N.D. Cent. Code § 14-08-01 — ND Code / Title 14 / Chapter 14-08 / Section 14-08-01
14-08-01. Action against husband or wife for support of spouse and minor children - When maintained
Status: in_force

14-08-01. Action against husband or wife for support of spouse and minor children -

When maintained.

Any married person may maintain an action in the district court of the county in which the

person resides against the person's spouse for failure on the spouse's part to provide for:

1. The support of the party bringing suit; and

2. The support of minor children by said husband or wife living with the party bringing

suit.
N.D. Cent. Code § 14-12.2-34 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-34
14-12.2-34. (507) Administrative enforcement of orders
Status: in_force

14-12.2-34. (507) Administrative enforcement of orders

1. A party or support enforcement agency seeking to enforce a support order or an

income-withholding order, or both, issued in another state or a foreign support order

may send the documents required for registering the order to a support enforcement

agency of this state.

2. Upon receipt of the documents, the support enforcement agency, without initially

seeking to register the order, shall consider and, if appropriate, use any administrative

procedure authorized by the law of this state to enforce a support order or an

income-withholding order, or both. If the obligor does not contest administrative

enforcement, the order need not be registered. If the obligor contests the validity or

administrative enforcement of the order, the support enforcement agency shall register

the order pursuant to this chapter.
N.D. Cent. Code § 14-14.1-04 — ND Code / Title 14 / Chapter 14-14.1 / Section 14-14.1-04
14-14.1-04. (105) International application
Status: in_force

14-14.1-04. (105) International application

1. A court of this state shall treat a foreign country as if it were a state for the purpose of

applying sections 14-14.1-01 through 14-14.1-21.

2. Except as otherwise provided in subsection 3, a child custody determination made in a

foreign country under factual circumstances in substantial conformity with the

jurisdictional standards of this chapter must be recognized and enforced under

sections 14-14.1-22 through 14-14.1-37.

3. A court of this state need not apply this chapter if the child custody law of a foreign

country violates fundamental principles of human rights.
N.D. Cent. Code § 14-09.3-03 — ND Code / Title 14 / Chapter 14-09.3 / Section 14-09.3-03
14-09.3-03. (104) Jurisdiction
Status: in_force

14-09.3-03. (104) Jurisdiction

1. A court may issue an order regarding custodial responsibility under this chapter only if

the court has jurisdiction under chapter 14-14.1.

2. If a court has issued a temporary order regarding custodial responsibility pursuant to

sections 14-09.3-11 through 14-09.3-21, the residence of the deploying parent is not

changed by reason of the deployment for the purposes of chapter 14-14.1 during the

deployment.

3. If a court has issued a permanent order regarding custodial responsibility before notice

of deployment and the parents modify that order temporarily by agreement pursuant to

sections 14-09.3-07 through 14-09.3-10, the residence of the deploying parent is not

changed by reason of the deployment for the purposes of chapter 14-14.1.

4. If a court in another state has issued a temporary order regarding custodial

responsibility as a result of impending or current deployment, the residence of the

deploying parent is not changed by reason of the deployment for the purposes of

5. This section does not prevent a court from exercising temporary emergency

jurisdiction under chapter 14-14.1.
N.D. Cent. Code § 14-09-08.17 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-08.17
14-09-08.17. Delinquent obligor may not renounce claims
Status: in_force

14-09-08.17. Delinquent obligor may not renounce claims

An obligor whose child support obligation is delinquent may not renounce, waive, assign,

transfer, or disclaim any interest that obligor might otherwise claim in a decedent's estate, a

trust, or a similar device, to the extent necessary to satisfy the delinquency. Any attempt to

renounce, waive, assign, transfer, or disclaim such an interest is void if attempted after notice of

the delinquency is furnished to the person administering the estate, trust, or similar device, and

is otherwise voidable.
N.D. Cent. Code § 14-09-09.3 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.3
14-09-09.3. Child support - Duties and liabilities of income payer under income withholding order
Status: in_force

14-09-09.3. Child support - Duties and liabilities of income payer under income

withholding order.

1. Any failure of an income payer to comply with this section or section 14-09-09.16 may

be sanctioned as a contempt of court. The court shall first afford such income payer a

reasonable opportunity to purge itself of the contempt.

2. Any income payer who fails or refuses to withhold or deliver income pursuant to an

income withholding order, when such income payer has had in its possession such

income, is personally liable for the amount of such income which the income payer

failed or refused to withhold or deliver, together with costs, interest, and reasonable

attorney's fees. If an income payer fails or refuses to withhold or deliver income for

more than fourteen business days after the date an obligor is paid, the court shall

award damages in an amount equal to two hundred dollars or actual damages caused

by the violation, whichever is greater, in addition to the amount of income that should

have been withheld or delivered, costs, interest, late fees, and reasonable attorney's

fees. Any damages awarded under this subsection must be allocated by the court

between each affected obligor and obligee, or made payable on behalf of an obligor to

the state disbursement unit for distribution under section 14-09-25. Each remedy

authorized in this subsection is a remedial sanction as defined in section 27-10-01.1.

3. Any employer who refuses to employ, dismisses, demotes, disciplines, or in any way

penalizes an obligor on account of any proceeding to collect child support, on account

of any order or orders entered by the court in such proceeding, on account of the

employer's compliance with such order or orders, or on account of an income

withholding order, is liable to the obligor for all damages, together with costs, interest

thereon, and reasonable attorney's fees resulting from the employer's action. The

employer may be required to make full restitution to the aggrieved obligor, including

reinstatements and backpay.

4. An income payer may be enjoined by a court of competent jurisdiction from continuing

any action in violation of section 14-09-09.16.

5. Any contempt proceeding against an income payer under this section must be

commenced within one year after the income payer's act or failure to act upon which

such proceeding is based.

6. Compliance by an income payer with an income withholding order operates as a

discharge of the income payer's liability to the obligor as to that portion of the obligor's

income so affected.

7. In considering an income withholding order issued by a court or administrative tribunal

in a state other than the state of the obligor's principal place of employment, the

income payer shall apply the law of the state of the obligor's principal place of

employment in determining any withholding terms and conditions not specified in the

income withholding order or in section 14-12.2-33.1.

8. An employer who complies with an income withholding order that is regular on its face

is not subject to civil liability to any individual or agency for conduct in compliance with

the order.

9. An income payer who fails to withhold or deliver income for more than seven business

days after the date one or more obligors are paid may be charged a late fee equal to

twenty-five dollars per obligor for each additional business day the payment is

delinquent or seventy-five dollars for each additional business day the payment is

delinquent, whichever is greater. A late fee charged under this subsection is payable

fifteen days after service on the employer, by first-class mail, of notice of the imposition

of the late fee. Failure to pay a late fee under this subsection may be sanctioned as a

contempt of court. Any late fee assessed by the child support agency under this

subsection must be paid to the state disbursement unit for distribution under section

14-09-25 and any remaining balance must be paid to the obligor. If an income payer

has failed to withhold or deliver income for more than one obligor, any late fees

collected under this section must be divided equally among all affected obligors.

10. If an income payer makes an error in the remittal information the income payer

provides to the state disbursement unit, the income payer has not complied with this

section and is responsible for the error, but has a cause of action for reimbursement

against any person that receives funds from the disbursement unit as a result of the

error and refuses to return the funds upon request.
N.D. Cent. Code § 14-20-42 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-42
14-20-42. (607) Limitation - Child having presumed father
Status: in_force

14-20-42. (607) Limitation - Child having presumed father

1. Except as otherwise provided in subsection 2, a proceeding brought by a presumed

father, the mother, or another individual to adjudicate the parentage of a child having a

presumed father must be commenced not later than two years after the birth of the

child.

2. A proceeding seeking to disprove the father-child relationship between a child and the

child's presumed father may be maintained at any time if the court determines that:

a. The presumed father and the mother of the child neither cohabited nor engaged

in sexual intercourse with each other during the probable time of conception; and

b. The presumed father never openly held out the child as his own.

3. For purposes of this section and section 14-20-43, an action to establish support for a

child is a proceeding to adjudicate parentage if the child's presumed father raises

nonpaternity as a defense to the action.
N.D. Cent. Code § 14-02.5-46 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-46
14-02.5-46. Records exempt
Status: in_force

14-02.5-46. Records exempt

A complaint filed with the department under section 14-02.5-18 is an open record.

Information obtained during an investigation conducted by the department under this chapter is

exempt from section 44-04-18 before the institution of any judicial proceedings or administrative

hearing relating to the complaint under this chapter or before the administrative closure of a

complaint by the department. The department may disclose to the complainant or the

respondent, or representatives of the complainant or respondent, information obtained during an

investigation if deemed necessary by the department for securing an appropriate resolution of a

complaint. The department may disclose information obtained during an investigation to a

federal agency if necessary for the processing of complaints under an agreement with the

agency. Individually identifiable health information obtained during an investigation may not be

disclosed by the department except to a federal agency if necessary for the processing of

complaints under an agreement with the agency. Statements made or actions taken during

conciliation efforts relating to a complaint under this chapter may not be disclosed by the

department, except to a federal agency if necessary for the processing of complaints under an

agreement with the agency, and may not be used as evidence in a subsequent proceeding

under this chapter without the written consent of the parties to the conciliation. A conciliation

agreement is an open record unless the complainant and respondent agree that it is not and the

department determines that disclosure is not necessary to further the purposes of this chapter.

Investigative working papers are exempt from section 44-04-18.
N.D. Cent. Code § 14-09.3-07 — ND Code / Title 14 / Chapter 14-09.3 / Section 14-09.3-07
14-09.3-07. (202) Nature of authority created by agreement
Status: in_force

14-09.3-07. (202) Nature of authority created by agreement

1. An agreement under sections 14-09.3-07 through 14-09.3-10 is temporary and

terminates pursuant to sections 14-09.3-22 through 14-09.3-25 after the deploying

parent returns from deployment, unless the agreement has been terminated before

that time by court order or modification under section 14-09.3-08. The agreement does

not create an independent, continuing right to caretaking authority, decisionmaking

authority, or limited contact in an individual to whom custodial responsibility is given.

2. A nonparent who has caretaking authority, decisionmaking authority, or limited contact

by an agreement under sections 14-09.3-07 through 14-09.3-10 has standing to

enforce the agreement until it has been terminated by court order, by modification

under section 14-09.3-08, or under sections 14-09.3-22 through 14-09.3-25.
N.D. Cent. Code § 14-03-18 — ND Code / Title 14 / Chapter 14-03 / Section 14-03-18
14-03-18. License to and marriage of intoxicated person prohibited
Status: in_force

14-03-18. License to and marriage of intoxicated person prohibited

A license for marriage may not be issued to anyone under the influence of intoxicating liquor

at the time of making application therefor. No marriage ceremony may be performed when

either or both of the contracting parties is under the influence of intoxicating liquor or any

narcotic drug.
N.D. Cent. Code § 14-12.2-47.6 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-47.6
14-12.2-47.6. (706) Registration of convention support order
Status: in_force

14-12.2-47.6. (706) Registration of convention support order

1. Except as otherwise provided in sections 14-12.2-47.1 through 14-12.2-47.13, a party

who is an individual or a support enforcement agency seeking recognition of a

convention support order shall register the order in this state as provided in sections

14-12.2-35 through 14-12.2-46.4.

2. Notwithstanding section 14-12.2-23 and subsection 1 of section 14-12.2-36, a request

for registration of a convention support order must be accompanied by:

a. A complete text of the support order, or an abstract or extract of the support order

drawn up by the issuing foreign tribunal, which may be in the form recommended

by the Hague conference on private international law;

b. A record stating that the support order is enforceable in the issuing country;

c. If the respondent did not appear and was not represented in the proceedings in

the issuing country, a record attesting, as appropriate, either that the respondent

had proper notice of the proceedings and an opportunity to be heard or that the

respondent had proper notice of the support order and an opportunity to be heard

in a challenge or appeal on fact or law before a tribunal;

d. A record showing the amount of arrears, if any, and the date the amount was

calculated;

e. A record showing a requirement for automatic adjustment of the amount of

support, if any, and the information necessary to make the appropriate

calculations; and

f. If necessary, a record showing the extent to which the applicant received free

legal assistance in the issuing country.

3. A request for registration of a convention support order may seek recognition and

partial enforcement of the order.

4. A tribunal of this state may vacate the registration of a convention support order

without the filing of a contest under section 14-12.2-47.7 only if, acting on its own

motion, the tribunal finds that recognition and enforcement of the order would be

manifestly incompatible with public policy.

5. The tribunal shall promptly notify the parties of the registration or the order vacating

the registration of a convention support order.
N.D. Cent. Code § 14-02.5-05 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-05
14-02.5-05. Entry into neighborhood
Status: in_force

14-02.5-05. Entry into neighborhood

A person may not, for profit, induce or attempt to induce another to sell or rent a dwelling by

representations regarding the entry or prospective entry into a neighborhood of an individual of

a particular race, color, religion, sex, disability, age, familial status, national origin, or status with

respect to marriage or public assistance.
N.D. Cent. Code § 14-20-37 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-37
14-20-37. (602) Standing to maintain proceeding
Status: in_force

14-20-37. (602) Standing to maintain proceeding

Subject to sections 14-20-11 through 14-20-24 and sections 14-20-42 and 14-20-44, a

proceeding to adjudicate parentage may be maintained by:

1. The child;

2. The mother of the child;

3. A man whose paternity of the child is to be adjudicated;

4. The support enforcement agency;

5. An authorized adoption agency or licensed child-placing agency; or

6. A representative authorized by law to act for an individual who would otherwise be

entitled to maintain a proceeding but who is deceased, incapacitated, or a minor.
N.D. Cent. Code § 14-14.1-09 — ND Code / Title 14 / Chapter 14-14.1 / Section 14-14.1-09
14-14.1-09. (110) Communication between courts
Status: in_force

14-14.1-09. (110) Communication between courts

1. A court of this state may communicate with a court in another state concerning a

proceeding arising under this chapter.

2. The court may allow the parties to participate in the communication. If the parties are

not able to participate in the communication, they must be given the opportunity to

present facts and legal arguments before a decision on jurisdiction is made.

3. Communication between courts on schedules, calendars, court records, and similar

matters may occur without informing the parties. A record need not be made of the

communication.

4. Except as otherwise provided in subsection 3, a record must be made of a

communication under this section. The parties must be informed promptly of the

communication and granted access to the record.

5. For the purposes of this section, "record" means information that is inscribed on a

tangible medium or that is stored in an electronic or other medium and is retrievable in

perceivable form.
N.D. Cent. Code § 14-09-25 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-25
14-09-25. State disbursement unit - Duties - Continuing appropriation
Status: in_force

14-09-25. State disbursement unit - Duties - Continuing appropriation

1. The child support agency shall establish a state disbursement unit for the collection

and disbursement of payments of child support. The state disbursement unit is

responsible for the collection and disbursement of all payments under child support

orders.

2. The child support agency may contract with any public or private entity for any service

provided by the state disbursement unit. The state disbursement unit may employ

technology and agents to allow receipt of child support payments at locations and

times when state disbursement unit staff are not available.

3. The state disbursement unit shall use automated procedures, electronic processes,

and computer-driven technology, including the statewide automated data processing

system established under section 50-09-02.1, to the maximum extent feasible,

efficient, and economical, for the collection and distribution of child support payments.

4. The state disbursement unit shall account for and disburse all support payments

received by it, maintain necessary records, and develop procedures for providing

information to the parties, including the obligor and obligee, regarding actions taken

and, at least annually, regarding child support payments collected and distributed. The

state disbursement unit shall adopt procedures for the maintenance and retention of

records of child support payments and for the storage and destruction of records when

the support obligation is satisfied or is terminated.

5. The state disbursement unit shall deposit all child support payments received in the

state treasury. All payments so deposited, except those payments assigned to the

state, are appropriated to the child support agency as a standing and continuing

appropriation for the purpose of making disbursements to obligees entitled to the child

support payments collected.

6. Notwithstanding section 28-20-36, the state disbursement unit shall disburse collected

child support payments in conformity with title IV-D of the Social Security Act [Pub. L.

93-647; 88 Stat. 2351; 42 U.S.C. 651 et seq.]. Any disbursement made in error is not a

gift and must be repaid. The child support agency may take any action not inconsistent

with law to secure repayment of any disbursement made in error. Interest accrued on

an unpaid child support obligation is child support. To the extent consistent with the

requirements of title IV-D, a payment received with respect to a child support

arrearage must first be applied to accrued interest on the earliest arrearage, and then

to the principal of that arrearage. The child support agency may calculate judgment

interest accrued on child support obligations that first became arrearages after July 1,

2002. The child support agency shall enter in its records judgment interest on child

support obligations that first became arrearages on or before July 1, 2002, for periods

before January 1, 2004, only if a court has ordered the interest amount calculated by

some individual or entity other than the child support agency and approved the

calculated amount. For child support obligations that first became arrearages on or

before July 1, 2002, the child support agency may calculate judgment interest accrued

only for periods on or after January 1, 2004. For purposes of this subsection,

arrearage means an unpaid child support obligation that was due in a month prior to

the current month.

7. Unless notice has otherwise been provided, the state disbursement unit shall provide

notice to the obligor, the obligee, and any income payer that payment must be made to

the state disbursement unit.

8. The child support agency may suspend or waive judgment interest on an arrearage as

part of an amnesty program, as an incentive for satisfying a child support obligation or

complying with a payment plan, or if the child support agency determines that the

judgment interest is not collectible through commercially reasonable efforts. This

subsection applies to judgment interest accruing before July 1, 2005, only if the

arrearage is assigned to the child support agency under section 50-09-06.1 or

50-24.1-02.1 or if the obligee provides written consent. Any judgment interest that is

suspended or waived under this subsection may be reinstated by the child support

agency if the obligor has failed to comply with a payment plan.

9. If an obligee is deceased, any past-due child support that is received must be

disbursed in the following order:

a. As specifically provided in a court order in the event of the obligee's death;

b. To the obligee's estate or as provided in the obligee's will;

c. To the child or children on whose behalf the payments were made if the child or

children are all eighteen years of age or older;

d. As directed by the court if one or more of the children to whom the child support

is owed is under eighteen years old; or

e. Refunded to the obligor if the court determines that the past-due child support

cannot be disbursed under this section.

