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North Dakota Century Code Title 14. Domestic Relations and Persons § 14-09-08.11. (Contingent effective date--See note) Eligible child--Employer to permit enrollment--Employer duties and liabilities--Obligor contest

Current as of January 01, 2024 | Updated by Findlaw Staff

1. When an obligor is required to cover a child as a beneficiary under section 14-09-08.10, the child is eligible for health insurance coverage as a dependent of the obligor. If health insurance coverage required under section 14-09-08.10 is available through an employer, the employer must:

a. Permit the obligor to enroll under family coverage any child who is otherwise eligible for coverage without regard to any open enrollment restrictions;

b. If the obligor is enrolled but fails to make application to obtain coverage for the child, enroll the child under family coverage upon application by the obligee;

c. Upon receipt of the national medical support notice issued under section 14-09-08.20:

(1) Comply with the provisions of the national medical support notice; and

(2) Transfer the national medical support notice to the insurer that provides any such health insurance coverage for which the child is eligible, within twenty business days after the date of the national medical support notice;

d. Not disenroll or eliminate coverage for any child unless the employer has eliminated family health coverage for all of its employees or the employer is provided satisfactory written evidence that:

(1) The order issued under section 14-09-08.10 is no longer in effect; or

(2) The child is or will be enrolled in comparable coverage that will take effect no later than the effective date of disenrollment;

e. Withhold from the obligor's compensation the obligor's share, if any, of premiums for health insurance coverage and pay this amount to the insurer;

f. If the amount required to be withheld under subdivision e, either alone or when added to the total of any withholding required by an order issued under section 14-09-09.15, exceeds fifty percent of the obligor's disposable income, withhold fifty percent of the obligor's disposable income;

g. In the case of an obligor contest under subsection 2, initiate and continue withholding until the employer receives notice that the contest is resolved; and

h. Promptly notify the child support agency, in the same manner as required under subsection 9 of section 14-09-09.16, whenever the obligor's employment is terminated.

2. The obligor may contest the withholding provided for in subdivision e of subsection 1 by filing a request for a hearing within ten days of the date of the national medical support notice issued under section 14-09-08.20. If the obligor contests that withholding, the court shall confirm the withholding in the absence of a finding:

a. Of a mistake of fact; or

b. The obligee is required to provide health insurance coverage pursuant to section 14-09-08.10.

<Text of subsec. 3 effective until certification of rules; see note>

3. The withholding provided in subdivision e of subsection 1 has priority over any other legal process against the same income except that withholding required by an order issued under section 14-09-09.15 must be satisfied before any payment is made to the insurer. If the amount remaining is insufficient to pay the obligor's share of premiums for health insurance coverage, the obligor may authorize additional withholding to pay the obligor's share. If the obligor does not authorize additional withholding, and the health insurance coverage will lapse as a result, the employer must promptly inform the child support agency of the insufficiency.

<Text of subsec. 3 effective upon certification of rules; see note>

3. Unless otherwise provided by the child support agency in compliance with rules promulgated by the secretary of the United States department of health and human services, the withholding provided in subdivision e of subsection 1 has priority over any other legal process against the same income, except that withholding required by an order issued under section 14-09-09.15 must be satisfied before any payment is made to the insurer. If the amount remaining is insufficient to pay the obligor's share of premiums for health insurance coverage, the obligor may authorize additional withholding to pay the obligor's share. If the obligor does not authorize additional withholding, and the health insurance coverage will lapse as a result, the employer must promptly inform the child support agency of the insufficiency.

4. An employer receiving a national medical support notice 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.

5. For purposes of this section:

a. “Employer” means an entity or individual who would be determined to be an employer under section 3401(d) of the Internal Revenue Code of 1986, as amended [26 U.S.C. 3401(d)], and includes any governmental entity and any labor organization; and

b. “Insurer” has the meaning provided in section 26.1-36.5-01.

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Cite this article: FindLaw.com - North Dakota Century Code Title 14. Domestic Relations and Persons § 14-09-08.11. (Contingent effective date--See note) Eligible child--Employer to permit enrollment--Employer duties and liabilities--Obligor contest - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-14-domestic-relations-and-persons/nd-cent-code-sect-14-09-08-11/

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