North Dakota Administrative Code
Title 75 - Department of Human Services
Article 75-02 - Economic Assistance
Chapter 75-02-04.2 - State Disbursement Unit
Section 75-02-04.2-02 - Fees for child support enforcement services

Universal Citation: ND Admin Code ยง 75-02-04.2-02

Current through Supplement No. 394, October, 2024

1. For purposes of this section, "year" means federal fiscal year.

2. Unless subsection 3 applies, an individual who is an obligee in a IV-D case and who has never received assistance under the aid to families with dependent children program or temporary assistance for needy families program and for whom the child support agency has collected and disbursed at least five hundred dollars in child support in any given year will be assessed an annual fee of twenty-five dollars. The child support agency will retain the fee from child support collected on behalf of the obligee.

3. An obligee in a IV-D case is exempt from the fee assessed under subsection 2 if:

a. The child support agency is providing services as a responding jurisdiction in an interjurisdictional case; or

b. The obligee is a medicaid recipient who has opted out of child support enforcement services.

4. Unless subsection 5 applies, an individual who is an obligee in a non-IV-D case, or who is an obligee in a IV-D case but who has opted out of child support enforcement services, and for whom child support

has been received in a given month will be assessed a monthly fee of two dollars and ten cents or the amount of child support received for that month, whichever is less. The child support agency will retain the fee from support received.

5. A non-IV-D case is exempt from the fee assessed under subsection 4 if the case is a former IV-D case that was closed by the child support agency because:

a. The obligor's location was unknown;

b. The obligor was institutionalized in a psychiatric facility, incarcerated with no chance of parole, or has a medically verified total and permanent disability with no evidence of support potential; or

c. The obligor was a citizen and resident of a foreign country with which the state does not have reciprocity.

General Authority: NDCC 50-06.3-02, 50-09-02

Law Implemented: NDCC 14-09-09.36, 50-06.3-02; 42 USC 654(6)(B)(ii)

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