10. Unless any party to a child support order objects within ten days of the date of a notice

sent by first-class mail to the party's last-known address, the child support agency may

change the payee of a child support obligation for the current month or a future month

upon request of a guardian or other person who has legal custody of the child or

children for whom the child support is being paid.
N.D. Cent. Code § 14-02.5-23 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-23
14-02.5-23. Temporary or preliminary relief
Status: in_force

14-02.5-23. Temporary or preliminary relief

The department may authorize a claim for relief for temporary or preliminary relief pending

the final disposition of a complaint, if the department concludes after the filing of the complaint

that prompt judicial action is necessary to carry out the purposes of this chapter. On receipt of

the department's authorization, the attorney general shall promptly file the claim. A temporary

restraining order or other order granting preliminary or temporary relief under this section is

governed by the applicable statutes and the North Dakota Rules of Civil Procedure. The filing of

a claim for relief under this section does not affect the initiation or continuation of administrative

proceedings under section 14-02.5-31.
N.D. Cent. Code § 14-02.3-05 — ND Code / Title 14 / Chapter 14-02.3 / Section 14-02.3-05
14-02.3-05. Penalty
Status: in_force

14-02.3-05. Penalty

Any person found guilty of violating this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 14-20-36 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-36
14-20-36. (601) Proceeding authorized
Status: in_force

14-20-36. (601) Proceeding authorized

A civil proceeding may be maintained to adjudicate the parentage of a child. The proceeding

is governed by the North Dakota Rules of Civil Procedure.
N.D. Cent. Code § 14-12.2-33 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-33
14-12.2-33. (501) Employer's receipt of income-withholding order of another state
Status: in_force

14-12.2-33. (501) Employer's receipt of income-withholding order of another state

An income-withholding order issued in another state may be sent by or on behalf of the

obligee, or by the support enforcement agency, to the person defined as the obligor's employer

under section 14-09-09.10 without first filing a petition or comparable pleading or registering the

order with a tribunal of this state.
N.D. Cent. Code § 14-09-08.15 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-08.15
14-09-08.15. Reasonable cost of health insurance (Contingent repeal - See note)
Status: in_force

14-09-08.15. Reasonable cost of health insurance. (Contingent repeal - See note)

For purposes of this chapter, health insurance is considered reasonable in cost if it is

available to the obligor on a group basis or through an employer or union, regardless of service

delivery mechanism, or as otherwise defined by the child support agency in compliance with

rules promulgated by the secretary of the United States department of health and human

services.

Reasonable cost of health insurance. (Contingent effective date - See note) For

purposes of this chapter, health insurance is considered reasonable in cost if it is available to

the obligor on a group basis or through an employer or union, regardless of service delivery

mechanism, or as otherwise defined by the child support agency in compliance with rules

promulgated by the secretary of the United States department of health and human services.

The definition of reasonable cost established by the child support agency under this section

must consider the scope of covered services, the cost of coverage, and the amount of any

copayments or deductibles.
N.D. Cent. Code § 14-15-10 — ND Code / Title 14 / Chapter 14-15 / Section 14-15-10
14-15-10. Report of petitioner's expenditures
Status: in_force

14-15-10. Report of petitioner's expenditures

1. Except as specified in subsection 2, the petitioner in any proceeding for the adoption

of a minor shall file, before the petition is heard, a full accounting report in a manner

acceptable to the court of all disbursements of anything of value made or agreed to be

made by or on behalf of the petitioner in connection with the adoption. Fees may not

be contingent upon placement of the child for adoption, consent to adoption, or

cooperation in the completion of adoption. The report must show any expenses

incurred in connection with:

a. Preplacement counseling, adoption assessment, placement of the child, foster

care, or other preadoption services, that must be paid directly to the provider of

the services;

b. Legal fees relating to the petition for relinquishment or adoption, that must be

paid directly to the provider of the services;

c. Medical expenses relating to prenatal care and the birth of the child, that are not

already covered by health insurance;

d. Expenses for transportation, meals, and lodging incurred for placement of the

child or in order to receive counseling, legal, or medical services related to the

pregnancy, birth, or placement; and

e. Living expenses of the birth mother which are needed to maintain an adequate

standard of living, which the birth mother is unable to otherwise maintain because

of loss of income or other support resulting from the pregnancy.

(1) Payments may cover expenses incurred during the pregnancy-related

incapacity but not for a period longer than six weeks following the delivery,

unless the court determines within the six-week period that the birth mother

is unable to be employed due to physical limitations relating to the birth of

the child.

(2) Living expenses do not include expenses for lost wages, gifts, educational

expenses, vacations, or other similar expenses of a birth mother.

2. This section does not apply to an adoption by a stepparent whose spouse is a

biological or adoptive parent of the child.

3. Any report made under this section must be signed and verified by the petitioner.
N.D. Cent. Code § 14-02.4-21 — ND Code / Title 14 / Chapter 14-02.4 / Section 14-02.4-21
14-02.4-21. Records exempt
Status: in_force

14-02.4-21. Records exempt

A complaint filed with the department under this chapter is an open record. Information

obtained during an investigation conducted by the department under this chapter is exempt from

section 44-04-18 before the institution of any judicial proceedings or administrative hearing

relating to the complaint under this chapter or before the administrative closure of a complaint

by the department. The department may disclose to the complainant or the respondent, or a

representative of the complainant or the respondent, information obtained during an

investigation if deemed necessary by the department for securing an appropriate resolution of a

complaint. The department may disclose information obtained during an investigation to a

federal agency if necessary for the processing of complaints under an agreement with the

agency. Individually identifiable health information obtained during an investigation may not be

disclosed by the department except to a federal agency if necessary for the processing of

complaints under an agreement with the agency. Statements made or actions taken during

conciliation efforts relating to a complaint under this chapter may not be disclosed by the

department, except to a federal agency if necessary for the processing of complaints under an

agreement with the agency, and may not be used as evidence in a subsequent proceeding

under this chapter without the written consent of the parties to the conciliation. A conciliation

agreement is an open record unless the complainant and respondent agree that it is not and the

department determines that disclosure is not necessary to further the purposes of this chapter.

Investigative working papers are exempt from section 44-04-18.
N.D. Cent. Code § 14-05-24.1 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-24.1
14-05-24.1. Spousal support
Status: in_force

14-05-24.1. Spousal support

1. As used in this section:

a. "Length of marriage" means from the date of the marriage until the service of a

summons for an action for legal separation or divorce.

b. "Material change in circumstances" means a change that substantially affects the

financial abilities or needs of the parties and which was not contemplated by the

parties at the time of the original award.

2. The court may not award permanent spousal support. Upon consideration of the

provisions of this section, the court may require one party to pay spousal support to

the other party for a limited period of time upon expressly finding:

a. The recipient lacks sufficient property or income or the property or income is

insufficient to enable the recipient to provide for the recipient's reasonable needs,

considering the marital standard of living; and

b. The payor has the ability to supply those means without undue economic

hardship.

3. In addition to any other factors the court considers relevant in determining the amount

and duration of spousal support, the court shall consider:

a. The age of the parties;

b. The earning ability of each party;

c. The duration of the marriage;

d. The conduct of the parties during the marriage;

e. The station in life of each party;

f. The circumstances and necessities of each party;

g. The health and physical condition of each party; and

h. The financial circumstances of the parties as shown by the property owned at the

time of the divorce, including the value of the property at the time of the divorce,

the income-producing capacity of the property, and whether the property was

acquired before or after the marriage.

4. After considering the factors in subsection 3, the court may award:

a. Rehabilitative spousal support when it is possible to restore a spouse to

independent economic status or to equitably divide the burden of the divorce by

increasing that spouse's earning capacity.

b. General term spousal support when a spouse is not capable of rehabilitation,

self-support, or to minimize the burden of the divorce.

c. Lump sum spousal support as additional marital property to a spouse or the court

may otherwise adjust the distribution of the marital property and debt to eliminate

the need for spousal support or to reduce the amount or the duration of the

spousal support.

5. Except upon written findings by the court which require a deviation beyond the time

limits of this section is necessary, spousal support terminates upon the following:

Length of Duration of spousal support award as percentage of

marriage the number of months of the length of the marriage

Less than 5 years Up to 50%

Between 5 and 10 years Up to 60%

Between 10 and 15 years Up to 70%

Between 15 and 20 years Up to 80%

20 years or more Duration agreed upon by parties or for a limited

time as determined by the court.

6. The court may modify its spousal support order, subject to the following limitations:

a. If a material change in circumstances occurs during the rehabilitative period,

rehabilitative spousal support may be modified.

b. If a material change in circumstances occurs, general term spousal support may

be modified.

7. Upon the filing of a judgment, the parties may not seek and the court may not order a

modification of lump sum spousal support.

8. The parties may expressly preclude or limit the modification of spousal support

through a written agreement that is part of the judgment for divorce.

9. Unless otherwise agreed by the parties in writing, spousal support is terminated upon

the remarriage or death of the spouse receiving support. The court may require

reasonable security from the payor spouse in the event of the payor's death.

Immediately upon remarriage, the spouse receiving support shall provide notice of the

remarriage to the payor spouse at the last known address of the payor spouse.

10. Unless otherwise agreed to by the parties in writing, upon an order of the court based

upon a preponderance of the evidence that the spouse receiving support has been

habitually cohabiting with another individual in a relationship analogous to a marriage

for one year or more, the court shall terminate spousal support.

11. There is a rebuttable presumption that spousal support terminates upon the payor's

attaining full retirement age for social security purposes. The rebuttable presumption

may be overcome if the court determines spousal support should continue based on

the following factors:

a. The ages of the parties at the time of the marriage, the time of the entry of the

spousal support award, and the time of the application for retirement;

b. The degree and duration of the economic dependency of the recipient upon the

payor during the marriage;

c. Whether the recipient has foregone, relinquished, or otherwise sacrificed claims,

rights, or property in exchange for a more substantial or longer spousal support

award;

d. The duration or amount of spousal support already paid;

e. The health of the parties at the time of the retirement application;

f. Assets of the parties at the time of the retirement application;

g. Sources of income, both earned and unearned, of the parties, including whether

the payor spouse intends to continue employment;

h. The ability of the recipient to have saved adequately for retirement; and

i. Any other factors the court deems relevant.
N.D. Cent. Code § 14-02.6-02 — ND Code / Title 14 / Chapter 14-02.6 / Section 14-02.6-02
14-02.6-02. Prohibition - Penalty - Exception
Status: in_force

14-02.6-02. Prohibition - Penalty - Exception

1. Any person who intentionally causes the death of a living intact fetus while that living

intact fetus is partially born is guilty of a class AA felony. A mother whose living intact

fetus dies while partially born may not be prosecuted for a violation of this chapter or

for conspiracy to violate this chapter.

2. This chapter does not apply to a sharp curettage or suction curettage abortion or to

any offense committed under chapter 12.1-17.1 or chapter 14-02.1.
N.D. Cent. Code § 14-02.5-19 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-19
14-02.5-19. Answer
Status: in_force

14-02.5-19. Answer

1. Not later than the tenth day after the date of receipt of the notice and copy of the

complaint under subsection 2 of section 14-02.5-18, a respondent may file an answer

to the complaint. An answer must be in writing, under oath, and in the form prescribed

by the department.

2. An answer may be amended at any time. An answer does not inhibit the investigation

of a complaint.
N.D. Cent. Code § 14-07.7-09 — ND Code / Title 14 / Chapter 14-07.7 / Section 14-07.7-09
14-07.7-09. Sexual assault restraining order
Status: in_force

14-07.7-09. Sexual assault restraining order

1. The court may grant a sexual assault restraining order if:

a. The petitioner files a petition under section 14-07.7-02;

b. The sheriff serves the respondent with a copy of the temporary sexual assault

restraining order issued under section 14-07.7-08 and with notice of the time and

place of the hearing;

c. The court sets a hearing for no later than fourteen days after issuance of the

temporary sexual assault restraining order or a later date if good cause is shown;

and

d. The court finds after the hearing there are reasonable grounds to believe the

respondent committed sexual assault.

2. The order must include provisions prohibiting the respondent from:

a. Harassing, stalking, or threatening the protected individual;

b. Appearing at the residence, school, and place of employment of the protected

individual; and

c. Contacting the protected individual.

3. The relief granted by the sexual assault restraining order may not exceed two years.
N.D. Cent. Code § 14-19-08 — ND Code / Title 14 / Chapter 14-19 / Section 14-19-08
14-19-08. Powers and duties of the department
Status: in_force

14-19-08. Powers and duties of the department

The department shall:

1. Provide each birthing hospital and voluntary paternity establishment service entity in

the state:

a. Written materials about paternity establishment.

b. Forms necessary to voluntarily acknowledge paternity.

c. A written description of the rights and responsibilities of acknowledging paternity.

2. Provide training, guidance, and written instructions regarding voluntary

acknowledgment of paternity reasonably necessary to assist a birthing hospital or

voluntary paternity establishment service entity in its duties under this chapter.

3. Secure information on each voluntary paternity establishment service entity's and each

birthing hospital's paternity acknowledgment program at least annually.

4. In cases involving applications for child support services made to a child support

agency which require paternity establishment, determine if a voluntary paternity

acknowledgment has been filed with the department.

5. Assure that the same procedures governing birthing hospitals apply to voluntary

paternity establishment service entities, including use of the same notice provisions,

the same materials, the same evaluation methods, and the same training for

personnel.
N.D. Cent. Code § 14-02.4-17 — ND Code / Title 14 / Chapter 14-02.4 / Section 14-02.4-17
14-02.4-17. Credit transactions - Discriminatory practices
Status: in_force

14-02.4-17. Credit transactions - Discriminatory practices

It is a discriminatory practice, except as permitted or required by the Equal Credit

Opportunity Act [15 U.S.C. 1691], for a person, whether acting as an individual or for another, to

deny credit, increase the charges or fees for or collateral required to secure credit, restrict the

amount or use of credit extended, impose different terms or conditions with respect to the credit

extended to a person, or item or service related thereto because of race, color, religion, sex,

national origin, age, physical or mental disability, or status with respect to marriage or public

assistance. This section does not prohibit a party to a credit transaction from considering the

credit history of a person or from taking reasonable action thereon.
N.D. Cent. Code § 14-15-16 — ND Code / Title 14 / Chapter 14-15 / Section 14-15-16
14-15-16. Hearings and records in adoption proceedings - Confidential nature - Disclosure of identifying and nonidentifying information - Retroactive operation
Status: in_force

14-15-16. Hearings and records in adoption proceedings - Confidential nature -

Disclosure of identifying and nonidentifying information - Retroactive operation.

1. The provisions of this section supersede any other law regarding public hearings and

records.

2. For purposes of this section:

a. "Genetic parent" includes a man presumed or adjudicated to be the adopted

individual's father under chapter 14-20 and an alleged father when so indicated in

the files of the child-placing agency or the department, but only if there exists in

those files information that corroborates the allegation of paternity, including the

existence of communications between the alleged father and the child-placing

agency, or between the alleged father and the genetic mother or members of her

family, or such other corroborative information as may be permitted by rules

adopted by the department.

b. "Notify" means to make a personal and confidential contact with the individual to

whom a disclosure of identifying information has been requested. The personal

and confidential contact must be made by an employee or agent of the

child-placing agency that processed the adoption or by some other licensed

child-placing agency designated by the individual initiating the search.

3. All hearings held in actions under this chapter must be held in closed court without

admittance of any individual other than essential officers of the court, the parties, their

witnesses, counsel, individuals who have not previously consented to the adoption but

are required to consent, the parents of an adult to be adopted, and representatives of

the agencies present to perform their official duties. Upon a showing of good cause by

the petitioner, the court may prohibit the parents of an adult to be adopted from

attending the adoption hearings and proceedings. A parent of an adult to be adopted

who is prohibited by the court from attending the proceedings may submit relevant

testimony or information regarding the petition to the court in writing.

4. All papers; records; and identifying and nonidentifying information relating to an

adopted individual, birth siblings, birth parents, or adoptive parents, whether part of the

permanent record of the court or of a file in the department or in an agency are

confidential and may be disclosed only in accordance with this section. Papers,

records, and information directly pertaining to the adoption must be kept permanently

by the department and agency.

5. Nonidentifying information, if known, concerning undisclosed genetic parents must be

furnished at a reasonable fee to:

a. The adoptive parents at the time of adoptive placement or upon their written

request;

b. An adopted adult upon written request; or

c. A birth parent upon written request.

6. The clerk of the appropriate district court, upon request and payment of the proper fee,

shall furnish a certified copy of the decree of adoption to the adoptive parents, the

guardian of an adopted minor child, or an adopted adult, provided the decree does not

disclose the identity of the genetic parents or the name of the adopted individual

before the adoption action.

7. Before the child reaches adulthood, at the discretion of the child-placing agency, with

due regard for confidentiality exchanges of identifying or nonidentifying information

may take place between the genetic parents, adoptive parents, and adopted child.

a. Disclosure of a party's identifying information may not occur unless the party

consents to disclosure.

b. If one parent objects, the identifying information disclosed by the agency may

only relate to the consenting parent or parents.

8. An adopted individual who is eighteen years of age or older may request the

department to initiate the disclosure of information identifying the adopted individual's

genetic parents or to initiate the disclosure of nonidentifying information not on file with

the department or a child-placing agency.

9. An adopted individual who is eighteen years of age or older may request the

department to initiate the disclosure of information identifying the adopted individual's

adult genetic sibling.

10. A genetic parent of an adopted individual, after that individual has reached twenty-one

years of age, may request the department to initiate the disclosure of information

identifying that individual or to initiate the disclosure of nonidentifying information not

on file with the department or a child-placing agency.

11. An adult genetic sibling of an adopted individual, after that individual has reached

twenty-one years of age, may request the department to initiate disclosure of

information identifying that individual.

12. An adult child of a deceased adopted individual may request the department to initiate

the disclosure of information identifying the adopted individual's genetic parents or to

initiate the disclosure of nonidentifying information not on file with the department or

child-placing agency.

13. An adult child of an adopted individual who is still living may not request the

department to initiate disclosure of information identifying the adopted individual's

genetic parents or to initiate the disclosure of nonidentifying information not on file with

the department or child-placing agency.

14. The department shall, within five working days of receipt of a request under subsection

8, 9, 10, 11, 12, or 13, notify in writing a child-placing agency having access to the

requested information. If the department's records do not identify any child-placing

agency having access to the requested information, the department, within five

working days after receipt of the request, shall so notify the requester in writing. The

requester may designate a child-placing agency from a list of such agencies furnished

by the department, ask the department to designate an agency, or terminate the

request.

15. Within ninety days after receiving notice of a request made under subsection 8, 9, 10,

11, 12, or 13, the child-placing agency shall make complete and reasonable efforts to

notify the individual or individuals with respect to which a disclosure of identifying

information has been requested. The child-placing agency must certify the results of its

efforts to the department within one hundred twenty days after receipt of the request.

The child-placing agency may charge a reasonable fee to the requester for the cost of

making a search pursuant to the request. All communications under this subsection

are confidential. If the search is not completed within ninety days, additional time may

be requested. Approval of this request must be given by the individual requesting the

search.

16. The personal and confidential contact must be evidenced by an affidavit of notification

executed by the individual who notified each genetic parent, adopted individual, or

genetic sibling and certifying that each genetic parent, adopted individual, or genetic

sibling contacted was given the following information:

a. The nature of the identifying information to which the agency has access.

b. The nature of any nonidentifying information requested.

c. The date of the request of the adopted individual, genetic parent, or genetic

sibling.

d. The right of the genetic parent, adopted individual, or genetic sibling to file,

authorize disclosure or refuse to authorize disclosure.

e. The effect of a failure of the genetic parent, adopted individual, or genetic sibling

to either authorize disclosure or refuse to authorize disclosure.

17. An adopted individual, genetic parent, or genetic sibling, with respect to whom a

disclosure of identifying information has been requested, may authorize disclosure,

refuse to authorize disclosure, or take no action. If no action is taken in response to a

request, the child-placing agency must treat that as a refusal to authorize disclosure,

except that it does not preclude disclosure after the individual's death.

18. If the child-placing agency has been able to locate only one genetic parent who

authorizes disclosure and the other genetic parent cannot be located, the identifying

information must be disclosed to the adopted individual. The information disclosed by

the agency may relate only to the consenting parent.

