May 2007 21:19:00 GMT

Child support obligations are calculated using the North Dakota Child Support Guidelines. These guidelines are based upon the noncustodial parent`s income and factor in multiple family situations, consideration of income for underemployment and unemployment, selfemployment, and extended visitation. It is presumed that the amount of child support that would result from the application of the child support guidelines is the correct amount. A court may deviate from the presumed amount for reasons provided for in the guidelines if a preponderance of the evidence establishes that the amount established under the guidelines is not the correct amount of child support. The reasons for deviating from the guidelines take into consideration the best interests of the child.

North Dakota Department Of Human Services. What Is Child Support Enforcement?

Tue, 29 May 2007 21:19:00 GMT

North Dakota`s Child Support Enforcement program is a joint effort of federal, state, and county governments to secure support payments for children whose parents are not both in the home. Its goals are (1) to ensure that children are supported by their parents; (2) to foster family responsibility; and (3) to reduce the cost of welfare. The program has the responsibility of implementing Title IVD of the Social Security Act in the state. This involves locating absent parents, establishing paternities, establishing child support and medical support orders, and enforcing and periodically reviewing those orders. These services are provided to households who receive TANF and Medicaid benefits and are also available to anyone who makes application for services. In addition, a referral is made to the program on foster care cases to permit the recovery of foster care expenses from the responsible parents. In North Dakota, the Child Support Enforcement program is statesupervised and countyadministered. The state supervision occurs through the Child Support Enforcement Agency, a division of the Department of Human Services. Most casework is provided at local, county offices. There are eight of these Regional Child Support Enforcement Units located throughout North Dakota: Bismarck, Dickinson, Williston, Minot, Devils Lake, Grand Forks, Fargo, and Jamestown.

North Dakota Department Of Human Services. What Is The Review And Adjustment Process?

Tue, 29 May 2007 21:19:00 GMT

Establishing child support obligations in accordance with the North Dakota Child Support Guidelines does not ensure that orders, over time, continue to meet the support standards set by the guidelines. To address this concern, orders may be periodically reviewed, and if appropriate, adjusted to the guideline amount. Regional Child Support Enforcement Units (RCSEU) will periodically review orders for this reason. Reviews will be undertaken in cases where it has been at least 35 months since the order was entered or last reviewed. In cases in which the family entitled to support is receiving public assistance under TANF, the RCSEU will initiate and complete a review even if neither party requested a review. This is because the rights to support in those cases are assigned to the Department of Human Services. In cases where the family entitled to support is not receiving public assistance under TANF, the RCSEU will only initiate the review upon the written request of either the custodial parent or noncustodial parent. If a parent wishes to pursue an adjustment of the order and it has been less than 35 months, such action must be taken privately.

The Non-Custodial Parent Lives In Another State And Has Quit Paying Child Support. What Can Be Done To Get Payments To Start Again?

Tue, 29 May 2007 21:19:00 GMT

Once a case is established with the Child Support Enforcement program, the Regional Child Support Enforcement Unit (RCSEU) can take different actions to enforce child support when the noncustodial parent lives in another state. If an employer is identified, the RCSEU may attempt to implement Direct Income Withholding to the noncustodial parent`s employer in the other state. The RCSEU may request assistance from the other state to enforce the support order. Once this request is made, the other state is responsible for taking any actions appropriate under their state laws to enforce the support order.

What Do I Do If Something Has Happened To A Check I Received?

Tue, 29 May 2007 21:19:00 GMT

You should notify the State Office of Child Support and report the incident. Depending on what has happened to the check, the staff will advise you of the procedures we are required to follow. This is a timeconsuming process and not just a matter of calling the bank to stop payment.

What Happens If The Automated System Tells Me A Check Was Mailed On February 10th And It Is Now February 15th?

Tue, 29 May 2007 21:19:00 GMT

We will not begin the process of stopping payment until a check has been missing for 20 days after issuance. After 20 days, please notify the State Office of Child Support and we will advise you of the next steps. This is a timeconsuming process but until the 20 days has passed, there is little we can do.

What Methods Are Used By The Child Support Enforcement Program To Collect Child Support?

