FAQs - Frequently Asked Questions
Q. I owe past-due support and I'm making payments regularly. Why am I subject to enforcement action?
A. Certain enforcement, such as intercepting taxes, reporting to credit bureaus, and denying passports is automatic and continues until the past-due amount is paid in full. Other enforcement is suspended as long as you continue to make regular payments.
Q. I owe past-due support because I made some mistakes in the past. I want to get right with Child Support – what should I do?
A. Contact your case worker to discuss your current situation. Child Support has tools available to assist you with getting your case on track including:
- Payment Plan – this can lead to suppression of interest charges.
- Review Order – as situations change the support amount can too.
- PRIDE – a program to assist with employment opportunities.
Q. I owe past-due support so the other parent won't let me see my children. What can I do?
A. Parenting time and child support are rights of the child and are two separate issues. It is not okay for one parent to deny parenting time to the other. The Child Support program doesn't provide services relating to parenting time, but a family law attorney should be able to help.
- State Bar Association of North Dakota – can provide assistance obtaining an attorney.
- ND Supreme Court – has a Self Help Center which provides resources to parent who wish to represent themselves in North Dakota courts.
Q. I am the parent who should receive support. I haven't received much support and need help. What should I do?
Q. I don’t know where the parent who owes past-due support lives or works. Can Child Support still enforce payments?
A. Child Support has many resources available to locate parents including the Federal Parent Locator Service. Provide whatever information you have about the other parent to Child Support to assist in locating that parent. It’s very helpful if you provide the social security number.
Q. The parent who owes past-due support lives in a different jurisdiction (in a different state, country, on an Indian Reservation). Can Child Support still take enforcement action?
A. Child Support can issue an income withholding order to the employer of the parent who pays support. Child Support can also do certain enforcement such as intercept tax refunds and report the past-due amount to credit bureaus. If we do not get payments, we may ask the jurisdiction where the other parent lives to assist with enforcement.
Q. My support order says child support is due on the 1st of the month. It is the 8th now. Are you going to take enforcement action?
A. Support is due no later than the date the court ordered. Child Support will take increased enforcement actions the longer support goes unpaid.
Q. Child Support is suspending my driver’s license. How am I supposed to get to work if I don’t have a driver’s license?
A. Contact your caseworker immediately. License suspension is an extreme enforcement action that Child Support takes very seriously. This action is only taken when other actions aren’t leading to payments. Your caseworker will explain what you need to do to avoid license suspension.
Q. My children are in their 30s. Why do I still have to pay child support?
A. An unpaid child support balance doesn't get discharged when children turn 18 or when someone files for bankruptcy. The balance remains owing until it is paid in full.
Q. Why is Child Support involved with my spousal support obligation?
A. When child support and spousal support are owed to the same parent and are part of the same court order, the payments for both must be processed by the State Disbursement Unit. Law requires child support payments to be processed by the State Disbursement Unit and spousal support is included in the definition of child support. Both child support and spousal support become assigned to the state if certain types of public benefits are paid out. Child Support does not have the authority to establish a spousal support obligation.