19. If the child-placing agency has located both genetic parents and only one genetic

parent authorizes disclosure, the child-placing agency may not disclose identifying

information regarding the consenting parties unless there is a court order authorizing

the disclosure. Upon application to the court by the child-placing agency, the court

shall issue an order authorizing disclosure of information identifying the consenting

parties. The order must include any conditions the court determines sufficient to

reasonably ensure the continued nondisclosure of information identifying the objecting

genetic parent. Conditions placed on the disclosure may include a sworn statement by

the consenting genetic parent to refrain from disclosing to the adopted individual any

information identifying the objecting genetic parent.

20. The certification of the child-placing agency to the department must include:

a. A statement of whether it has been able to notify the individual about whom a

disclosure of identifying information was requested and whether a notification was

precluded by the death of the individual.

b. If a genetic sibling was to be notified at the request of an adopted individual, or if

an adopted individual was to be notified at the request of a genetic sibling, a

statement of whether either individual knows the identity of any mutual genetic

parent.

c. Assurances that:

(1) No disclosure of identifying information has been made with respect to any

adopted individual, genetic parent, or genetic sibling who has not authorized

the disclosure in writing unless the child-placing agency has verified that the

individual has died leaving no unrevoked written refusal to authorize

disclosure.

(2) Any disclosure of identifying information that might lawfully be made under

this section was made within ten days after the date of receipt of written

authorization or the date on which the agency verified that the individual had

died.

d. Copies of any written authorization of disclosure or refusal to authorize

disclosure.

e. A statement that the individual about whom disclosure of identifying information

was requested has neither authorized nor refused to authorize disclosure at the

time of the certification.

f. The date of each notification.

g. A copy of each affidavit of notification.

21. The child-placing agency, acting on the request of an adopted individual to disclose

identifying information about a genetic sibling, or acting on the request of a genetic

sibling to disclose identifying information about an adopted individual, must determine

if either individual knows the identity of a living mutual genetic parent. If either

individual knows the identity of a living mutual genetic parent, no disclosure may be

made unless that parent is first notified, in the manner provided for in subsection 13.

The identifying information released may only relate to the consenting parties.

22. Upon application to the department by an adult adopted individual or the parent or

guardian of a minor adopted child, the department may investigate or cause to be

investigated facts necessary to determine the adopted individual's eligibility for

enrollment as a member of an Indian tribe.

a. The department may inquire of any individual or agency, including a licensed

child-placing agency in North Dakota, to assist in the investigation.

b. All identifying information obtained by the department shall remain confidential.

c. The bureau of Indian affairs or an Indian tribe may be provided sufficient

information obtained from the investigation to determine the eligibility of the

adopted individual for enrollment in an Indian tribe. Before the department's

release of information to the bureau of Indian affairs or an Indian tribe, the

department shall request written assurance from the bureau of Indian affairs or an

Indian tribe that the information provided will remain confidential and will not be

furnished to any unauthorized individual or agency.

d. The procedure used in contacting the genetic parents of the adopted child must

be a personal and confidential contact. Any necessary contact must be made by

an employee or agent of a licensed child-placing agency or the department. The

information requested of the genetic parents must be limited to that information

necessary to make a determination of the adopted individual's eligibility for

enrollment in an Indian tribe.

e. The department or agency may charge a reasonable fee.

23. An individual may not be required to disclose the name or identity of either an adoptive

parent or an adopted individual except:

a. In accordance with this section;

b. As authorized in writing by the adoptive parent or the adopted individual; or

c. Upon order of the court entered in a proceeding brought under subsection 24.

24. An adopted individual, a genetic parent, a genetic sibling, or a guardian of any of those

individuals may petition the district court for an order directing the disclosure of

identifying information.

a. The petitioner shall state that efforts to secure the requested disclosure have

been made under this section or are forbidden under this section, that the

petitioner has a significant need for the disclosure, and the nature of that need.

b. The petition shall name the department and any child-placing agency that has

received a request under subsection 8, 9, 10, 11, 12, or 13 as respondents.

c. The respondents must furnish, to the court, for in camera review, copies of such

records as the respondents may possess that contain requested identifying

information.

d. The court may determine if individuals about whom the disclosure of identifying

information is requested must be furnished notice of the proceeding and may

require that the respondents give notice to those individuals. If those persons

participate in the proceeding they must be permitted to do so in a manner, to be

determined by the court, which avoids disclosure of identifying information except

when disclosure is ordered by the court.

e. The court may order disclosure only if the petitioner demonstrates that disclosure

will not result in any substantial harm to the individual about whom identifying

information is sought. The court may not order the disclosure of identifying

information concerning any individual who objects to that disclosure.

25. The provisions of this section governing the release of identifying and nonidentifying

adoptive information apply to adoptions completed before and after July 1, 1979.

26. Any child-placing agency discharging in good faith its responsibilities under this

section is immune from any liability, civil or criminal, that otherwise might result.

27. The department shall make such reasonable rules as are necessary to carry out the

purposes of this section.
N.D. Cent. Code § 14-12.2-47.9 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-47.9
14-12.2-47.9. (709) Partial enforcement
Status: in_force

14-12.2-47.9. (709) Partial enforcement

If a tribunal of this state does not recognize and enforce a convention support order in its

entirety, it shall enforce any severable part of the order. An application or direct request may

seek recognition and partial enforcement of a convention support order.
N.D. Cent. Code § 14-15-05 — ND Code / Title 14 / Chapter 14-15 / Section 14-15-05
14-15-05. Persons required to consent to adoption
Status: in_force

14-15-05. Persons required to consent to adoption

1. Unless consent is not required under section 14-15-06, a petition to adopt a minor may

be granted only if written consent to a particular adoption has been executed by:

a. The mother of the minor whether by birth or adoption;

b. The father of the minor, if:

(1) The minor is the father's child by adoption, or the father has otherwise

legitimated the minor according to the laws of the place in which the

adoption proceeding is brought; or

(2) The person is presumed to be the biological father of the minor under

subsection 1 of section 14-20-10, provided the nonexistence of the father

and child relationship between them has not been judicially determined;

c. Any individual lawfully entitled to custody of the minor or empowered to consent;

d. The court having jurisdiction to determine custody of the minor, if the legal

guardian or custodian of the minor is not empowered to consent to the adoption;

e. The minor, if more than ten years of age, unless the court in the best interest of

the minor dispenses with the minor's consent; and

f. The spouse of the minor to be adopted.

2. A petition to adopt an adult may be granted only if written consent to adoption has

been executed by the adult and the adult's spouse.
N.D. Cent. Code § 14-08.1-05 — ND Code / Title 14 / Chapter 14-08.1 / Section 14-08.1-05
14-08.1-05. Support order to be judgment
Status: in_force

14-08.1-05. Support order to be judgment

1. Any order directing any payment or installment of money for the support of a child is,

on and after the date it is due and unpaid:

a. A judgment by operation of law, with the full force, effect, and attributes of a

judgment of the district court, and must be entered in the judgment docket, upon

filing by the judgment creditor or the judgment creditor's assignee of a written

request accompanied by a verified statement of arrearage or certified copy of the

payment records maintained under section 50-09-02.1 and an affidavit of

identification of the judgment debtor, and otherwise enforced as a judgment;

b. Entitled as a judgment to full faith and credit in any jurisdiction which otherwise

affords full faith and credit to judgments of the district court; and

c. Not subject to retroactive modification.

2. The due and unpaid payments and any judgment entered in the judgment docket

pursuant to this section are not subject to the statutes of limitation provided in chapter
N.D. Cent. Code § 14-03-16 — ND Code / Title 14 / Chapter 14-03 / Section 14-03-16
14-03-16. Physician's certificate and laboratory statement - Misrepresentation - Penalty
Status: repealed

14-03-16. Physician's certificate and laboratory statement - Misrepresentation -

Penalty.

Repealed by S.L. 1983, ch. 175, § 3.
N.D. Cent. Code § 14-20-12 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-12
14-20-12. (302) Execution of acknowledgment of paternity
Status: in_force

14-20-12. (302) Execution of acknowledgment of paternity

1. An acknowledgment of paternity must:

a. Be in a record;

b. Be signed, or otherwise authenticated, under penalty of perjury by the mother and

by the man seeking to establish his paternity;

c. State that the child whose paternity is being acknowledged:

(1) Does not have a presumed father, or has a presumed father whose full

name is stated; and

(2) Does not have another acknowledged or adjudicated father;

d. State whether there has been genetic testing and, if so, that the acknowledging

man's claim of paternity is consistent with the results of the testing; and

e. State that the signatories understand that the acknowledgment is the equivalent

of a judicial adjudication of paternity of the child and that a challenge to the

acknowledgment is permitted only under limited circumstances and is barred after

two years.

2. An acknowledgment of paternity is void if it:

a. States that another man is a presumed father, unless a denial of paternity signed

or otherwise authenticated by the presumed father is filed with the department of

health and human services;

b. States that another man is an acknowledged or adjudicated father; or

c. Falsely denies the existence of a presumed, acknowledged, or adjudicated father

of the child.

3. A presumed father may sign or otherwise authenticate an acknowledgment of

paternity.
N.D. Cent. Code § 14-20-28 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-28
14-20-28. (504) Report of genetic testing
Status: in_force

14-20-28. (504) Report of genetic testing

1. A report of genetic testing must be in a record and signed under penalty of perjury by a

designee of the testing laboratory. A report made under the requirements of sections

14-20-25 through 14-20-35 is self-authenticating.

2. Documentation from the testing laboratory of the following information is sufficient to

establish a reliable chain of custody that allows the results of genetic testing to be

admissible without testimony:

a. The names and photographs of the individuals whose specimens have been

taken;

b. The names of the individuals who collected the specimens;

c. The places and dates the specimens were collected;

d. The names of the individuals who received the specimens in the testing

laboratory; and

e. The dates the specimens were received.
N.D. Cent. Code § 14-14.1-06 — ND Code / Title 14 / Chapter 14-14.1 / Section 14-14.1-06
14-14.1-06. (107) Priority
Status: in_force

14-14.1-06. (107) Priority

If a question of existence or exercise of jurisdiction under this chapter is raised in a child

custody proceeding, the question, upon request of a party, must be given priority on the

calendar and handled expeditiously.
N.D. Cent. Code § 14-19-03 — ND Code / Title 14 / Chapter 14-19 / Section 14-19-03
14-19-03. Establishment of relationship of father and child
Status: repealed

14-19-03. Establishment of relationship of father and child

Repealed by S.L. 2005, ch. 135, § 11.
N.D. Cent. Code § 14-07.6-01 — ND Code / Title 14 / Chapter 14-07.6 / Section 14-07.6-01
14-07.6-01. Definitions
Status: in_force

14-07.6-01. Definitions

1. "Abusive litigation" means litigation in which:

a. The parties have or had an intimate partner relationship or any other individual

with a sufficient relationship to the abusing individual as determined by the court

under section 14-07.7-07;

b. The filing party has been found by a court to have committed an act of domestic

violence or disorderly conduct against the opposing party pursuant to a court

order entered under chapter 14-07.1, 14-09, or 12.1-31.2, or an equivalent

ordinance from another state, provided the issuing court made a specific finding

of domestic violence or disorderly conduct, or the filing party has a prior

conviction relating to domestic violence against the opposing party under chapter

12.1-17;

c. There is intent on the part of the filing party to harass, intimidate, maintain contact

with, or retaliate against the opposing party; and

d. At least one of the following is true:

(1) Claims, allegations, and other legal contentions made in the litigation are not

warranted by existing law or by a reasonable argument for the extension,

modification, or reversal of existing law, or the establishment of new law;

(2) Allegations and other factual contentions made in the litigation lack

evidentiary support;

(3) The actions comprising the basis of the litigation previously have been filed

or litigated in one or more other courts or jurisdictions and have been

disposed of unfavorably against the party filing, initiating, advancing, or

continuing the litigation; or

(4) The filing party has been sanctioned previously for filing, initiating,

advancing, or continuing litigation found to be frivolous, vexatious,

intransigent, or brought in bad faith.

2. "Filing party" means the party who has filed, initiated, advanced, or continued litigation.

3. "Intimate partner" means a spouse, former spouse, an individual who has a child with

a filing party regardless of whether the individual has been married to the filing party or

lived with the filing party, or an individual who has or had a dating relationship with the

filing party.

4. "Litigation" means any motion, pleading, petition, or other court filing.

5. "Opposing party" means the party against whom the filing party has filed, initiated,

advanced, or continued litigation.
N.D. Cent. Code § 14-07.7-10 — ND Code / Title 14 / Chapter 14-07.7 / Section 14-07.7-10
14-07.7-10. Assistance of state's attorney or domestic violence sexual assault advocate
Status: in_force

14-07.7-10. Assistance of state's attorney or domestic violence sexual assault

advocate.

1. Notwithstanding subsection 5 of section 11-16-05, a victim witness coordinator or a

state's attorney staff member may assist an individual in preparation of documents

necessary to secure a civil protection order under this section.

2. Notwithstanding section 27-11-01, a certified domestic violence sexual assault

advocate, as defined under the North Dakota Supreme Court Administrative Rules,

may assist an individual in preparation of documents necessary to secure a civil

protection order under this chapter and may sit with the petitioner during court

proceedings.
N.D. Cent. Code § 14-09.3-02 — ND Code / Title 14 / Chapter 14-09.3 / Section 14-09.3-02
14-09.3-02. (103) Remedies for noncompliance
Status: in_force

14-09.3-02. (103) Remedies for noncompliance

In addition to other remedies under law of this state other than this chapter, if a court finds

that a party to a proceeding under this chapter has acted in bad faith or intentionally failed to

comply with this chapter or a court order issued under this chapter, the court may assess

reasonable attorney's fees and costs against the party and order other appropriate relief.
N.D. Cent. Code § 14-09-20 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-20
14-09-20. When parent's authority ceases
Status: in_force

14-09-20. When parent's authority ceases

The authority of a parent ceases:

1. Upon the appointment by a court of a guardian of the person of a child;

2. Upon the marriage of a child; or

3. Upon the child attaining majority.
N.D. Cent. Code § 14-02.2-01 — ND Code / Title 14 / Chapter 14-02.2 / Section 14-02.2-01
14-02.2-01. Live fetal experimentation - Penalty
Status: in_force

14-02.2-01. Live fetal experimentation - Penalty

1. A person may not use any live human fetus, whether before or after expulsion from its

mother's womb, for scientific, laboratory, research, or other kind of experimentation.

This section does not prohibit procedures incident to the study of a human fetus while

it is in its mother's womb, provided that in the best medical judgment of the physician,

made at the time of the study, the procedures do not substantially jeopardize the life or

health of the fetus, and provided the fetus is not the subject of a planned abortion. In

any criminal proceeding the fetus is conclusively presumed not to be the subject of a

planned abortion if the mother signed a written statement at the time of the study, that

the mother was not planning an abortion.

2. A person may not use a fetus or newborn child, or any tissue or organ thereof,

resulting from an induced abortion in animal or human research, experimentation, or

study, or for animal or human transplantation.

3. This section does not prohibit or regulate diagnostic or remedial procedures, the

purpose of which is to determine the life or health of the fetus involved or to preserve

the life or health of the fetus involved, or of the mother involved.

4. A fetus is a live fetus for the purposes of this section when, in the best medical

judgment of a physician, it shows evidence of life as determined by the same medical

standards as are used in determining evidence of life in a spontaneously aborted fetus

at approximately the same stage of gestational development.

5. Any person violating this section is guilty of a class A felony.
N.D. Cent. Code § 14-12.2-31 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-31
14-12.2-31. (319) Receipt and disbursement of payments
Status: in_force

14-12.2-31. (319) Receipt and disbursement of payments

1. A support enforcement agency or tribunal of this state shall disburse promptly any

amounts received pursuant to a support order, as directed by the order. The agency or

tribunal shall furnish to a requesting party or tribunal of another state or foreign country

a certified statement by the custodian of the record of the amounts and dates of all

payments received.

2. If neither the obligor, nor the obligee who is an individual, nor the child resides in this

state, upon request from the support enforcement agency of this state or another

state, the support enforcement agency of this state or a tribunal of this state shall:

a. Direct that the support payment be made to the support enforcement agency in

the state in which the obligee is receiving services; and

b. Issue and send to the obligor's employer a conforming income-withholding order

or an administrative notice of change of payee, reflecting the redirected

payments.

3. The support enforcement agency of this state receiving redirected payments from

another state pursuant to a law similar to subsection 2 shall furnish to a requesting

party or tribunal of the other state a certified statement by the custodian of the record

of the amount and dates of all payments received.
N.D. Cent. Code § 14-05-21 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-21
14-05-21. Legitimacy of children - Adultery by wife
Status: in_force

14-05-21. Legitimacy of children - Adultery by wife

When a divorce is granted for the adultery of the wife, the legitimacy of children begotten of

her before the commission of the adultery is not affected, but the legitimacy of other children of

the wife may be determined by the court upon the evidence in the case. In every such case, all

children begotten before the commencement of the action are to be presumed legitimate until

the contrary is shown.
N.D. Cent. Code § 14-06.1-16 — ND Code / Title 14 / Chapter 14-06.1 / Section 14-06.1-16
14-06.1-16. Continuing appropriation
Status: in_force

14-06.1-16. Continuing appropriation

1. There is hereby appropriated out of any moneys in the displaced homemaker account

in the state treasury, not otherwise appropriated, the sum of two hundred fifty thousand

dollars per biennium, or so much thereof as may be necessary, to the superintendent

of public instruction for the purpose of providing services for displaced homemakers

under chapter 14-06.1. At least ninety-five percent of the funds appropriated by this

subsection must be used by the superintendent for the direct provision of displaced

homemaker services.

2. There is hereby appropriated out of any additional funds that may become available

through grants, gifts, or other sources to the superintendent of public instruction for the

purpose of providing services for displaced homemakers. Unless otherwise required

by federal eligibility standards, at least ninety-five percent of the funds acquired and

appropriated to the superintendent by this subsection must be used by the

superintendent for the direct provision of displaced homemaker services. Funds

appropriated pursuant to this subsection may be spent only upon approval of the

emergency commission.
N.D. Cent. Code § 14-02.1-02.1 — ND Code / Title 14 / Chapter 14-02.1 / Section 14-02.1-02.1
14-02.1-02.1. Printed information - Referral service
Status: in_force

14-02.1-02.1. Printed information - Referral service

1. The department of health and human services shall publish in English, and in every

other language that the department determines is the primary language of a significant

number of state residents, the following easily comprehensible printed materials:

a. Geographically indexed materials designed to inform the woman of public and

private agencies and services available to assist a woman through pregnancy,

upon childbirth, and while the child is dependent, including adoption agencies.

