North Dakota Century Code Title 14. Domestic Relations and Persons § 14-09-09.33. Offsets of child support

1. Notwithstanding section 14-09-09.31 , a court may order that a specific amount of child support owed by an obligor to an obligee be offset by an equal amount of child support or other debts owed to the obligor by the obligee.  An order for an offset is permitted under this subsection as long as the proposed offset does not apply to child support owed in the current month or owed in any future month, except as authorized in subsection 4, and the proposed offset does not include any child support that has been assigned.

2. The child support agency may offset child support if neither party objects after being notified of the proposed offset.

3. Child support owed by an obligor to an obligee may not be offset except as permitted in this section.

4. Notwithstanding anything to the contrary in section 14-09-09.24 or 14-09-09.30 , an obligor's child support obligation for the current month or for a future month may not be offset unless the court orders the offset as a method of satisfying an overpayment of child support that results from the establishment or reduction of a child support obligation, or as authorized by the child support agency under subsection 2, or as permitted in the child support guidelines established under section 14-09-09.7 .

5. An offset of child support under this section is considered a payment of child support.  A copy of the order for an offset must be provided to the state disbursement unit.


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