If North Dakota cannot proceed with a case because one of the parents lives in a different jurisdiction, North Dakota will refer the case to the Child Support agency in the jurisdiction where the other parent lives. This is called an outgoing intergovernmental case. There are many federal laws and rules governing intergovernmental case management to ensure families receive similar services wherever they live.
Progression of an Outgoing Intergovernmental Case
Videos and Sample Forms with Instructions
FAQs
The OIC is a team of child support professionals that specialize in intergovernmental case management. They work with parents receiving full services in North Dakota and with the other jurisdiction to establish parentage, establish or modify child support orders, and enforce orders.
North Dakota will refer a case to another jurisdiction when it lacks the authority or ability to take the next necessary action in the case without the assistance of the other jurisdiction.
Yes. In most cases, you will receive a letter and form(s) to complete. You may also be asked to provide additional information to Child Support. The forms and additional information will be provided to the other jurisdiction.
You will continue to communicate with North Dakota Child Support when you have questions or updated information to report.
Certain federal forms are required to be completed in intergovernmental cases. The forms include questions about you, your child, and the other parent. You will be asked to provide information about health insurance coverage, your legal relationship with the other parent, and family and financial information about you and the other parent. This information will be forwarded to the other jurisdiction to help determine what actions need to be taken. For assistance with completion of the forms, please watch the short video or reference the General Testimony sample form and the Declaration in Support of Establishing Parentage sample form or contact Child Support. It is important that the forms are completed thoroughly and accurately and returned to Child Support within 15 days.
The caseworker at the OIC will send the forms to the Child Support agency in the jurisdiction where the other parent lives. The assigned worker in the other jurisdiction will gather information about the parent that lives there, including possibly reaching out to the parent to learn about their circumstances. Certain actions cannot be taken until the parent is served with a legal notice. This is sometimes called personal service.
North Dakota will consider referring your case to the other jurisdiction if the case is receiving full services in North Dakota, all appropriate enforcement actions have been taken by North Dakota, and yet there are no payments or very sporadic payments.
Yes. North Dakota will determine which jurisdiction has the authority to establish parentage. If North Dakota does not have the authority to establish parentage, North Dakota will gather information from the parent that is receiving full services in North Dakota and refer the case to the other jurisdiction. The other jurisdiction may arrange genetic (DNA) tests for both parties and the child(ren). Genetic testing can be done where each parent lives. Parents are not generally required to travel to another jurisdiction for genetic tests.
Yes. North Dakota will determine which jurisdiction has legal authority to establish a child support order. If North Dakota does not have the authority to establish an order, North Dakota will gather information from the parent that is receiving full services in North Dakota and refer the case to the other jurisdiction. The local laws and guidelines of the other jurisdiction will determine how the support amount is calculated.
Yes. Many factors determine which jurisdiction has the authority to review and change the support amount such as:
- Where the support order was issued
- Where the parent requesting the review lives
If you are the parent receiving full services in North Dakota and would like a review of the support amount, submit a written request to North Dakota Child Support asking for a review.
Unfortunately, it is impossible to answer this question with certainty. No support is due until the order is entered, and certain establishment and enforcement actions cannot be taken until the other parent is located and served with a legal notice. Child Support has many enforcement tools available to encourage payments, but the other parent’s circumstances and cooperation substantially affect the course of the case, including when to expect payments and the consistency of payments.
The other jurisdiction can take legal action against the parent that lives there. This may include a court hearing, and in extreme cases, the other parent may be ordered to serve time in jail. Driver’s license, vehicle registration, or other licenses issued to the other parent by that jurisdiction may be suspended. Financial accounts, including Individual Indian Money (IIM) accounts, may be garnished to cover past-due child support.
North Dakota Customer Service is available to answer any questions you have. In addition, you may be sent letters from North Dakota Child Support notifying you of actions on your case. It is important to keep your address updated with North Dakota Child Support.
Yes. If the other parent moves out of the jurisdiction enforcing the case, that jurisdiction may close the case and send it back to North Dakota. North Dakota will reassess the case to see if intergovernmental action is still needed. Additionally, the other jurisdiction may determine it simply cannot proceed because of the circumstances of the parent living in that jurisdiction. For example, some jurisdictions do not take action against a person who is receiving certain public benefits.
- Complete forms thoroughly and accurately.
- Return them to Child Support within the required timeframes.
- Keep Child Support informed. Let Customer Service know anytime you have updated information about the other parent. The information will be forwarded to the OIC caseworker and the caseworker in the other jurisdiction.
Child Support can help establish parentage with genetic (DNA) testing. North Dakota will work with you and the other jurisdiction to arrange testing. Many jurisdictions, including North Dakota, will generally not establish a child support amount against a parent who is incarcerated.
Timeframes can vary. Intergovernmental action is very complex and often requires personal service on the parent in the other jurisdiction. Personal service means local law enforcement presents the parent in that jurisdiction with legal documents. If the parent cannot be located for personal service, the case cannot proceed. Thus, cooperation from the parent in the other jurisdiction is often critical for the process to proceed efficiently. Missing appointments and not returning documents timely can also cause delays.
Some courts may require you to attend certain hearings, but you will not be required to travel and attend in person. Arrangements may be made for you to attend by phone or some other electronic means. If you receive a notice to attend a hearing in another jurisdiction and have questions about participating in the hearing, immediately contact North Dakota Child Support for assistance.
General Testimony Form
Declaration in Support of Establishing Parentage Form
An electronic signature is required on the electronic forms (simply typing your name in the signature line is not acceptable). Photos of completed form cannot be accepted. Save or scan your signed form and attach it to an email to childsupport@nd.gov.