The materials must include a comprehensive list of the agencies available, a

description of the services they offer and a description of the manner, including

telephone numbers, in which they might be contacted, or, at the option of the

department, printed materials, including a toll-free, twenty-four-hour-a-day

telephone number that may be called to obtain, orally, such a list and description

of agencies in the locality of the caller and of the services they offer. The

materials must state that it is unlawful for any individual to coerce a woman to

undergo an abortion and that if a minor is denied financial support by the minor's

parent, guardian, or custodian due to the minor's refusal to have an abortion

performed, the minor is deemed to be emancipated for the purposes of eligibility

for public assistance benefits, except that those benefits may not be used to

obtain an abortion. The materials also must state that any physician who

performs an abortion upon a woman without her informed consent may be liable

to her for damages in a civil action and that the law permits adoptive parents to

pay costs of prenatal care, childbirth, and neonatal care. The materials must

include the following statement: There are many public and private agencies

willing and able to help you to carry your child to term and to assist you and your

child after your child is born, whether you choose to keep your child or to place

your child for adoption. The state of North Dakota strongly urges you to contact

one or more of these agencies before making a final decision about abortion. The

law requires that your physician or your physician's agent give you the

opportunity to call agencies like these before you undergo an abortion.

b. Materials, published in a booklet format, designed to inform the woman of the

probable anatomical and physiological characteristics of the unborn child at

two-week gestational increments from the time when a woman can be known to

be pregnant to full term, including any relevant information on the possibility of

the survival of the unborn child and color photographs of the development of an

unborn child at two-week gestational increments. The descriptions must include

information about brain and heart function, the presence of external members

and internal organs during the applicable states of development, and any relevant

information on the possibility of the unborn child's survival. The materials must be

objective, nonjudgmental, and designed to convey only accurate scientific

information about the unborn child at the various gestational ages. The materials

required under this subsection must be reviewed, updated, and reprinted as

needed.

c. Materials that include information on the support obligations of the father of a

child who is born alive, including the father's legal duty to support his child, which

may include child support payments and health insurance, and the fact that

paternity may be established by the father's signature on an acknowledgment of

paternity or by court action. The printed material must also state that more

information concerning paternity establishment and child support services and

enforcement may be obtained by calling state public assistance agencies or

human service zones.

d. Materials that contain objective information describing the various surgical and

drug-induced methods of abortion as well as the immediate and long-term

medical risks commonly associated with each abortion method, including the

risks of infection, hemorrhage, cervical or uterine perforation or rupture, danger to

subsequent pregnancies, the possible increased risk of breast cancer, the

possible adverse psychological effects associated with an abortion, and the

medical risks associated with carrying a child to term.

e. Materials including information it may be possible to reverse the effects of an

abortion-inducing drug but time is of the essence. The materials must include

information directing the patient where to obtain further information and

assistance in locating a medical professional who can aid in the reversal of

abortion-inducing drugs.

f. Materials including a notice that the performance of certain abortions is prohibited

by law.

2. The materials required under subsection 1 must be available at no cost from the

department of health and human services upon request and in appropriate number to

any person, facility, or hospital, and, except for copyrighted material, must be available

on the department's internet website. The department may make the copyrighted

material available on its internet website if the department pays the copyright royalties.
N.D. Cent. Code § 14-15-11 — ND Code / Title 14 / Chapter 14-15 / Section 14-15-11
14-15-11. Notice of petition - Investigation and hearing
Status: in_force

14-15-11. Notice of petition - Investigation and hearing

1. a. After the filing of a petition to adopt a minor, the court shall fix a time and place for

hearing the petition. At least twenty days before the date of hearing, notice of the

filing of the petition and of the time and place of hearing must be given by the

petitioner to the department and if the minor to be adopted is in the custody of the

human service zone to the human service zone; any agency or individual whose

consent to the adoption is required by this chapter but who has not consented; an

individual whose consent is dispensed with upon any ground mentioned in

subdivisions a, b, f, h, i, and j of subsection 1 of section 14-15-06 but who has not

consented; any appropriate Indian tribe; and any individual identified by the court

as a biological parent or a possible biological parent of the minor, upon making

inquiry to the extent necessary and appropriate, as in proceedings under section

27-20.3-22, unless the individual has relinquished parental rights or the

individual's parental rights have been previously terminated by a court. The notice

to the department and if the minor to be adopted is in the custody of the human

service zone to the human service zone must be accompanied by a copy of the

petition.

b. Notice of the filing of a petition to adopt an adult must be given by the petitioner at

least twenty days before the date of the hearing to each living parent of the adult

to be adopted.

2. An investigation must be made by a licensed child-placing agency or by the

department when a child-placing agency has a conflict of interest to inquire into the

conditions and antecedents of a minor sought to be adopted and of the petitioner for

the purpose of ascertaining whether:

a. The proposed adoption is in the best interest of the minor; and

b. The adoptive home is suitable for the minor. The licensed child-placing agency

shall obtain and consider the foster care assessment of an applicant who is also

a licensed or approved family foster home for children in the manner prescribed

by the department. An adoptive home is presumed suitable if, in the manner

prescribed by the department, the petitioner is continuously licensed or approved

as a family foster home for children under chapter 50-11 to furnish foster care for

children without a correction order, fiscal sanction, or license revocation

proceeding, unless the custodial agency reasonably believes the use of the foster

care assessment or the licensed or approved family foster home for children is

not in the best interest of the minor.

3. A written report of the investigation must be filed with the court by the investigator

before the petition is heard.

4. The report of the investigation must contain:

a. A review of the child's history;

b. A preplacement adoption assessment of the petitioner, including a criminal history

record investigation of the petitioner;

c. A postplacement evaluation of the placement with a recommendation as to the

granting of the petition for adoption;

d. The petitioner's foster care assessment to demonstrate the presumed suitability

of the adoptive home if a foster care assessment was considered in the

investigation under subsection 2 of this section; and

e. Any other information the court requires regarding the petitioner or the minor.

5. An investigation and report is not required in cases in which a stepparent is the

petitioner or the individual to be adopted is an adult. The department and human

service zone, when required to consent to the adoption, may give consent without

making the investigation. If the petitioner is a court-appointed legal guardian or a

relative other than a stepparent of the minor, the minor has lived with the petitioner for

at least nine months, no allegations of abuse or neglect have been filed against the

petitioner or any member of the petitioner's household, and the court is satisfied that

the proposed adoptive home is appropriate for the minor, the court may waive the

investigation and report required under this section.

6. The department and human service zone, when required to consent to the adoption,

may request the licensed child-placing agency to conduct further investigation and to

make a written report thereof as a supplemental report to the court.

7. After the filing of a petition to adopt an adult, the court by order shall direct that a copy

of the petition and a notice of the time and place of the hearing be given to any

individual whose consent to the adoption is required but who has not consented and to

each living parent of the adult to be adopted. The court may order an appropriate

investigation to assist it in determining whether the adoption is in the best interest of

the individuals involved.

8. Notice must be given in the manner appropriate under the North Dakota Rules of Civil

Procedure for the service of process in a civil action in this state or in any manner the

court by order directs. Proof of the giving of the notice must be filed with the court

before the petition is heard.
N.D. Cent. Code § 14-03-08 — ND Code / Title 14 / Chapter 14-03 / Section 14-03-08
14-03-08. Foreign marriages recognized - Exception
Status: in_force

14-03-08. Foreign marriages recognized - Exception

Except when residents of this state contract a marriage in another state which is prohibited

under the laws of this state, all marriages contracted outside this state, which are valid

according to the laws of the state or country where contracted, are valid in this state. This

section applies only to a marriage contracted in another state or country which is between one

man and one woman as husband and wife.
N.D. Cent. Code § 14-02.5-22 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-22
14-02.5-22. Conciliation
Status: in_force

14-02.5-22. Conciliation

The department shall, during the period beginning with the filing of a complaint and ending

with the filing of a charge or a dismissal by the department, to the extent feasible, engage in

conciliation with respect to the complaint. A conciliation agreement between a respondent and

the complainant is subject to departmental approval. A conciliation agreement may provide for

binding arbitration or another method of dispute resolution. Dispute resolution that results from a

conciliation agreement may authorize appropriate relief, including monetary relief.
N.D. Cent. Code § 14-20-61 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-61
14-20-61. (703) Paternity of child of assisted reproduction
Status: in_force

14-20-61. (703) Paternity of child of assisted reproduction

A man who provides sperm for, or consents to, assisted reproduction by a woman as

provided in section 14-20-62 with the intent to be the parent of her child, is a parent of the

resulting child. Parentage of a child born to a gestational carrier is governed by chapter 14-18.
N.D. Cent. Code § 14-03-15 — ND Code / Title 14 / Chapter 14-03 / Section 14-03-15
14-03-15. When serological test not necessary
Status: repealed

14-03-15. When serological test not necessary

Repealed by S.L. 1983, ch. 175, § 3.
N.D. Cent. Code § 14-08.1-08 — ND Code / Title 14 / Chapter 14-08.1 / Section 14-08.1-08
14-08.1-08. Certification of records
Status: in_force

14-08.1-08. Certification of records

An authorized agent of the child support agency, in any circumstance or proceeding

requiring proof of the contents of the official records of the state regarding any information

maintained in the state case registry of the automated data processing system established

under section 50-09-02.1, may certify the content of those records. A certification provided

under this section is prima facie evidence of the contents of those records.
N.D. Cent. Code § 14-07-16 — ND Code / Title 14 / Chapter 14-07 / Section 14-07-16
14-07-16. Abandonment or nonsupport of spouse - Penalty
Status: in_force

14-07-16. Abandonment or nonsupport of spouse - Penalty

Every husband or wife who, without lawful excuse, deserts that person's spouse with intent

wholly to abandon that spouse or who willfully fails to furnish such food, shelter, clothing, and

medical attention as is reasonably necessary and sufficient to keep the life of the spouse from

danger and discomfort and the spouse's health from injury, is guilty of a class C felony.

If a husband or wife while in another state and having left that person's spouse in this state,

willfully and intentionally and without lawful excuse deserts that person's spouse and abandons

the spouse, or while in such other state, willfully and intentionally fails to furnish such food,

shelter, clothing, and medical attention as is reasonably necessary, as herein provided, while

that person's spouse is in this state, such abandonment and failure to support must be

construed to have been committed in this state and all of the laws of this state with reference to

punishment apply with the same force and effect as if such abandonment and failure to support

had occurred in this state and the abandoning spouse is subject to the penalty as in this section

provided.
N.D. Cent. Code § 14-14.2-01 — ND Code / Title 14 / Chapter 14-14.2 / Section 14-14.2-01
14-14.2-01. Definitions
Status: in_force

14-14.2-01. Definitions

As used in this chapter:

1. "Abduction" means the wrongful removal or wrongful retention of a child.

2. "Child" means an unemancipated individual who is seventeen years of age or younger.

3. "Child-custody determination" means a judgment, decree, or other order of a court

providing for the legal custody, physical custody, or visitation with respect to a child.

The term includes a permanent, temporary, initial, and modification order.

4. "Child-custody proceeding" means a proceeding in which legal custody, physical

custody, or visitation with respect to a child is at issue. The term includes a proceeding

for divorce, dissolution of marriage, separation, neglect, abuse, dependency,

guardianship, paternity, termination of parental rights, or protection from domestic

violence.

5. "Court" means the district court.

6. "Petition" includes a motion or its equivalent.

7. "Record" means information inscribed on a tangible medium or stored in an electronic

or other medium and is retrievable in perceivable form.

8. "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession subject to the

jurisdiction of the United States. The term includes a federally recognized Indian tribe

or nation.

9. "Travel document" means a record relating to a travel itinerary, including a travel ticket,

pass, or reservation for transportation or accommodations. The term does not include

a passport or visa.

10. "Wrongful removal" means the taking of a child which breaches rights of custody or

visitation given or recognized under the law of this state.

11. "Wrongful retention" means the keeping or concealing of a child which breaches rights

of custody or visitation given or recognized under the law of this state.
N.D. Cent. Code § 14-20-57 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-57
14-20-57. (636) Order adjudicating parentage
Status: in_force

14-20-57. (636) Order adjudicating parentage

1. The court shall issue an order adjudicating whether a man alleged or claiming to be

the father is the parent of the child.

2. An order adjudicating parentage must identify the child by name and date of birth.

3. The order must include the social security numbers of the child and the individuals

determined to be the child's parents.

4. The order may contain any other provision in the best interest of the child, including

payment of support, payment of expenses of the mother's pregnancy and confinement,

custody of the child, visitation with the child, and furnishing of bond or other security

for payment of support. A support order must be for a monthly payment in an amount

consistent with the guidelines established under section 14-09-09.7 and must be

subject to section 14-09-08.1. All remedies for the enforcement of support, custody,

and visitation orders apply. The court has continuing jurisdiction to modify an order for

future support and, subject to section 14-09-09.6, custody of and visitation with the

child.

5. Except as otherwise provided in subsection 6, the court may assess filing fees,

reasonable attorney's fees, fees for genetic testing, other costs, and necessary travel

and other reasonable expenses incurred in a proceeding under sections 14-20-36

through 14-20-58. The court may award attorney's fees, which may be paid directly to

the attorney, who may enforce the order in the attorney's own name.

6. The court may not assess fees, costs, or expenses against the support enforcement

agency of this state or another state, except as provided by other law.

7. On request of a party and for good cause shown, the court may order that the name of

the child be changed.

8. If the order of the court is at variance with the child's birth certificate, the court shall

order the department of health and human services to issue an amended birth

registration.

9. An order adjudicating parentage must be filed with the department of health and

human services.
N.D. Cent. Code § 14-12.2-15 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-15
14-12.2-15. (303) Application of law of this state
Status: in_force

14-12.2-15. (303) Application of law of this state

Except as otherwise provided by this chapter, a responding tribunal of this state shall:

1. Apply the procedural and substantive law generally applicable to similar proceedings

originating in this state and may exercise all powers and provide all remedies available

in those proceedings; and

2. Determine the duty of support and the amount payable in accordance with the law and

support guidelines of this state.
N.D. Cent. Code § 14-03.2-08 — ND Code / Title 14 / Chapter 14-03.2 / Section 14-03.2-08
14-03.2-08. Enforcement
Status: in_force

14-03.2-08. Enforcement

1. A premarital agreement or marital agreement is unenforceable if a party against whom

enforcement is sought proves:

a. The party's consent to the agreement was involuntary or the result of duress;

b. The party did not have access to independent legal representation under

subsection 2;

c. Unless the party had independent legal representation at the time the agreement

was signed, the agreement did not include a notice of waiver of rights under

subsection 3 or an explanation in plain language of the marital rights or

obligations being modified or waived by the agreement; or

d. Before signing the agreement, the party did not receive adequate financial

disclosure under subsection 4.

2. A party has access to independent legal representation if:

a. Before signing a premarital or marital agreement, the party has a reasonable time

to:

(1) Decide whether to retain a lawyer to provide independent legal

representation; and

(2) Locate a lawyer to provide independent legal representation, obtain the

lawyer's advice, and consider the advice provided; and

b. The other party is represented by a lawyer and the party has the financial ability

to retain a lawyer or the other party agrees to pay the reasonable fees and

expenses of independent legal representation.

3. A notice of waiver of rights under this section requires language, conspicuously

displayed, substantially similar to the following, as applicable to the premarital

agreement or marital agreement:

"If you sign this agreement, you may be:

Giving up your right to be supported by the person you are marrying or to whom

you are married.

Giving up your right to ownership or control of money and property.

Agreeing to pay bills and debts of the person you are marrying or to whom you are

married.

Giving up your right to money and property if your marriage ends or the person to

whom you are married dies.

Giving up your right to have your legal fees paid."

4. A party has adequate financial disclosure under this section if the party:

a. Receives a reasonably accurate description and good-faith estimate of value of

the property, liabilities, and income of the other party;

b. Expressly waives, in a separate signed record, the right to financial disclosure

beyond the disclosure provided; or

c. Has adequate knowledge or a reasonable basis for having adequate knowledge

of the information described in subdivision a.

5. If a premarital agreement or marital agreement modifies or eliminates spousal support

and the modification or elimination causes a party to the agreement to be eligible for

support under a program of public assistance at the time of separation or marital

dissolution, a court, on request of that party, may require the other party to provide

support to the extent necessary to avoid that eligibility.

6. A court may refuse to enforce a term of a premarital agreement or marital agreement

if, in the context of the agreement taken as a whole:

a. The term was unconscionable at the time of signing; or

b. Enforcement of the term would result in substantial hardship for a party because

of a material change in circumstances arising after the agreement was signed.

7. The court shall decide a question of unconscionability or substantial hardship under

subsection 6 as a matter of law.
N.D. Cent. Code § 14-20-20 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-20
14-20-20. (310) Ratification barred
Status: in_force

14-20-20. (310) Ratification barred

A court or administrative agency conducting a judicial or administrative proceeding is not

required or permitted to ratify an unchallenged acknowledgment of paternity.
N.D. Cent. Code § 14-02.3-04 — ND Code / Title 14 / Chapter 14-02.3 / Section 14-02.3-04
14-02.3-04. Abortion in government hospitals operated within North Dakota restricted
Status: in_force

14-02.3-04. Abortion in government hospitals operated within North Dakota restricted

No person may authorize or perform an abortion in a hospital owned, maintained, or

operated within the state by the state or any of its agencies or by any political subdivision of the

state, unless the abortion is necessary to prevent the death of the woman.
N.D. Cent. Code § 14-07.7-14 — ND Code / Title 14 / Chapter 14-07.7 / Section 14-07.7-14
14-07.7-14. Appointment of guardian ad litem of minor
Status: in_force

14-07.7-14. Appointment of guardian ad litem of minor

1. The court, upon the request of either party or upon its own motion, may appoint an

attorney guardian ad litem in an action for a civil protection order to represent a minor

if either party or the court has reason for special concern for the immediate future of

the minor.

2. A guardian ad litem may be appointed at the time of a temporary civil protection order

or any time before the full hearing.

3. The role of the guardian ad litem consists of investigation and making a

recommendation and report to the court. At no time may the involvement of the

guardian ad litem alter the requirements set forth in section 14-07.7-02.

4. Appointment of the guardian ad litem expires immediately after the full hearing unless

the court retains the right, upon specific finding of need, to continue the appointment of

a guardian ad litem to represent a minor in matters concerning parenting time.

5. The guardian ad litem shall have access to records before the court, except as

otherwise provided by law.

6. The court may direct either or both parties to pay the guardian ad litem fees

established by the court. If neither party is able to pay the fees, the court, after notice

to the state's attorney of the county of venue, may direct the fees to be paid, in whole

or in part, by the county of venue. The court may direct either or both parties to

reimburse the county, in whole or in part, for the payment.
N.D. Cent. Code § 14-03.2-06 — ND Code / Title 14 / Chapter 14-03.2 / Section 14-03.2-06
14-03.2-06. When agreement effective
Status: in_force

14-03.2-06. When agreement effective

A premarital agreement is effective on marriage. A marital agreement is effective on signing

by both parties.
N.D. Cent. Code § 14-02.4-19 — ND Code / Title 14 / Chapter 14-02.4 / Section 14-02.4-19
14-02.4-19. Actions - Limitations
Status: in_force

14-02.4-19. Actions - Limitations

1. Any person claiming to be aggrieved by a discriminatory practice with regard to public

services or public accommodations in violation of this chapter may file a complaint of

discriminatory practices with the department or may bring an action in the district court

in the judicial district in which the unlawful practice is alleged to have been committed

or in the district in which the person would have obtained public accommodations or

services were it not for the alleged discriminatory act within one hundred eighty days

of the alleged act of wrongdoing.

2. Any person claiming to be aggrieved by any discriminatory practice other than public

services or public accommodations in violation of this chapter may file a complaint of

discriminatory practice with the department or, except as limited by this section, may

bring an action in the district court in the judicial district in which the unlawful practice

is alleged to have been committed, in the district in which the records relevant to the

practice are maintained and administered, or in the district in which the person would

have worked or obtained credit were it not for the alleged discriminatory act within

three hundred days of the alleged act of wrongdoing.

