Child/Spousal Support Deduction 400-28-65-30-10
(Revised 10/1/11 ML #3278)
View Archives
NDAC 75-02-01.3-07
NDAC 75-02-01.3-09
Court ordered child or spousal support paid, including arrearages, are allowable deductions. Any other private arrangement for child/spousal support being paid, which are not court ordered is not allowed even if the individuals have a mutual agreement.
Court ordered child or spousal support payments made to an individual outside the home or to an agency must be allowed even if the child or spouse for whom the support was paid is a household member.
If child or spousal support is being withheld from income as a result of a court order (income withholding) and this is reflected on the paystubs and the child support is going to the ND State Disbursement Unit, any other disbursement unit or Clerk of Court (which verifies that it is actually being received by that unit), use the amount on the paystub and the obligor’s pay date to determine the date paid. In this situation, the obligor has paid the monies per the court order and how long it takes the employer to get the monies to the State Disbursement Unit and when the monies are released to the obligee does not affect the fact that the obligor has paid and for Child Care Assistance Program (CCAP) purposes will be considered paid at the time the monies are taken from the paycheck.
If court ordered child support or spousal support is being paid directly by the obligor to a Disbursement Unit or Clerk of Court verification of monies being received by the Disbursement Unit or Clerk of Court must be provided. In this situation, CCAP will consider that the obligor has paid the monies when the monies are received by the Disbursement Unit or Clerk of Courts.
If the obligor’s income is from a new source and there are no actual pay stubs that reflect the amount of court ordered child or spousal support being deducted, the court order, information obtained through FACSES, another disbursement unit, or clerk of court would be used.
