§ 50-09-35 — Child support deduction order

1. The state agency, directly or through agents, may issue an order requiring an income
payer to deduct the amount identified in the order from the portion of any lump sum
payment to an obligor that has been withheld under section 14-09-09.34.

2. The state agency, directly or through agents, may issue an order requiring a financial
institution to deduct the amount identified in the order from any account of the obligor
maintained in the financial institution.
3. The state agency shall serve the order on the income payer or financial institution in
the manner provided for service of a summons in a civil action or in any other manner
agreed to by the income payer or financial institution. The state agency shall serve a
copy of the order upon the obligor by first-class mail to the obligor's last-known
address, along with a notice of the obligor's right to claim that the property is exempt
from legal process under section 28-22-02, the right to request an informal review by
the state agency within ten days of the date of the notice, and the right of the obligor
and any other aggrieved person to a review by a court under section 50-09-14. If an
informal review is requested under this subsection, the time for requesting a review by
a court under section 50-09-14 does not expire until thirty days after the informal
review is completed.
4. The income payer or financial institution shall deduct the amount identified in the order
or the balance of the account, whichever is less, and transmit the funds to the state
disbursement unit within seven business days of the date the order is served.
5. An order issued under this section has priority over any other legal process against the
same account, except to the extent necessary to satisfy any right of setoff which exists
in connection with an account, payment orders that were made by the obligor before
the financial institution was served with the order, or other obligations of the obligor
based upon written agreements or instruments made or issued by the obligor before
the financial institution was served with the order.
6. An income payer or financial institution may also withhold and retain an additional sum
of three dollars from the obligor's account or from the amount retained under section
14-09-09.34 to cover expenses involved in transmitting payment.
7. An income payer or financial institution receiving an order under this section is subject
to the same duties and liabilities as an income payer under section 14-09-09.3 unless
the context indicates otherwise and is immune from suit or liability for complying with
an order under this section.