3. Except as otherwise limited by this section, if a complaint of a discriminatory practice is

first filed with the department, the period of limitation for bringing an action in the

district court is ninety days from the date the department dismisses the complaint or

issues a written probable cause determination.

4. If a person elects to bring an action in the district court under this chapter, any

administrative action pending before the department based upon the same

discriminatory acts must be dismissed immediately.

5. A person whose collective bargaining agreement, employment contract, or public

employee rights provides a process through which recourse for discriminatory acts is

available must exercise that process to completion before commencing an action

under this section, and if that process provides for judicial review by statutory appeal

or through special proceedings, then that process must be followed to completion. The

period of limitation for bringing an action in the district court if there is no statutory

appeal is ninety days from the date the available process is completed or if a

complaint is filed with the department, ninety days from the date the department

dismisses a complaint or issues a written probable cause determination, whichever is

greater. In those cases when there is no statutory appeal, a request for an

administrative hearing under section 14-02.4-23 must be made within twenty days

from the date the department dismisses a complaint or issues a probable cause

determination, but no administrative hearing may be held until any available internal

process is completed. A person found to have been subjected to a discriminatory act

through an administrative process may apply to the district court for an award of

reasonable attorney's fees and costs. Nothing in this subsection limits the ability of the

department to receive and investigate complaints of discrimination and engage in

informal conciliation.
N.D. Cent. Code § 14-03-17 — ND Code / Title 14 / Chapter 14-03 / Section 14-03-17
14-03-17. Application for license
Status: in_force

14-03-17. Application for license

1. When application is made to a recorder, unless the board of county commissioners

designates a different official, for a marriage license, the recorder, or designated

official, shall inquire of the applicant concerning the legality of the contemplated

marriage. The recorder, or designated official, may examine other witnesses. The facts

concerning the legality of the marriage may be submitted to the recorder, or

designated official, by affidavit. The recorder, or designated official, also shall require

each applicant to submit the following facts upon blanks provided by the county,

together with documentary evidence of age:

a. An affidavit by each of the applicants showing that each is over the age of

eighteen years. In addition, each applicant shall exhibit to the recorder, or

designated official, a birth certificate or other satisfactory evidence of age. If

either applicant is under the age of eighteen years, the recorder, or designated

official, shall require the written consent of:

(1) Either parent of the minor applicant, if the parents are living together;

(2) The parent having the legal custody of the minor applicant, if the parents are

not living together;

(3) The surviving parent, if one of the parents of the minor applicant is

deceased; or

(4) The guardian, or person under whose care and government the minor

applicant is, if both parents of the minor applicant are deceased, or if a

person other than a parent has legal and actual custody of the minor

applicant.

b. An affidavit showing whether either or both of the parties have been divorced. If a

decree of divorce has been granted to either or both of the parties, a certified

copy of the decree must be filed with the application. A license shall not be issued

if it contravenes any provisions of the divorce decree.

2. All affidavits must be subscribed and sworn to before a person authorized to

administer oaths. The recorder, or designated official, shall retain on file all papers and

records pertaining to all marriage licenses. Anyone knowingly swearing falsely to the

statements contained in any affidavit mentioned in this section is subject to the penalty

provided in section 14-03-28.

3. Each application for a marriage license must also contain a statement regarding

surname options which is consistent with section 14-03-20.1.

4. Each application for a marriage license must contain the social security number of

each applicant.
N.D. Cent. Code § 14-12.2-47.11 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-47.11
14-12.2-47.11. (711) Modification of convention child support order
Status: in_force

14-12.2-47.11. (711) Modification of convention child support order

1. A tribunal of this state may not modify a convention child support order if the obligee

remains a resident of the foreign country where the support order was issued unless:

a. The obligee submits to the jurisdiction of a tribunal of this state, either expressly

or by defending on the merits of the case without objecting to the jurisdiction at

the first available opportunity; or

b. The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support

order or issue a new support order.

2. If a tribunal of this state does not modify a convention child support order because the

order is not recognized in this state, subsection 3 of section 14-12.2-47.8 applies.
N.D. Cent. Code § 14-03-20.1 — ND Code / Title 14 / Chapter 14-03 / Section 14-03-20.1
14-03-20.1. Surname options
Status: in_force

14-03-20.1. Surname options

1. Every person has the right to adopt any surname by which that person wishes to be

known by using that surname consistently and without intent to defraud.

2. A person's surname does not automatically change upon marriage. Neither party to the

marriage must change the party's surname. Parties to a marriage need not have the

same surname.

3. One party or both parties to a marriage may elect to change the surname by which

that party wishes to be known after the solemnization of the marriage by entering the

new surname in the space provided on the marriage license application. The entry on

the application must consist of one of the following surnames:

a. The surname of the other spouse;

b. Any former surname of either spouse;

c. A name combining into a single surname all or a segment of the premarriage

surname or any former surname of either spouse; or

d. A combination name separated by a hyphen or space, provided that each part of

the combination surname is the premarriage surname or former surname of either

spouse.

4. Use of the option under subsection 3 has the effect of providing a record of the

surname change. The marriage certificate containing the new surname, if any,

constitutes proof that the use of the new surname, or the retention of the former

surname, is lawful.

5. Neither the use of nor the failure to use the option of selecting a new surname by

means of a marriage license application, as provided in subsection 3, abrogates the

right of either party to adopt a different surname through usage at a future date.

6. Compliance with the surname provisions of this section is sufficient to meet the

satisfactory evidence requirements of section 39-06-07.1.
N.D. Cent. Code § 14-15-18 — ND Code / Title 14 / Chapter 14-15 / Section 14-15-18
14-15-18. Application for new birth record
Status: in_force

14-15-18. Application for new birth record

Within thirty days after an adoption decree or decree of validation of foreign adoption

becomes final, the clerk of the court shall prepare an application for a birth record in the new

name of the adopted individual and forward the application to the appropriate vital statistics

office of the place, if known, where the adopted individual was born and forward a copy of the

decree to the department of this state for statistical purposes. In the case of the adoption of an

individual born outside of the United States, the court may make findings, based on evidence

from the petitioner and other reliable state or federal sources, on the date and place of birth and

parentage of the adopted individual. These findings must be certified by the court and included

with the report of adoption filed with the state registrar of vital statistics pursuant to section

23-02.1-17.
N.D. Cent. Code § 14-09-09.37 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.37
14-09-09.37. Allocation of tax exemption for the child
Status: repealed

14-09-09.37. Allocation of tax exemption for the child

Repealed by S.L. 2019, ch. 127, § 8.
N.D. Cent. Code § 14-14.1-25 — ND Code / Title 14 / Chapter 14-14.1 / Section 14-14.1-25
14-14.1-25. (305) Registration of child custody determination
Status: in_force

14-14.1-25. (305) Registration of child custody determination

1. A child custody determination issued by a court of another state may be registered in

this state, with or without a simultaneous request for enforcement, by sending to the

district court in this state:

a. A letter or other document requesting registration;

b. Two copies, including one certified copy, of the determination sought to be

registered, and a statement under penalty of perjury that to the best of the

knowledge and belief of the person seeking registration the order has not been

modified; and

c. Except as otherwise provided in section 14-14.1-20, the name and address of the

person seeking registration and any parent or person acting as a parent who has

been awarded custody or visitation in the child custody determination sought to

be registered.

2. On receipt of the documents required by subsection 1, the registering court shall:

a. Cause the determination to be filed as a foreign judgment, together with one copy

of any accompanying documents and information, regardless of their form; and

b. Serve notice upon the persons named pursuant to subdivision c of subsection 1

and provide them with an opportunity to contest the registration in accordance

with this section.

3. The notice required by subdivision b of subsection 2 must state that:

a. A registered determination is enforceable as of the date of the registration in the

same manner as a determination issued by a court of this state;

b. A hearing to contest the validity of the registered determination must be

requested within twenty days after service of notice; and

c. Failure to contest the registration will result in confirmation of the child custody

determination and preclude further contest of that determination with respect to

any matter that could have been asserted.

4. A person seeking to contest the validity of a registered order must request a hearing

within twenty days after service of the notice. At that hearing, the court shall confirm

the registered order unless the person contesting registration establishes that:

a. The issuing court did not have jurisdiction under sections 14-14.1-12 through

14-14.1-21;

b. The child custody determination sought to be registered has been vacated,

stayed, or modified by a court having jurisdiction to do so under sections

14-14.1-12 through 14-14.1-21; or

c. The person contesting registration was entitled to notice, but notice was not given

in accordance with section 14-14.1-07, in the proceedings before the court that

issued the order for which registration is sought.

5. If a timely request for a hearing to contest the validity of the registration is not made,

the registration is confirmed as a matter of law and the person requesting registration

and all persons served must be notified of the confirmation.

6. Confirmation of a registered order, whether by operation of law or after notice and

hearing, precludes further contest of the order with respect to any matter that could

have been asserted at the time of registration.
N.D. Cent. Code § 14-02.5-12 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-12
14-02.5-12. Effect on other law
Status: in_force

14-02.5-12. Effect on other law

1. This chapter does not affect a reasonable local or state restriction on the maximum

number of occupants permitted to occupy a dwelling or a restriction relating to health

or safety standards.

2. This chapter does not affect a requirement of nondiscrimination in any other state or

federal law.
N.D. Cent. Code § 14-02.4-15 — ND Code / Title 14 / Chapter 14-02.4 / Section 14-02.4-15
14-02.4-15. Public services - Discriminatory practices
Status: in_force

14-02.4-15. Public services - Discriminatory practices

1. It is a discriminatory practice for a person engaged in the provision of public services

to fail to provide to an individual access to the use of and benefit thereof, or to give

adverse or unequal treatment to an individual in connection therewith because of the

individual's race, color, religion, sex, national origin, age, physical or mental disability,

or status with respect to marriage or public assistance.

2. Subsection 1 does not apply to:

a. An individual committed to the legal and physical custody of the department of

corrections and rehabilitation; or

b. An individual confined in a correctional facility, as defined in section 12-44.1-01.
N.D. Cent. Code § 14-12.2-27 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-27
14-12.2-27. (315) Nonparentage as defense
Status: in_force

14-12.2-27. (315) Nonparentage as defense

A party whose parentage of a child has been previously determined by or pursuant to law

may not plead nonparentage as a defense to a proceeding under this chapter.
N.D. Cent. Code § 14-07.7-12 — ND Code / Title 14 / Chapter 14-07.7 / Section 14-07.7-12
14-07.7-12. Service
Status: in_force

14-07.7-12. Service

1. When a protection order is issued, extended, modified, or terminated under this

chapter, the court shall transmit a copy of the order to the sheriff of the county in which

the respondent resides for service on the respondent.

2. If the respondent cannot be served, the order may be served on the respondent by

publication under rule 4 of the North Dakota Rules of Civil Procedure.

3. Service must be made on the respondent at least five days before the hearing. If

service cannot be made or if additional time is required to complete service by

publication, the court may set a new date for the hearing.

4. No service fee may be charged to the petitioner.
N.D. Cent. Code § 14-09-15 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-15
14-09-15. Support of children after majority
Status: in_force

14-09-15. Support of children after majority

When a child, after attaining majority, continues to serve and to be supported by the parent,

neither party is entitled to compensation in the absence of an agreement therefor.
N.D. Cent. Code § 14-14.2-09 — ND Code / Title 14 / Chapter 14-14.2 / Section 14-14.2-09
14-14.2-09. Duration of abduction prevention order
Status: in_force

14-14.2-09. Duration of abduction prevention order

An abduction prevention order remains in effect until the earliest of:

1. The time stated in the order;

2. The emancipation of the child;

3. The child attaining eighteen years of age; or

4. The time the order is modified, revoked, vacated, or superseded by a court with

jurisdiction under sections 14-14.1-12 through 14-14.1-14.
N.D. Cent. Code § 14-07-20 — ND Code / Title 14 / Chapter 14-07 / Section 14-07-20
14-07-20. Conditions of bond
Status: in_force

14-07-20. Conditions of bond

The bond given in lieu of or in addition to the punishment for abandonment or nonsupport

must provide that the defendant shall furnish a spouse or child with proper food, shelter,

clothing, and medical attention for such a period, not exceeding five years, as the court may

order. The bond, in the discretion of the court, may be conditioned upon the payment of a

specified sum of money at stated intervals.
N.D. Cent. Code § 14-02.1-07 — ND Code / Title 14 / Chapter 14-02.1 / Section 14-02.1-07
14-02.1-07. Records required - Reporting of practice of abortion
Status: in_force

14-02.1-07. Records required - Reporting of practice of abortion

1. a. All abortion facilities and hospitals in which abortions are performed shall keep

records, including admission and discharge notes, histories, results of tests and

examinations, nurses' worksheets, social service records, and progress notes,

and shall further keep a copy of all written certifications provided for in this

chapter as well as a copy of the constructive notice forms, consent forms, court

orders, abortion data reports, adverse event reports, abortion compliance reports,

and complication reports. All abortion facilities shall keep the following records:

(1) The number of women who availed themselves of the opportunity to receive

and view an ultrasound image of their unborn children pursuant to section

14-02.1-04, and the number who did not; and of each of those numbers, the

number who, to the best of the reporting abortion facility's information and

belief, went on to obtain the abortion.

(2) A record of the probable gestational age of the unborn child at the time of

the abortion. If a probable gestational age of the unborn child was not made

because of a medical emergency, the record must include the basis of the

determination that a medical emergency existed.

b. The medical records of abortion facilities and hospitals in which abortions are

performed and all information contained therein must remain confidential and

may be used by the department of health and human services only for gathering

statistical data and ensuring compliance with the provisions of this chapter.

c. Records must be maintained in the permanent files of the hospital or abortion

facility for a period of not less than seven years.

2. a. An individual abortion compliance report and an individual abortion data report for

each abortion performed upon a woman must be completed by her attending

physician. The abortion data report must be confidential and may not contain the

name of the woman. The abortion data report must include the data called for in

the United States standard report of induced termination of pregnancy as

recommended by the national center for health statistics and whether:

(1) The abortion was performed to prevent the death of the pregnant female;

(2) The pregnancy resulted from gross sexual imposition, sexual imposition,

sexual abuse of a ward, or incest, as those offenses are defined in chapter

12.1-20; or

(3) Necessary due to a medical emergency.

b. All abortion compliance reports must be signed by the attending physician within

twenty-four hours and submitted to the department of health and human services

within ten business days from the date of the abortion. All abortion data and

complication reports must be signed by the attending physician and submitted to

the department of health and human services within thirty days from the date of

the abortion. If a physician provides an abortion-inducing drug to another for the

purpose of inducing an abortion and the physician knows that the individual

experiences during or after the use an adverse event, the physician shall provide

a written report of the adverse event within thirty days of the event to the

department of health and human services and the federal food and drug

administration via the medwatch reporting system. For purposes of this section,

"adverse event" is defined based upon the federal food and drug administration

criteria given in the medwatch reporting system. If a determination of probable

gestational age of the unborn child was not made, the abortion compliance report

must state the basis of the determination that a medical emergency existed.

c. A copy of the abortion report, any complication report, and any adverse event

report must be made a part of the medical record of the patient at the facility or

hospital in which the abortion was performed. In cases when post-abortion

complications are discovered, diagnosed, or treated by physicians not associated

with the facility or hospital where the abortion was performed, the department of

health and human services shall forward a copy of the report to that facility or

hospital to be made a part of the patient's permanent record.

d. The department of health and human services is responsible for collecting all

abortion compliance reports, abortion data reports, complication reports, and

adverse event reports and collating and evaluating all data gathered from these

reports and shall annually publish a statistical report based on data from

abortions performed in the previous calendar year. All abortion compliance

reports received by the department of health and human services are public

records. Except for disclosure to a law enforcement officer or state agency, the

department may not disclose an abortion compliance report without first removing

any individually identifiable health information and any other demographic

information, including race, marital status, number of previous live births, and

education regarding the woman upon whom the abortion was performed.

e. The department of health and human services shall report to the attorney general

any apparent violation of this chapter.
N.D. Cent. Code § 14-02.1-10 — ND Code / Title 14 / Chapter 14-02.1 / Section 14-02.1-10
14-02.1-10. Concealing stillbirth or death of infant - Penalty
Status: in_force

14-02.1-10. Concealing stillbirth or death of infant - Penalty

It is a class A misdemeanor for a person to conceal the stillbirth of a fetus or to fail to report

to a physician or to the county coroner the death of an infant under two years of age.
N.D. Cent. Code § 14-20-41 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-41
14-20-41. (606) No limitation - Child having no presumed, acknowledged, or adjudicated father
Status: in_force

14-20-41. (606) No limitation - Child having no presumed, acknowledged, or

adjudicated father.

A proceeding to adjudicate the parentage of a child having no presumed, acknowledged, or

adjudicated father may be commenced at any time, even after:

1. The child becomes an adult, but only if the child initiates the proceeding; or

2. An earlier proceeding to adjudicate paternity has been dismissed based on the

application of a statute of limitation then in effect.
N.D. Cent. Code § 14-02-05 — ND Code / Title 14 / Chapter 14-02 / Section 14-02-05
14-02-05. Privileged communications
Status: in_force

14-02-05. Privileged communications

A privileged communication is one made:

1. In the proper discharge of an official duty;

2. In any legislative or judicial proceeding or in any other proceeding authorized by law;

3. In a communication, without malice, to a person interested therein by one who also is

interested, or by one who stands in such relation to the person interested as to afford a

reasonable ground for supposing the motive for the communication innocent, or who is

requested by the person interested to give the information; and

4. By a fair and true report, without malice, of a judicial, legislative, or other public official

proceeding, or of anything said in the course thereof.

In the cases provided for in subsections 3 and 4, malice is not inferred from the communication

or publication.
N.D. Cent. Code § 14-03-01.1 — ND Code / Title 14 / Chapter 14-03 / Section 14-03-01.1
14-03-01.1. Members of armed forces deemed residents
Status: in_force

14-03-01.1. Members of armed forces deemed residents

For the purpose of instituting any action or proceeding in the courts of this state, under the

provisions of this title, in which residence is a requirement, any member of any branch of the

armed forces of the United States who is stationed within the state, and the wife or husband of

such member, if that wife or husband is living within the state, must be deemed to be a resident

of the state of North Dakota.
N.D. Cent. Code § 14-09.2-04 — ND Code / Title 14 / Chapter 14-09.2 / Section 14-09.2-04
14-09.2-04. Agreement or decision binding
Status: in_force

14-09.2-04. Agreement or decision binding

Within five days of notice of the appointment, or within five days of notice of a subsequent

dispute between the same parties, the parenting coordinator shall meet with the parties together

or separately and shall make a diligent effort to facilitate an agreement to resolve the dispute.