Tue, 29 May 2007 21:19:00 GMT

The most effective method for collection is through income withholding, in which the appropriate amount is withheld by an employer from the noncustodial parent`s income. Some other methods include contempt of court proceedings, intercepting federal and state income tax refunds, and reporting to credit reporting agencies.

What Steps are Necessary to Enter a Valid Premarital Agreement in North Dakota?

Sun, 12 Jul 2009 02:27:18 GMT

The North Dakota Uniform Premarital Agreement Act requires that premarital agreements be in writing and signed by both parties. In order to be valid, the agreement must be made voluntarily by both parties and not be unconscionable. Both parties must provide fair and reasonable disclosure of their property and financial obligations to the other party. North Dakota state law is specific as to the matters which may be included in the agreement. A premarital agreement may be amended once the parties are married if both parties agree to the amendment in writing.

When I Want Information Regarding My Child Support Payment, What Is Quickest And Easiest For Me To Do?

Tue, 29 May 2007 21:19:00 GMT

The autoattendant line has proven to be a very useful tool for recipients in obtaining information about the last payment mailed to them. SDU encourages the use of this line to access information rather than calling the SDU, Regional or Clerk of Court office for the same information. In August, the autoattendant line handled over 15,000 calls. We would prefer to have staff answer the calls but do not have enough staff to provide both that personal service and still process payments. The autoattendant number is 18002314255 or (701) 3285440. You would then follow the instructions to get to the option you need.

Who Can Answer Questions About My Court Order?

Tue, 29 May 2007 21:19:00 GMT

The Clerk of Court or Regional Child Support Enforcement Unit (RCSEU), if you are receiving services from the RCSEU, should have copies of your court order and may be able to answer your questions. If you need a copy of your order or you believe that it was entered incorrectly on FACSES, you can contact either the Clerk or the RCSEU. The State Disbursement Unit does not have a copy of the order and only has access to the information that the Clerk of Court entered on FACSES. Your private attorney, if you hired one, should also have copy of your order and may be in the best position to answer questions or refer you to the proper source.

Who Can Help Me If The Obligor Is Not Sending In The Child Support Payments?

Tue, 29 May 2007 21:19:00 GMT

If you do not have a case open with a Regional Child Support Enforcement Unit (RCSEU), the Clerk of Court may be able to issue an Income Withholding Order to the obligor`s employer so that the child support amount is deducted from the obligor`s paycheck. The clerk can also schedule a hearing at which the obligor must show why the payments have not been made. If you have applied for services, the RCSEU can take these actions and may also be able to take other enforcement action to help you get your child support. If you do not have a case open with a RCSEU, you may want to contact them to see what services they can provide to you.

Who Do I Contact If I Have A Question About A Tax Intercept To Collect On Past Due Child Support?

Tue, 29 May 2007 21:19:00 GMT

The Regional Child Support Enforcement Unit in your region can answer most questions for both the State and Federal Tax Offset Programs. The State Disbursement Unit can answer only questions regarding the North Dakota State Tax Injured Spouse Program. The Clerk of Court will be able to answer your questions regarding the dates payments have been credited to your account and how much has been credited only after the tax intercept has actually been received.

Who Do I Contact To Change My Name Or Address?

Tue, 29 May 2007 21:19:00 GMT

Please submit your new information in writing to: State Disbursement Unit, P.O. Box 7280, Bismarck, ND 585077280, or emai it to: sosdu@state.nd.us. Be sure to include the effective date of the address change, your social security number and/or your assigned person number.

Why Do I Receive A Lesser Amount Than I Had Normally Received From The Clerk Of Court?

Tue, 29 May 2007 21:19:00 GMT

There may be a number of reasons. Generally, we pay out current support, the amount due this month, the day after we receive it, up to the monthly amount established by the court order. We understand that some clerks paid out all the funds received regardless of the monthly amount owed. We are also aware of some situations where funds received from a parent were paid to one of their cases while their other cases received lesser or no payments. Also, funds received through income withholding may be handled differently than payments received by check. We pay the amounts from the paying parent first for this month`s support and then to amounts unpaid from earlier months. There may also be other reasons, depending on the facts unique to your case. We will be expanding on this answer more fully in future months.

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