North Dakota § 52-06-06.1 - Weekly benefit reduction for child support

§ 52-06-06.1. Weekly benefit reduction for child support

1. An individual filing a new claim for unemployment compensation shall, at the time of filing such claim, disclose whether or not the individual owes child support obligations as defined under subsection 7. If any such individual discloses that the individual owes child support obligations, and is determined to be eligible for unemployment 2. 3. 4. 5. 6. 7. 8. compensation, the bureau shall notify the state or local child support enforcement agency enforcing such obligation that the individual has been determined to be eligible for unemployment compensation. The bureau shall deduct and withhold from any unemployment compensation payable to an individual that owes child support obligations as defined under subsection 7: a. The amount specified by the individual to the bureau to be deducted and withheld under this subsection, if neither subdivision b nor c are applicable; b. The amount, if any, determined pursuant to an agreement submitted to the bureau under section 454(20)(B)(i) of the Social Security Act [42 U.S.C. 654(20) (B)(i)] by the state or local child support enforcement agency, unless subdivision c is applicable; or c. Any amount otherwise required to be so deducted and withheld from such unemployment compensation pursuant to legal process, as that term is defined in section 459(i)(5) of the Social Security Act [42 U.S.C. 659(i)(5)], properly served upon the bureau. Any amount deducted and withheld under subsection 2 must be paid by the bureau to the appropriate state or local child support enforcement agency. Any amount deducted and withheld under subsection 2 must for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by such individual to the state or local child support enforcement agency in satisfaction of the individual's child support obligations. For purposes of subsections 1 through 4, the term "unemployment compensation" means any compensation payable under the North Dakota unemployment compensation law, including amounts payable by the bureau pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment. This section applies only if appropriate arrangements have been made for reimbursement by the state or local child support enforcement agency for the administrative costs incurred by the bureau under this section which are attributable to child support obligations being enforced by the state or local child support enforcement agency. The term "child support obligations" is defined for purposes of these provisions as including only obligations which are being enforced pursuant to a plan described in section 454 of the Social Security Act [42 U.S.C. 654] which has been approved by the secretary of health and human services under part D of title IV of the Social Security Act. The term "state or local child support enforcement agency", as used in these provisions, means any agency of this state or a political subdivision thereof operating pursuant to a plan described in subsection 7.