The parenting coordinator may confer with the parties through a telephone conference or other

means. A parenting coordinator may make a decision without conferring with a party if the

parenting coordinator makes a good-faith effort to confer with the party. If the parties do not

reach an agreement, the parenting coordinator shall make a decision resolving the dispute as

soon as possible but not later than five days after receiving all of the information necessary to

make a decision and after the final meeting or conference with the parties. The parenting

coordinator shall put the agreement or decision in writing and provide a copy to the parties. An

agreement of the parties or a written decision of the parenting coordinator is binding on the

parties until further order of the court.
N.D. Cent. Code § 14-05-03.1 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-03.1
14-05-03.1. Grounds for separation
Status: in_force

14-05-03.1. Grounds for separation

The court may grant a temporary or permanent decree of separation for any cause for

which a divorce may be decreed.
N.D. Cent. Code § 14-10-10 — ND Code / Title 14 / Chapter 14-10 / Section 14-10-10
14-10-10. Contracts of minor
Status: in_force

14-10-10. Contracts of minor

Unless otherwise provided by the laws of this state, a minor may make any contract other

than contracts specified in section 14-10-09 in the same manner as an adult, subject only to the

minor's power of disaffirmance.
N.D. Cent. Code § 14-19-11 — ND Code / Title 14 / Chapter 14-19 / Section 14-19-11
14-19-11. Oral notice
Status: in_force

14-19-11. Oral notice

Any oral notice required under this chapter may be provided by a recording.
N.D. Cent. Code § 14-03.2-09 — ND Code / Title 14 / Chapter 14-03.2 / Section 14-03.2-09
14-03.2-09. Unenforceable terms
Status: in_force

14-03.2-09. Unenforceable terms

1. In this section, "parental rights and responsibilities" means all the rights and

responsibilities a parent has concerning the parent's child.

2. A term in a premarital agreement or marital agreement is not enforceable to the extent

that it:

a. Adversely affects a child's right to support;

b. Limits or restricts a remedy available to a victim of domestic violence under law of

this state other than this chapter;

c. Purports to modify the grounds for a court-decreed separation or marital

dissolution available under law of this state other than this chapter; or

d. Penalizes a party for initiating a legal proceeding leading to a court-decreed

separation or marital dissolution.

3. A term in a premarital agreement or marital agreement which defines the rights or

duties of the parties regarding parental rights and responsibilities is not binding on the

court.
N.D. Cent. Code § 14-07.1-13 — ND Code / Title 14 / Chapter 14-07.1 / Section 14-07.1-13
14-07.1-13. Order prohibiting contact - Penalty
Status: repealed

14-07.1-13. Order prohibiting contact - Penalty

Repealed by S.L. 2009, ch. 134, § 3.
N.D. Cent. Code § 14-09.3-12 — ND Code / Title 14 / Chapter 14-09.3 / Section 14-09.3-12
14-09.3-12. (302) Proceeding for temporary custody order
Status: in_force

14-09.3-12. (302) Proceeding for temporary custody order

1. After a deploying parent receives notice of deployment and until the deployment

terminates, a court may issue a temporary order granting custodial responsibility

unless prohibited by the federal Servicemembers Civil Relief Act [50 U.S.C. appendix

sections 521 and 522]. A court may not issue a permanent order granting custodial

responsibility without the consent of the deploying parent.

2. At any time after a deploying parent receives notice of deployment, either parent may

file a motion regarding custodial responsibility of a child during deployment. The

motion must be filed in a pending proceeding for custodial responsibility in a court with

jurisdiction under section 14-09.3-03 or, if there is no pending proceeding in a court

with jurisdiction under section 14-09.3-03, in a new action for granting custodial

responsibility during deployment.
N.D. Cent. Code § 14-07.1-19 — ND Code / Title 14 / Chapter 14-07.1 / Section 14-07.1-19
14-07.1-19. Release conditions
Status: in_force

14-07.1-19. Release conditions

If an individual charged with or arrested for a crime involving domestic violence, including a

violation of a civil protection order under chapter 14-07.7 or an order prohibiting contact under

section 12.1-31.2-02, is released from custody, a district or municipal court may require that

electronic home detention or global positioning system monitoring be used for the individual as

a condition of release.
N.D. Cent. Code § 14-02.5-41 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-41
14-02.5-41. Relief granted
Status: in_force

14-02.5-41. Relief granted

If the court finds that a discriminatory housing practice has occurred or is about to occur, the

court may award to the plaintiff actual and punitive damages, reasonable attorney's fees, court

costs, and subject to section 14-02.5-42, a permanent or temporary injunction, temporary

restraining order, or other order, including an order enjoining the defendant from engaging in the

practice or ordering appropriate affirmative action.
N.D. Cent. Code § 14-02.5-42 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-42
14-02.5-42. Effect of relief granted
Status: in_force

14-02.5-42. Effect of relief granted

Relief granted under sections 14-02.5-39 through 14-02.5-44 does not affect a contract,

sale, encumbrance, or lease that is consummated before the granting of the relief and involves

a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the filing of a

complaint or civil action under this chapter.
N.D. Cent. Code § 14-05-25.1 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-25.1
14-05-25.1. Money judgment to secure division of property enforceable by contempt proceedings - Exemptions from process not available
Status: in_force

14-05-25.1. Money judgment to secure division of property enforceable by contempt

proceedings - Exemptions from process not available.

Failure to comply with the provisions of a separation or divorce decree relating to

distribution of the property of the parties constitutes contempt of court. A party may also execute

on a money judgment, and the obligor is entitled only to the absolute exemptions from process

set forth in section 28-22-02.
N.D. Cent. Code § 14-09-19 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-19
14-09-19. Parental abuse
Status: in_force

14-09-19. Parental abuse

The abuse of parental authority is the subject of judicial cognizance in a civil action in the

district court brought by the child, or by relatives of the child within the third degree, or by the

human service zone of the county where the child resides, and when the abuse is established

the child may be freed from the dominion of the parent and the duty of support and education

may be enforced.
N.D. Cent. Code § 14-09-08.7 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-08.7
14-09-08.7. Notice of review determination
Status: in_force

14-09-08.7. Notice of review determination

1. Following review, the child support agency shall promptly provide notice of its review

determination.

2. If the child support agency has made a determination not to seek an amendment to

the amount of child support, the notice must inform the obligor and the obligee of the

right of each to challenge that determination by seeking an amendment to the amount

of child support, from the court, at any time before the termination of the support order.

3. If the child support agency has made a determination to seek an amendment to the

amount of child support, the notice must inform the obligor and the obligee of the

opportunity of each to consent to the proposed amendment and the right of each to

challenge that determination by opposing that amendment before the court.
N.D. Cent. Code § 14-09-08.16 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-08.16
14-09-08.16. Requests for information from income payer
Status: in_force

14-09-08.16. Requests for information from income payer

1. The child support agency may mail a request for information to the income payer in

any matter in which it secures reliable information that the income payer may be

indebted to an obligor. The request must identify the obligor by name, and, if known,

address and social security number.

2. Within ten days after receipt of a request for information issued under subsection 1, an

income payer shall provide the requester with a written statement informing the

requester whether or not the income payer is, or within the one hundred eighty days

immediately preceding receipt of the request has been, an income payer with respect

to that obligor. If the income payer is, or within the previous one hundred eighty days

has been, an income payer with respect to that obligor, the income payer shall furnish

information to the requester, including:

a. The amount of any income currently paid to the obligor, calculated on a monthly

basis;

b. The total amount of income paid to the obligor in the twelve months preceding the

month in which the request is received;

c. Information regarding any health insurance that may be made available to the

obligor's children through the income payer;

d. The social security number under which payment of any income by the income

payer to the obligor is reported;

e. The obligor's address; and

f. If the income payer is no longer an income payer with respect to that obligor, the

date of last payment and any forwarding address.

3. Any income payer failing to comply with any requirements of this section may be

punished for contempt of court. The court shall first afford such income payer a

reasonable opportunity to purge itself of contempt.

4. A proceeding against an income payer under this section may be commenced upon

motion by the child support agency and must be commenced within ninety days after

the income payer's act or failure to act upon which such proceeding is based.
N.D. Cent. Code § 14-05-10 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-10
14-05-10. Denial of divorce
Status: in_force

14-05-10. Denial of divorce

Divorces must be denied upon showing:

1. Condonation; or

2. Limitation and lapse of time.
N.D. Cent. Code § 14-07.7-05 — ND Code / Title 14 / Chapter 14-07.7 / Section 14-07.7-05
14-07.7-05. Disorderly conduct restraining order
Status: in_force

14-07.7-05. Disorderly conduct restraining order

1. The court may grant a disorderly conduct restraining order ordering the respondent to

cease the disorderly conduct or contact with the protected individual if:

a. The petitioner files a petition under section 14-07.7-02;

b. The sheriff serves the respondent with a copy of the temporary restraining order

issued under section 14-07.7-04 and with notice of the time and place of the

hearing;

c. The court sets a hearing for no later than fourteen days after issuance of the

temporary restraining order, or a later date if good cause is shown; and

d. After the hearing, the court finds reasonable grounds exist to believe the

respondent engaged in disorderly conduct.

2. If a respondent claims to have engaged in constitutionally protected activity, the court

shall determine the validity of the claim as a matter of law and, if found valid, shall

exclude evidence of the activity.

3. Relief granted by the restraining order may not exceed two years.
N.D. Cent. Code § 14-09-08.19 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-08.19
14-09-08.19. Child support order - Required interest statement
Status: in_force

14-09-08.19. Child support order - Required interest statement

Each judgment or order requiring the payment of child support must include a statement

that the child support obligation will accrue interest if not timely paid. Accrual of interest and

validity of the order are not affected by a failure to include the statement required by this

section.
N.D. Cent. Code § 14-02.5-09 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-09
14-02.5-09. Sales and rentals exempted
Status: reserved

14-02.5-09. Sales and rentals exempted

1. Sections 14-02.5-02 through 14-02.5-08 do not apply to the sale or rental of a

single-family house sold or rented by the owner if the owner does not own more than

three single-family houses at any one time or own any interest in, nor is there owned

or reserved on the person's behalf, under any express or voluntary agreement, title to

or any right to any part of the proceeds from the sale or rental of more than three

single-family houses at any one time. In addition, the house must be sold or rented

without the use of the sales or rental facilities or services of a licensed real estate

broker, agent, or realtor, or of a person in the business of selling or renting dwellings,

or of an employee or agent of any such broker, agent, realtor, or person; or the

publication, posting, or mailing of a notice, statement, or advertisement prohibited by

section 14-02.5-03. The exemption provided in this subsection applies only to one sale

or rental in a twenty-four-month period, if the owner was not the most recent resident

of the house at the time of the sale or rental. For the purposes of this subsection, a

person is in the business of selling or renting dwellings if the person:

a. Within the preceding twelve months, has participated as principal in three or more

transactions involving the sale or rental of any dwelling or any interest in a

dwelling;

b. Within the preceding twelve months, has participated as agent, other than in the

sale of the person's own personal residence, in providing sales or rental facilities

or sales or rental services in two or more transactions involving the sale or rental

of any dwelling or any interest in a dwelling; or

c. Is the owner of any dwelling designed or intended for occupancy by, or occupied

by, five or more families.

2. Section 14-02.5-02 and sections 14-02.5-04 through 14-02.5-08 do not apply to the

sale or rental of the rooms or units in a dwelling containing living quarters occupied by

or intended to be occupied by not more than four families living independently of each

other, if the owner maintains and occupies one of the living quarters as the owner's

residence.
N.D. Cent. Code § 14-09-21 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-21
14-09-21. Parent and child not liable for acts of other
Status: in_force

14-09-21. Parent and child not liable for acts of other

Neither parent nor child is answerable as such for the act of the other.
N.D. Cent. Code § 14-07.1-03 — ND Code / Title 14 / Chapter 14-07.1 / Section 14-07.1-03
14-07.1-03. Temporary protection order - Copy to law enforcement agency
Status: repealed

14-07.1-03. Temporary protection order - Copy to law enforcement agency

Repealed by S.L. 2025, ch. 145, § 17.
N.D. Cent. Code § 14-09.3-09 — ND Code / Title 14 / Chapter 14-09.3 / Section 14-09.3-09
14-09.3-09. (204) Power of attorney
Status: in_force

14-09.3-09. (204) Power of attorney

A deploying parent, by power of attorney, may delegate all or part of custodial responsibility

to an adult nonparent for the period of deployment if no other parent possesses custodial

responsibility under law of this state other than this chapter, or if a court order currently in effect

prohibits contact between the child and the other parent. The deploying parent may revoke the

power of attorney by signing a revocation of the power.
N.D. Cent. Code § 14-10.1-03 — ND Code / Title 14 / Chapter 14-10.1 / Section 14-10.1-03
14-10.1-03. When minor may disaffirm or avoid transaction
Status: in_force

14-10.1-03. When minor may disaffirm or avoid transaction

A minor, who has transferred a security; received or empowered others to receive

dividends, interest, principal, or other payments or distributions; voted or given consent in

person or by proxy; or made an election or exercised rights relating to the security, has no right

thereafter, as against a bank, broker, issuer, third party, or transfer agent to disaffirm or avoid

the transaction, unless prior to acting in the transaction the bank, broker, issuer, third party, or

transfer agent against whom the transaction is sought to be disaffirmed or avoided had received

notice in the office acting in the transaction that the specific security is held by a minor or unless

an individual conducting the transaction for the bank, broker, issuer, third party, or transfer agent

had actual knowledge of the minority of the holder.
N.D. Cent. Code § 14-07.1-07 — ND Code / Title 14 / Chapter 14-07.1 / Section 14-07.1-07
14-07.1-07. Nonexclusive remedy
Status: repealed

14-07.1-07. Nonexclusive remedy

Repealed by S.L. 2025, ch. 145, § 17.
N.D. Cent. Code § 14-09-23 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-23
14-09-23. Full faith and credit for paternity determinations
Status: in_force

14-09-23. Full faith and credit for paternity determinations

In any proceeding in which paternity or nonpaternity of a child is alleged, full faith and credit

must be given to a determination of paternity by another state, made before a determination of

paternity under the laws of this state, whether established through voluntary acknowledgment or

through administrative or judicial process.
N.D. Cent. Code § 14-15-21 — ND Code / Title 14 / Chapter 14-15 / Section 14-15-21
14-15-21. Application and construction
Status: in_force

14-15-21. Application and construction

This chapter must be so applied and construed as to effectuate its general purpose to make

uniform the law with respect to the subject of this chapter among those states which enact it.
N.D. Cent. Code § 14-09-09.4 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.4
14-09-09.4. Child support - Order for wage assignment or to withhold and transmit earnings - Dissolution, revocation or modification
Status: repealed

14-09-09.4. Child support - Order for wage assignment or to withhold and transmit

earnings - Dissolution, revocation or modification.

Repealed by S.L. 1987, ch. 183, § 16.
N.D. Cent. Code § 14-02.4-18 — ND Code / Title 14 / Chapter 14-02.4 / Section 14-02.4-18
14-02.4-18. Retaliation prohibited
Status: in_force

14-02.4-18. Retaliation prohibited

It is a discriminatory practice for a person to conceal unlawful discrimination or aid, abet,

compel, coerce, incite, or induce another person to unlawfully discriminate in violation of this

chapter, or to engage in any form of threats, retaliation, or discrimination against a person who

has opposed any unlawful discriminatory practice or who, in good faith, has filed a complaint,

testified, assisted, or participated in an investigation, proceeding, hearing, or litigation under this

chapter.
N.D. Cent. Code § 14-20-26 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-26
14-20-26. (502) Order for testing
Status: in_force

14-20-26. (502) Order for testing

1. Except as otherwise provided in sections 14-20-25 through 14-20-58, the court shall

order the child and other designated individuals to submit to genetic testing if the

request for testing is supported by the sworn statement of a party to the proceeding:

a. Alleging paternity and stating facts establishing a reasonable probability of the

requisite sexual contact between the individuals; or

b. Denying paternity and stating facts establishing a possibility that sexual contact

between the individuals, if any, did not result in the conception of the child.

2. A support enforcement agency may order genetic testing only if there is no presumed,

acknowledged, or adjudicated father.

3. If a request for genetic testing of a child is made before birth, the court or support

enforcement agency may not order in utero testing.

4. If two or more men are subject to court-ordered genetic testing, the testing may be

ordered concurrently or sequentially.
N.D. Cent. Code § 14-02.1-09 — ND Code / Title 14 / Chapter 14-02.1 / Section 14-02.1-09
14-02.1-09. Humane disposal of nonviable unborn child
Status: in_force

14-02.1-09. Humane disposal of nonviable unborn child

The physician performing the abortion, if performed outside of a hospital, must see to it that

the unborn child is disposed of in a humane fashion under regulations established by the

department of health and human services. A licensed hospital in which an abortion is performed

must dispose of a dead unborn child in a humane fashion in compliance with regulations

promulgated by the department of health and human services.
N.D. Cent. Code § 14-02.4-14 — ND Code / Title 14 / Chapter 14-02.4 / Section 14-02.4-14
14-02.4-14. Public accommodations - Discriminatory practices
Status: in_force

14-02.4-14. Public accommodations - Discriminatory practices

1. It is a discriminatory practice for a person engaged in the provision of public

accommodations to fail to provide to a person access to the use of any benefit from

the services and facilities of the public accommodations; or to give adverse, unlawful,

or unequal treatment to a person with respect to the availability to the services and

facilities, the price or other consideration therefor, the scope and equality thereof, or

the terms and conditions under which the same are made available because of the

person's race, color, religion, sex, national origin, age, physical or mental disability, or

status with respect to marriage or public assistance.

2. If a place of public accommodation has an architectural or communication barrier, the

person engaged in the provision of public accommodations shall remove the barrier, if

removal is readily achievable. If a public accommodation can demonstrate that barrier

removal is not readily achievable, the public accommodation shall make that person's

goods, services, facilities, privileges, advantages, or accommodations available

through alternative methods, if those alternative methods are readily achievable.
N.D. Cent. Code § 14-10-11 — ND Code / Title 14 / Chapter 14-10 / Section 14-10-11
14-10-11. Minor's contracts - Disaffirmation
Status: in_force

14-10-11. Minor's contracts - Disaffirmation

In all cases other than those specified in sections 14-10-12 and 14-10-13, the contract of a

minor may be disaffirmed by the minor personally, either before the minor's majority or within

one year's time afterwards, or in case of the minor's death within that period, by the minor's

heirs or personal representatives.
N.D. Cent. Code § 14-06.1-09 — ND Code / Title 14 / Chapter 14-06.1 / Section 14-06.1-09
14-06.1-09. Service programs
Status: in_force

14-06.1-09. Service programs

The service centers shall, in cooperation with other existing service programs, ensure that

displaced homemakers receive information and referral services which include:

1. A health counseling and referral clinic based on principles of preventive health care

and consumer health education.

2. Money management courses, including information and assistance in dealing with

insurance programs (life, health, home, and automobile), taxes, mortgages, loans, and

probate problems.

3. Information about other assistance programs, including concrete information and

assistance with supplemental security income, social security, veterans administration

benefits, welfare, the supplemental nutrition assistance program, housing,

unemployment insurance, medical assistance, and educational financial assistance.

4. Educational programs, including courses offered for credit through universities,

colleges, or career and technical education training programs, or leading toward a high

school equivalency degree. These courses must be designed to supplement the usual

academic course offerings with classes geared toward older persons to improve their

self-image and abilities.
N.D. Cent. Code § 14-09-09.38 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.38
14-09-09.38. Child support obligation of incarcerated parents
Status: in_force

14-09-09.38. Child support obligation of incarcerated parents

1. A monthly support obligation established under any provision of this code and in effect

after December 31, 2017, expires by operation of law upon incarceration of the obligor

under a sentence of one hundred eighty days or longer, excluding credit for time

served before sentencing.

2. Notwithstanding subsection 1, a monthly support obligation may be established for an

obligor incarcerated under a sentence of one hundred eighty days or longer if the

obligation is based on actual income of the obligor and the moving party makes a

prima facie showing the obligor's income exceeds the minimum amount provided in

the guidelines established under section 14-09-09.7.

3. As used in this section, "incarceration" means placement of an obligor in a custodial

setting in which the obligor is not permitted to earn wages from employment outside

the correctional facility, and does not include probation or work release.

4. The expiration of a monthly support obligation under subsection 1 does not affect any

past-due support owed before the expiration of the obligation.

5. The child support agency shall notify the obligor and obligee of the expiration of a

monthly support obligation under this section, including a description of how the

obligation can be re-established after the obligor is released from incarceration.

6. If a monthly support obligation has expired under this section and the child support

case is still open with the child support agency when the obligor is released from

incarceration, the child support agency shall re-establish a monthly support obligation

as provided in this chapter without requiring a request or application for services.
N.D. Cent. Code § 14-12.2-04 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-04
14-12.2-04. (201) Bases for jurisdiction over nonresident
Status: in_force

14-12.2-04. (201) Bases for jurisdiction over nonresident

1. In a proceeding to establish or enforce a support order or to determine parentage of a

child, a tribunal of this state may exercise personal jurisdiction over a nonresident

individual or the individual's guardian or conservator if:

a. The individual is personally served with a summons within this state;

b. The individual submits to the jurisdiction of this state by consent in a record, by

entering a general appearance, or by filing a responsive document having the

effect of waiving any contest to personal jurisdiction;

c. The individual resided with the child in this state;

d. The individual resided in this state and provided prenatal expenses or support for

the child;

e. The child resides in this state as a result of the acts or directives of the individual;

f. The individual engaged in sexual intercourse in this state and the child may have

been conceived by that act of intercourse; or

g. There is any other basis consistent with the constitutions of this state and the

United States for the exercise of personal jurisdiction.

2. The bases of personal jurisdiction set forth in subsection 1 or any other law of this

state may not be used to acquire personal jurisdiction for a tribunal of this state to

modify a child support order of another state unless the requirements of section

14-12.2-45 are met, or, in the case of a foreign support order, unless the requirements

of section 14-12.2-46.3 are met.
N.D. Cent. Code § 14-02.5-21 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-21
14-02.5-21. Additional or substitute respondent
Status: in_force

14-02.5-21. Additional or substitute respondent

The department may join a person not named in the complaint as an additional or substitute

respondent if during the investigation the department determines that the person is alleged to be

engaged, to have engaged, or to be about to engage in the discriminatory housing practice

upon which the complaint is based. In addition to the information required in the notice under

subsection 2 of section 14-02.5-18, the department shall include in a notice to a respondent

joined under this section the reasons for the determination that the person is properly joined as

a respondent.
N.D. Cent. Code § 14-09.3-13 — ND Code / Title 14 / Chapter 14-09.3 / Section 14-09.3-13
14-09.3-13. (303) Expedited hearing
Status: in_force

14-09.3-13. (303) Expedited hearing

If a motion to grant custodial responsibility is filed under subsection 2 of section 14-09.3-12

before a deploying parent deploys, the court shall conduct an expedited hearing.
N.D. Cent. Code § 14-05-09.1 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-09.1
14-05-09.1. Irreconcilable differences defined
Status: in_force

14-05-09.1. Irreconcilable differences defined

Irreconcilable differences are those grounds which are determined by the court to be

substantial reasons for not continuing the marriage and which make it appear that the marriage

should be dissolved.
N.D. Cent. Code § 14-07.5-07 — ND Code / Title 14 / Chapter 14-07.5 / Section 14-07.5-07
14-07.5-07. Penalty
Status: in_force

14-07.5-07. Penalty

Violation of a Canadian domestic violence protection order under this chapter is a class A

misdemeanor. A second or subsequent violation of a Canadian domestic violence protection

order is a class C felony.
N.D. Cent. Code § 14-03-25 — ND Code / Title 14 / Chapter 14-03 / Section 14-03-25
14-03-25. Performing marriage ceremony without authority - Penalty
Status: in_force

14-03-25. Performing marriage ceremony without authority - Penalty

Every person who attempts to join others in marriage or to perform the marriage ceremony

for another within this state without being authorized by law so to do must be punished as

provided in section 14-03-28.
N.D. Cent. Code § 14-09.3-05 — ND Code / Title 14 / Chapter 14-09.3 / Section 14-09.3-05
14-09.3-05. (106) Duty to notify of change of address
Status: in_force

14-09.3-05. (106) Duty to notify of change of address

1. Except as otherwise provided in subsection 2, an individual to whom custodial

responsibility has been granted during deployment pursuant to sections 14-09.3-07

through 14-09.3-10 or sections 14-09.3-11 through 14-09.3-21 shall notify the

deploying parent and any other individual with custodial responsibility of a child of any

change of the individual's mailing address or residence until the grant is terminated.

The individual shall provide the notice to any court that has issued a custody or child

support order concerning the child which is in effect.

2. If a court order currently in effect prohibits disclosure of the address or contact

information of an individual to whom custodial responsibility has been granted, a

notification under subsection 1 may be made only to the court that issued the order.

The court shall keep confidential the mailing address or residence of the individual to

whom custodial responsibility has been granted.
N.D. Cent. Code § 14-05-27 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-27
14-05-27. Separation - Spousal support - Division of property
Status: in_force

14-05-27. Separation - Spousal support - Division of property

Upon the granting of a separation, the court may include in the decree an order requiring a

party to pay for spousal support and for the support of any minor children of the parties. Subject

to section 14-05-24, the decree may also provide for the equitable division of the property and

debts of the parties.
N.D. Cent. Code § 14-05-17 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-17
14-05-17. Residence requirements
Status: in_force

14-05-17. Residence requirements

A separation or divorce may not be granted unless the plaintiff in good faith has been a

resident of the state for six months next preceding commencement of the action. If the plaintiff

has not been a resident of this state for the six months preceding commencement of the action,

a separation or divorce may be granted if the plaintiff in good faith has been a resident of this

state for the six months immediately preceding entry of the decree of separation or divorce.
N.D. Cent. Code § 14-09-09.6 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.6
14-09-09.6. Voluntary income withholding for support - Limitations
Status: in_force

14-09-09.6. Voluntary income withholding for support - Limitations

An obligor may execute a document voluntarily authorizing income withholding from current

or future income due the obligor from an income payer in an amount sufficient to meet any child

support obligation imposed by a court or otherwise. An income withholding authorization made

under this section is binding on the income payer one week after service upon the income payer

by first-class mail, or in any other manner agreed to by the income payer, of a true copy of the

executed income withholding authorization. The income payer shall deduct the sum or sums

specified and pay them as specified by the income withholding authorization and any applicable

imposition of a support obligation by a court. In addition, the income payer may deduct a fee of

three dollars per month from the obligor's income to cover expenses involved in transmitting

payment. Compliance by an income payer with an income withholding authorization issued

under this section discharges the income payer's liability to the obligor for that portion of the

obligor's income. The income payer may not use the income withholding authorization as a

basis for any disciplinary action against the obligor.
N.D. Cent. Code § 14-02.4-04 — ND Code / Title 14 / Chapter 14-02.4 / Section 14-02.4-04
14-02.4-04. Employment agency's discriminatory practices
Status: in_force

14-02.4-04. Employment agency's discriminatory practices

It is a discriminatory practice for an employment agency to accord adverse or unequal

treatment to a person in connection with an application for employment, referral, or request for

assistance in procurement of employees because of race, color, religion, sex, national origin,

age, physical or mental disability, or status with respect to marriage or public assistance, or to

accept a listing of employment on that basis.
N.D. Cent. Code § 14-02.4-23 — ND Code / Title 14 / Chapter 14-02.4 / Section 14-02.4-23
14-02.4-23. Complaints - Probable cause - Administrative hearing
Status: in_force

14-02.4-23. Complaints - Probable cause - Administrative hearing

1. The department shall investigate complaints of alleged discriminatory practices. An

aggrieved person may file a complaint with the department alleging the discriminatory

practice. The department may file a complaint. A complaint must be in writing and in

the form prescribed by the department.

2. Unless the complaint is resolved through informal negotiations, conciliation, or is

otherwise administratively closed, the department shall determine from the facts

whether probable cause exists to believe that a discriminatory practice has occurred

with regard to one or more of the claims of the aggrieved person's complaint. If the

department determines that no probable cause exists to believe that a discriminatory

practice has occurred with regard to one or more of the claims of the aggrieved

person's complaint, the department shall promptly dismiss all or a portion of the

complaint.

3. If the department determines that probable cause exists to believe that a

discriminatory practice has occurred and is unable to resolve the complaint through

informal negotiations or conciliation, the department shall issue a probable cause

determination and provide for an administrative hearing in the manner provided in

chapter 28-32 on the complaint.

4. A probable cause determination is prima facie evidence of a violation of this chapter.

5. If a claim filed by an aggrieved person proceeds to a hearing, the aggrieved person is

a party in the hearing. The aggrieved person may be accompanied, advised, and

represented throughout the proceeding by a representative chosen by the employee,

including private counsel. Neither the department nor the attorney general may

represent an aggrieved person at a hearing under this chapter. The attorney general,

at the request of and on behalf of the department, may participate in the hearing and

advocate in favor of the department's finding of probable cause.

6. If a claim filed by the department proceeds to a hearing, the department is a party in

the hearing. The attorney general shall represent the department in any action or

proceeding under this chapter.
N.D. Cent. Code § 14-15-23 — ND Code / Title 14 / Chapter 14-15 / Section 14-15-23
14-15-23. Effect on pending proceedings
Status: in_force

14-15-23. Effect on pending proceedings

Any adoption or termination proceeding pending on the effective date of this chapter is not

affected thereby.
N.D. Cent. Code § 14-07.5-04 — ND Code / Title 14 / Chapter 14-07.5 / Section 14-07.5-04
14-07.5-04. Registration of order
Status: in_force

14-07.5-04. Registration of order

1. Any individual may register a Canadian domestic violence protection order in this

state. To register the order, an individual shall present a certified copy of the order to

any clerk of district court in this state.

2. Upon receipt of a Canadian domestic violence protection order, the clerk of the district

court shall register the order in accordance with this section. After the order is

registered, the clerk of district court shall furnish to the individual registering the order

a certified copy of the registered order and transmit a copy of the order to the

appropriate law enforcement agency.

3. A registered Canadian domestic violence protection order that is inaccurate or is not

currently in effect must be corrected or removed from the registry in accordance with

the law of this state.

4. An individual registering a Canadian domestic violence protection order shall file an

affidavit by the protected individual that, to the best of the individual's knowledge, the

order is currently in effect.

5. A registered Canadian domestic violence protection order may be entered in any

existing state or federal registries of protection orders, in accordance with state or

federal law.

6. A fee may not be charged for the registration of a Canadian domestic violence

protection order or the correction or removal of a protection order.
N.D. Cent. Code § 14-09-05.1 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-05.1
14-09-05.1. Grandparental rights of visitation to unmarried minor child - Mediation or arbitration
Status: repealed

14-09-05.1. Grandparental rights of visitation to unmarried minor child - Mediation or

arbitration.

Repealed by S.L. 2019, ch. 131, § 2.
N.D. Cent. Code § 14-09-24 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-24
14-09-24. Interference with visitation - Attorney's fees - Enforcement remedies and tools
Status: in_force

14-09-24. Interference with visitation - Attorney's fees - Enforcement remedies and

tools.

In any proceeding in which child visitation is properly in dispute between the parents of a

child, the court shall award the noncustodial parent reasonable attorney's fees and costs if the

court determines there has been willful and persistent denial of visitation rights by the custodial

parent with respect to the child. The court may use any remedy that is available to enforce a

child support order and which is appropriate to enforce visitation.
N.D. Cent. Code § 14-04-01 — ND Code / Title 14 / Chapter 14-04 / Section 14-04-01
14-04-01. Grounds for annulling marriage
Status: in_force

14-04-01. Grounds for annulling marriage

A marriage may be annulled by an action in the district court to obtain a decree of nullity for

any of the following causes existing at the time of the marriage:

1. That the party in whose behalf it is sought to have the marriage annulled was under

the age of legal consent, as defined in section 14-03-02, or that such party was of

such age as to require the consent of the party's parents or guardian and such

marriage was contracted without such consent, unless, after attaining legal age, such

party freely cohabited with the other as husband or wife.

2. That the former husband or wife of either party was living, and the marriage with such

former husband or wife was then in force.

3. That either party was of unsound mind, unless such party, after coming to reason,

freely cohabited with the other as husband or wife.

4. That the consent of either party was obtained by fraud, unless such party afterwards,

with full knowledge of the facts constituting the fraud, freely cohabited with the other as

husband or wife.

5. That the consent of either party was obtained by force, unless such party afterwards

freely cohabited with the other as husband or wife.

6. That either party was at the time of the marriage physically incapable of entering into

the marriage state, and such incapacity continues and appears to be incurable.

7. That the marriage was incestuous.
N.D. Cent. Code § 14-12.2-02 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-02
14-12.2-02. (103) State tribunal and support enforcement agency
Status: in_force

14-12.2-02. (103) State tribunal and support enforcement agency

1. The district court is the tribunal of this state.

2. The department of health and human services is the support enforcement agency of

this state.
N.D. Cent. Code § 14-20-22 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-22
14-20-22. (312) Forms for acknowledgment and denial of paternity
Status: in_force

14-20-22. (312) Forms for acknowledgment and denial of paternity

1. To facilitate compliance with sections 14-20-11 through 14-20-24, the department of

health and human services shall prescribe forms for the acknowledgment of paternity

and the denial of paternity.

2. A valid acknowledgment of paternity or denial of paternity is not affected by a later

modification of the prescribed form.
N.D. Cent. Code § 14-09-08.20 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-08.20
14-09-08.20. National medical support notice - Child support agency duties
Status: in_force

14-09-08.20. National medical support notice - Child support agency duties

1. When an obligor is required to provide health insurance coverage for a child as a

beneficiary under section 14-09-08.10, the order is being enforced under title IV-D,

and the obligor's employer has been identified, the child support agency shall use the

national medical support notice, when appropriate, to enforce the provision of health

insurance coverage for the child. The child support agency shall:

a. Serve the national medical support notice on the employer by first-class mail or in

any other manner agreed to by the employer:

(1) Within two business days after the date of entry in the state directory of new

hires of an employee who is an obligor of an order being enforced under

title IV-D if the employer was identified based upon that entry; or otherwise

(2) Within a reasonable time;

b. Serve notice of the national medical support notice on the obligor by first-class

mail at the obligor's last-known address;

c. If the insurer notified the child support agency of more than one available health

insurance coverage option, select:

(1) The option chosen by the state Medicaid agency if an assignment under

chapter 50-24.1 is in effect for the child;

(2) The option timely chosen by the obligee if paragraph 1 does not apply;

(3) The option that provides basic coverage, that is reasonably accessible to

the child, and for which the obligor's share of the premium is lowest if

paragraphs 1 and 2 do not apply; or

(4) The option that is reasonably accessible to the child and for which the

obligor's share of the premium is lowest if paragraphs 1, 2, and 3 do not

apply; and

d. Promptly notify the employer when a current order for medical support for which

the child support agency is responsible is no longer in effect.

2. If the child support agency does not select an option under subdivision c of

subsection 1 within twenty business days, the insurer shall enroll the child, and the

obligor if necessary, in the insurer's default plan, if any.

3. The child support agency, the state Medicaid agency, and any official, employee, or

agent of either agency are immune from any liability arising out of the selection of, or

failure to select, an option under subdivision c of subsection 1.

4. For purposes of this section:

a. "Basic coverage" means health insurance that includes coverage for the following

medically necessary services: preventive care, emergency care, inpatient and

outpatient hospital care, physician services whether provided within or outside a

hospital setting, diagnostic laboratory, and diagnostic and therapeutic radiological

services;

b. "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;

c. "Insurer" has the meaning provided in section 26.1-36.5-01;

d. "National medical support notice" means the notice promulgated pursuant to

section 401(b) of the Child Support Performance and Incentive Act of 1998

[Pub. L. 105-200; 112 Stat. 645] and regulations adopted thereunder; and

e. "Title IV-D" has the meaning provided in section 50-09-01.
N.D. Cent. Code § 14-02.4-06 — ND Code / Title 14 / Chapter 14-02.4 / Section 14-02.4-06
14-02.4-06. Certain employment advertising deemed discriminatory
Status: in_force

14-02.4-06. Certain employment advertising deemed discriminatory

It is a discriminatory practice for an employer, employment agency, or labor organization, or

the employees, agents, or members thereof directly or indirectly to advertise or in any other

manner indicate or publicize that individuals of a particular race, color, religion, sex, national

origin, age, physical or mental disability, or status with respect to marriage or public assistance,

or who participate in lawful activity off the employer's premises during nonworking hours which

activity is not in direct conflict with the essential business-related interests of the employer, are

unwelcome, objectionable, not acceptable, or not solicited.
N.D. Cent. Code § 14-14.1-31 — ND Code / Title 14 / Chapter 14-14.1 / Section 14-14.1-31
14-14.1-31. (311) Warrant to take physical custody of child
Status: in_force

14-14.1-31. (311) Warrant to take physical custody of child

1. Upon the filing of a petition seeking enforcement of a child custody determination, the

petitioner may file a verified application for the issuance of a warrant to take physical

custody of the child if the child is immediately likely to suffer serious physical harm or

be removed from this state.

2. If the court, upon the testimony of the petitioner or other witness, finds that the child is

imminently likely to suffer serious physical harm or be removed from this state, it may

issue a warrant to take physical custody of the child. The petition must be heard on the

next judicial day after the warrant is executed unless that date is impossible. In that

event, the court shall hold the hearing on the first judicial day possible. The application

for the warrant must include the statements required by subsection 2 of section

14-14.1-28.

3. A warrant to take physical custody of a child must:

a. Recite the facts upon which a conclusion of imminent serious physical harm or

removal from the jurisdiction is based;

b. Direct law enforcement officers to take physical custody of the child immediately;

and

c. Provide for the placement of the child pending final relief.

4. The respondent must be served with the petition, warrant, and order immediately after

the child is taken into physical custody.

5. A warrant to take physical custody of a child is enforceable throughout this state. If the

court finds on the basis of the testimony of the petitioner or other witness that a less

intrusive remedy is not effective, it may authorize law enforcement officers to enter

private property to take physical custody of the child. If required by exigent

circumstances of the case, the court may authorize law enforcement officers to make a

forcible entry at any hour.

6. The court may impose conditions upon placement of a child to ensure the appearance

of the child and the child's custodian.
N.D. Cent. Code § 14-06.1-07 — ND Code / Title 14 / Chapter 14-06.1 / Section 14-06.1-07
14-06.1-07. Program goals
Status: in_force

14-06.1-07. Program goals

Each of the service centers shall develop a goal to serve a stated number of urban and rural

displaced homemakers. In addition, the service centers shall develop plans for including

displaced homemakers in existing job training and placement programs offered by job service,

colleges, career and technical education, or other suitable agencies.
N.D. Cent. Code § 14-14.1-27 — ND Code / Title 14 / Chapter 14-14.1 / Section 14-14.1-27
14-14.1-27. (307) Simultaneous proceedings
Status: in_force

14-14.1-27. (307) Simultaneous proceedings

If a proceeding for enforcement under sections 14-14.1-22 through 14-14.1-37 is

commenced in a court of this state and the court determines that a proceeding to modify the

determination is pending in a court of another state having jurisdiction to modify the

determination under sections 14-14.1-12 through 14-14.1-21, the enforcing court shall

immediately communicate with the modifying court. The proceeding for enforcement continues

unless the enforcing court, after consultation with the modifying court, stays or dismisses the

proceeding.
N.D. Cent. Code § 14-07.1-03.1 — ND Code / Title 14 / Chapter 14-07.1 / Section 14-07.1-03.1
14-07.1-03.1. Notification of stalking law
Status: repealed

14-07.1-03.1. Notification of stalking law

Repealed by S.L. 2025, ch. 145, § 17.
N.D. Cent. Code § 14-02.1-04.1 — ND Code / Title 14 / Chapter 14-02.1 / Section 14-02.1-04.1
14-02.1-04.1. Prohibition - Sex-selective abortion - Abortion for genetic abnormality - Penalty
Status: repealed

14-02.1-04.1. Prohibition - Sex-selective abortion - Abortion for genetic abnormality -

Penalty.

Repealed by S.L. 2023, ch. 122, § 11.
N.D. Cent. Code § 14-20-35 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-35
14-20-35. (511) Confidentiality of genetic testing
Status: in_force

14-20-35. (511) Confidentiality of genetic testing

The report of genetic testing for parentage is confidential. An individual who knowingly

releases an identifiable specimen of another individual for any purpose other than that relevant

to the proceeding regarding parentage without a court order or the written permission of the

individual who furnished the specimen is subject to section 12.1-13-01.
N.D. Cent. Code § 14-09.1-07 — ND Code / Title 14 / Chapter 14-09.1 / Section 14-09.1-07
14-09.1-07. Mediation summary
Status: in_force

14-09.1-07. Mediation summary

The mediator shall prepare a written summary of any agreement of the parties. The

mediator shall inform the parties the summary may not be shown to the court unless signed by

the parties. The mediator shall advise the court whether an agreement was reached.
N.D. Cent. Code § 14-20-02 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-02
14-20-02. (102) Definitions
Status: in_force

14-20-02. (102) Definitions

In this chapter:

1. "Acknowledged father" means a man who has established a father-child relationship

under sections 14-20-11 through 14-20-24.

2. "Adjudicated father" means a man who has been adjudicated by a court of competent

jurisdiction to be the father of a child.

3. "Alleged father" means a man who alleges himself to be, or is alleged to be, the

genetic father or a possible genetic father of a child, but whose paternity has not been

determined. The term does not include:

a. A presumed father;

b. A man whose parental rights have been terminated or declared not to exist; or

c. A male donor.

4. "Assisted reproduction" means a method of causing pregnancy other than sexual

intercourse. The term includes:

a. Intrauterine insemination;

b. Donation of eggs;

c. Donation of embryos;

d. In vitro fertilization and transfer of embryos; and

e. Intracytoplasmic sperm injection.

5. "Child" means an individual of any age whose parentage may be determined under

this chapter.

6. "Commence" means to file the initial pleading seeking an adjudication of parentage in

the district court of this state.

7. "Determination of parentage" means the establishment of the parent-child relationship

by the signing of a valid acknowledgment of paternity under sections 14-20-11 through

14-20-24 or adjudication by the court.

8. "Donor" means an individual who produces eggs or sperm used for assisted

reproduction, whether or not for consideration. The term does not include:

a. A husband who provides sperm, or a wife who provides eggs, to be used for

assisted reproduction by the wife;

b. A woman who gives birth to a child by means of assisted reproduction;

c. A parent under sections 14-20-59 through 14-20-65; or

d. An individual whose body produces sperm or egg used for the purpose of

conceiving a child for that individual.

9. "Ethnic or racial group" means, for purposes of genetic testing, a recognized group

that an individual identifies as all or part of the individual's ancestry or that is so

identified by other information.

10. "Genetic testing" means an analysis of genetic markers to exclude or identify a man as

the father or a woman as the mother of a child. The term includes an analysis of one or

a combination of the following:

a. Deoxyribonucleic acid; and

b. Blood-group antigens, red-cell antigens, human-leukocyte antigens, serum

enzymes, serum proteins, or red-cell enzymes.

11. "Gestational carrier" means an adult woman who enters into an agreement to have an

embryo implanted in her and bear the resulting child for intended parents, where the

embryo is conceived by using the egg and sperm of the intended parents.

12. "Man" means a male individual of any age.

13. "Parent" means an individual who has established a parent-child relationship under

section 14-20-07.

14. "Parent-child relationship" means the legal relationship between a child and a parent

of the child. The term includes the mother-child relationship and the father-child

relationship.

15. "Paternity index" means the likelihood of paternity calculated by computing the ratio

between:

a. The likelihood that the tested man is the father, based on genetic markers of the

tested man, mother, and child, conditioned on the hypothesis that the tested man

is the father of the child; and

b. The likelihood that the tested man is not the father, based on the genetic markers

of the tested man, mother, and child, conditioned on the hypothesis that the

tested man is not the father of the child and that the father is of the same ethnic

or racial group as the tested man.

16. "Presumed father" means a man who, by operation of law under section 14-20-10, is

recognized as the father of a child until that status is rebutted or confirmed in a judicial

proceeding.

17. "Probability of paternity" means the measure, for the ethnic or racial group to which the

alleged father belongs, of the probability that the man in question is the father of the

child, compared with a random, unrelated man of the same ethnic or racial group,

expressed as a percentage incorporating the paternity index and a prior probability.

18. "Record" means information that is inscribed on a tangible medium or that is stored in

an electronic or other medium and is retrievable in perceivable form.

19. "Signatory" means an individual who authenticates a record and is bound by its terms.

20. "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession subject to the

jurisdiction of the United States.

21. "Support enforcement agency" means a public official or agency authorized to seek:

a. Enforcement of support orders or laws relating to the duty of support;

b. Establishment or modification of child support;

c. Determination of parentage; or

d. Location of child support obligors and their income and assets.
N.D. Cent. Code § 14-14.1-36 — ND Code / Title 14 / Chapter 14-14.1 / Section 14-14.1-36
14-14.1-36. (316) Role of law enforcement
Status: in_force

14-14.1-36. (316) Role of law enforcement

At the request of a state's attorney acting under section 14-14.1-35, a law enforcement

officer may take any lawful action reasonably necessary to locate a child or a party and assist a

state's attorney with responsibilities under section 14-14.1-35.
N.D. Cent. Code § 14-09-09.24 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.24
14-09-09.24. Immediate income withholding
Status: in_force

14-09-09.24. Immediate income withholding

1. Except as provided in subsection 2 or 3, each judgment or order which requires the

payment of child support, issued or modified on or after January 1, 1990, subjects the

income of the obligor to income withholding, regardless of whether the obligor's

support payments are delinquent.

2. If a party to a proceeding, who would otherwise be subject to immediate income

withholding under subsection 1, demonstrates, and the court finds that there is good

cause not to require immediate withholding, or if the parties, including any assignee of

support rights, reach a written agreement that provides for an alternative arrangement

for assuring the regular payment of child support, the court need not subject the

income of the obligor to immediate withholding.

3. If an obligor, who would otherwise be subject to immediate income withholding under

subsection 1 in at least one case in which services are being provided by a child

support agency under title IV-D, demonstrates, and a child support agency finds there

is good cause not to require immediate income withholding, the child support agency

may enter into a written agreement with an obligor that provides for an alternate

payment arrangement in lieu of immediate income withholding. Notwithstanding

section 14-09-09.13, any failure to comply with an agreement under this subsection

subjects the income of the obligor to income withholding under this section. Any

obligee aggrieved by a finding of a child support agency under this subsection may

seek review of the finding under subsection 2 of section 50-09-14.

4. A finding that there is good cause not to require immediate income withholding under

subsection 2 or 3 must be based on at least:

a. A written determination that, and an explanation of why, implementing immediate

income withholding would not be in the best interests of the child;

b. Proof of timely payment of previously ordered support, if any; and

c. A requirement that the obligor keep the child support agency informed of any

employment-related health insurance to which the obligor has access.

5. A written agreement for an alternative arrangement for assuring the regular payment of

child support is effective only if the agreement at least, in addition to other conditions

the parties agree to:

a. Provides that the obligor shall keep the child support agency informed of any

employment-related health insurance to which the obligor has access;

b. Describes the provisions by which regular payment of child support is assured;

and

c. Is reviewed and approved by the court and entered into the court's records.
N.D. Cent. Code § 14-09.1-01 — ND Code / Title 14 / Chapter 14-09.1 / Section 14-09.1-01
14-09.1-01. Purpose
Status: in_force

14-09.1-01. Purpose

The purpose of this chapter is, through mediation, to enable the parties in contested child

custody, support, or visitation proceedings to resolve the dispute voluntarily.
N.D. Cent. Code § 14-09-09.36 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.36
14-09-09.36. Fee for child support services
Status: in_force

14-09-09.36. Fee for child support services

Any annual fee for child support services imposed by the child support agency under

section 50-06.3-02 to conform with title IV-D of the Social Security Act [Pub. L. 93-647; 88 Stat.

2351; 42 U.S.C. 651 et seq.] shall be imposed on the obligee. The amount of the fee in a case

which is being enforced under title IV-D must be less, on an annual basis, than the fee in a case

which is not being enforced under title IV-D. Upon order of a court, the amount of the fee paid

by the obligee may be collected from the obligor as past-due support.
N.D. Cent. Code § 14-18-03 — ND Code / Title 14 / Chapter 14-18 / Section 14-18-03
14-18-03. Assisted conception by married woman
Status: repealed

14-18-03. Assisted conception by married woman

Repealed by S.L. 2005, ch. 135, § 11.
N.D. Cent. Code § 14-09-08.5 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-08.5
14-09-08.5. Notice of review of child support orders
Status: in_force

14-09-08.5. Notice of review of child support orders

1. The child support agency shall provide written notice, including notice through

electronic means, to the obligee and the obligor that a review under section 14-09-08.4

is commencing.

2. Unless sufficient information was previously provided by the obligor with a request for

review, the notice to the obligor must inform the obligor of the duty to furnish the

information required by section 14-09-08.6 and that a failure to furnish the required

information may result in the entry of an order compelling the furnishing of the

information. The notice must be accompanied by an income report form, together with

instructions for the accurate completion of the income report form.
N.D. Cent. Code § 14-15-15 — ND Code / Title 14 / Chapter 14-15 / Section 14-15-15
14-15-15. Appeal and validation of adoption decree
Status: in_force

14-15-15. Appeal and validation of adoption decree

1. An appeal from any final order or decree rendered under this chapter may be taken in

the manner and time provided for appeal from a judgment in a civil action.

2. Subject to the disposition of an appeal, upon the expiration of one year after an

adoption decree is issued the decree cannot be questioned by any individual, including

the petitioner, in any manner upon any ground, including fraud, misrepresentation,

failure to give any required notice, or lack of jurisdiction of the parties or of the subject

matter, unless, in the case of the adoption of a minor the petitioner has not taken

custody of the minor.
N.D. Cent. Code § 14-12.2-46 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-46
14-12.2-46. (612) Recognition of order modified in another state If a child support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state:
Status: in_force

14-12.2-46. (612) Recognition of order modified in another state. If a child support

order issued by a tribunal of this state is modified by a tribunal of another state which

assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of

this state:

1. May enforce its order that was modified only as to arrears and interest accruing before

the modification;

2. May provide appropriate relief for violations of its order which occurred before the

effective date of the modification; and

3. Shall recognize the modifying order of the other state, upon registration, for the

purpose of enforcement.
N.D. Cent. Code § 14-06.1-10 — ND Code / Title 14 / Chapter 14-06.1 / Section 14-06.1-10
14-06.1-10. Regulations - Eligibility for programs - Level of stipends - Sliding fee scale for service programs
Status: in_force

14-06.1-10. Regulations - Eligibility for programs - Level of stipends - Sliding fee scale

for service programs.

The superintendent shall cooperatively establish eligibility requirements with appropriate

agencies in accordance with local, state, and federal program regulations to interpret the

eligibility of persons for the job readiness training and other programs of the service centers, to

establish the level of stipends for the job training programs described in section 14-06.1-06, to

establish a sliding fee scale for the service programs described in sections 14-06.1-03 and

14-06.1-09, and to handle other matters as the superintendent deems necessary. Any

interpretation of eligibility for services should have as first priority the service of displaced

homemakers, as identified in section 14-06.1-02.
N.D. Cent. Code § 14-12.2-11 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-11
14-12.2-11. (208) Child support orders for two or more obligees
Status: in_force

14-12.2-11. (208) Child support orders for two or more obligees

In responding to registrations or petitions for enforcement of two or more child support

orders in effect at the same time with regard to the same obligor and different individual

obligees, at least one of which was issued by a tribunal of another state or foreign country, a

tribunal of this state shall enforce those orders in the same manner as if the orders had been

issued by a tribunal of this state.
N.D. Cent. Code § 14-01-02 — ND Code / Title 14 / Chapter 14-01 / Section 14-01-02
14-01-02. Partial incapacity - Contracts - Rescission
Status: in_force

14-01-02. Partial incapacity - Contracts - Rescission

A conveyance or other contract of a person of unsound mind, but not entirely without

understanding, made before the person's incapacity has been determined judicially upon

application for the appointment of a guardian is subject to rescission as provided by the laws of

this state.
N.D. Cent. Code § 14-09.1-06 — ND Code / Title 14 / Chapter 14-09.1 / Section 14-09.1-06
14-09.1-06. Confidentiality
Status: in_force

14-09.1-06. Confidentiality

Any communication, verbal or written, in a mediation proceeding under this chapter is

confidential and inadmissible as evidence in any proceeding. A mediator appointed under this

chapter may not be a witness and the notes and work product of the mediator are not subject to

discovery or subpoena in the proceeding in which the contested child custody, support, or

visitation is at issue.
N.D. Cent. Code § 14-09-02 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-02
14-09-02. Children born after dissolution of marriage or before wedlock - Legitimacy
Status: repealed

14-09-02. Children born after dissolution of marriage or before wedlock - Legitimacy

Repealed by S.L. 2005, ch. 135, § 11.
N.D. Cent. Code § 14-03-11 — ND Code / Title 14 / Chapter 14-03 / Section 14-03-11
14-03-11. Who issues marriage license to official
Status: in_force

14-03-11. Who issues marriage license to official

When an official authorized to issue a marriage license desires to have a license for the

official's own marriage issued in the county of the official's residence, the official may request

another authorized official to act in the official's stead upon the application for the license. The

other official has the power and authority to issue the license in the county of the residence of

the official seeking the license. The request must be in writing and must be filed, with the

application and other related papers, and must be recorded in the marriage record. Upon the

return of the license, the official serving the county in which it was issued may record it and note

the record thereon notwithstanding the official is one of the contracting parties named in the

license.
N.D. Cent. Code § 14-09.2-07 — ND Code / Title 14 / Chapter 14-09.2 / Section 14-09.2-07
14-09.2-07. Immunity
Status: in_force

14-09.2-07. Immunity

A parenting coordinator is immune from civil liability for damages for acts or omissions of

ordinary negligence arising out of that individual's duties and responsibilities as a parenting

coordinator.
N.D. Cent. Code § 14-09-09.7 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.7
14-09-09.7. Child support guidelines
Status: in_force

14-09-09.7. Child support guidelines

1. The department of health and human services shall establish child support guidelines

to assist courts in determining the amount a parent should be expected to contribute

toward the support of the child under this section. The guidelines must:

a. Include consideration of gross income. For purposes of the guidelines, gross

income does not include an employee benefit over which the employee does not

have significant influence or control over the nature or amount unless:

(1) That benefit may be liquidated; and

(2) Liquidation of that benefit does not result in the employee incurring an

income tax penalty.

b. Authorize an expense deduction for determining net income.

c. Designate other available resources to be considered.

d. Specify the circumstances that should be considered in reducing support

contributions on the basis of hardship.

e. Include consideration of extended periods of time a minor child spends with the

child's obligor parent.

f. Authorize a rebuttal of the presumption provided in subsection 4 based on the

proportionate net income of the obligor and the obligee when the net income of

the obligee is at least three times higher than the net income of the obligor.

g. Include consideration of an obligated party's responsibility for health insurance

coverage or other medical support under section 14-09-08.10.

2. The guidelines may not take into consideration cases of atypical overtime wages or

nonrecurring bonuses over which the obligor does not have significant influence or

control.

3. The department shall accept and compile pertinent and reliable information from any

available source in order to establish the child support guidelines. Copies of the

guidelines must be made available to courts, state's attorneys, and upon request, to

any other state or county officer or agency engaged in the administration or

enforcement of this chapter.

4. There is a rebuttable presumption that the amount of child support that would result

from the application of the child support guidelines is the correct amount of child

support. The presumption may be rebutted if a preponderance of the evidence in a

contested matter establishes, applying criteria established by the child support agency

which take into consideration the best interests of the child, that the child support

amount established under the guidelines is not the correct amount of child support. A

written finding or a specific finding on the record must be made if the court determines

that the presumption has been rebutted. The finding must:

a. State the child support amount determined through application of the guidelines;

b. Identify the criteria that rebut the presumption of correctness of that amount; and

c. State the child support amount determined after application of the criteria that

rebut the presumption.

5. The department shall institute a new rulemaking proceeding under section 28-32-02

relating to the child support guidelines to ensure that the application of the guidelines

results in the determination of appropriate child support award amounts. The initial

rulemaking proceeding must be commenced with a notice of proposed adoption,

amendment, or repeal by August 1, 1998, and subsequent rulemaking proceedings

must be so commenced at least once every four years thereafter. Before commencing

any rulemaking proceeding under this section, the department shall convene a drafting

advisory committee that includes two members of the legislative assembly appointed

by the chairman of the legislative management.

6. The guidelines established under this section may include a separate amount of child

support for the child's health insurance coverage, reimbursement for public health

coverage provided under chapter 50-29, and other medical support.
N.D. Cent. Code § 14-12.2-47.4 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-47.4
14-12.2-47.4. (704) Initiation by department of health and human services of support proceeding under convention
Status: in_force

14-12.2-47.4. (704) Initiation by department of health and human services of support

proceeding under convention.

1. In a support proceeding under the convention, the department of health and human

services of this state shall:

a. Transmit and receive applications; and

b. Initiate or facilitate the institution of a proceeding regarding an application in a

tribunal of this state.

2. The following support proceedings are available to an obligee under the convention:

a. Recognition or recognition and enforcement of a foreign support order;

b. Enforcement of a support order issued or recognized in this state;

c. Establishment of a support order if there is no existing order, including, where

necessary, determination of parentage of a child;

d. Establishment of a support order if recognition of a foreign support order is

refused under subdivision b, d, or i of subsection 2 of section 14-12.2-47.8;

e. Modification of a support order of a tribunal of this state; and

f. Modification of a support order of a tribunal of another state or foreign country.

3. The following support proceedings are available under the convention to an obligor

against whom there is an existing support order:

a. Recognition of an order suspending or limiting enforcement of an existing support

order of a tribunal of this state;

b. Modification of a support order of a tribunal of this state; and

c. Modification of a support order of a tribunal of another state or foreign country.