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Committee advances Senate Bill 2080 to update child support enforcement procedures

February 25, 2025 | Judiciary, House of Representatives, Legislative, North Dakota


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Committee advances Senate Bill 2080 to update child support enforcement procedures
The House Judiciary Committee voted to advance Senate Bill 2080, a Department of Health and Human Services (DHHS)‑requested measure that updates several child support enforcement procedures.

The bill, presented by Jim Fleming, child support director at DHHS, would clarify that non‑attorney child support employees may ask the court clerk to send notices of arrears or to schedule contempt hearings; replace some references to “affidavits” with “declarations” to accommodate remote filings; adjust how support obligations are managed after a child turns 18; remove an obsolete requirement that offices exist in all eight planning regions; and repeal a statutory provision authorizing a publicly posted “most wanted” list for delinquent payors.

Fleming told the committee the changes “would improve customer service and our program’s internal operations,” and that the provision allowing non‑attorney case managers to request notices aligns the Century Code with the program’s standard practice. He said the department has used declarations in place of affidavits in practice and that the change reflects more remote interactions with customers.

On post‑18 support, Fleming said the bill would give custodial parents a simple path to terminate an extended support obligation if the child no longer lives with them — allowing a custodial parent to submit a declaration to shut off payments rather than requiring a new trip to court. He also described a proposal to automatically end a payor’s child support obligation when parental rights are terminated, saying the current statute can leave support orders unclear and “we just feel that the termination process is gonna be cleaner and more efficient if a termination automatically shuts off the obligation to support the child.”

Fleming described the statutory “most wanted poster” as an enforcement tool the department has never used and said it causes customer complaints because the list is historical and not aged. “We would propose that the most wanted poster be abandoned,” he said.

Committee members asked questions about the declaration language and whether the department would enforce private agreements that extend support beyond high school; Fleming replied DHHS enforces such obligations but does not create them. Representative Henderson said during the roll call that he needed more time to review the measure, stating, “I have no idea what I'm voting on so I don't know that I can vote right this second,” and the committee paused to allow him to review the materials.

After discussion, the committee moved a do‑pass recommendation for Senate Bill 2080. The clerk recorded a roll call and the committee chair announced the motion carried by a recorded tally of 8 yes, 5 no, 1 absent (not voting). A bill carrier was identified at the close of the hearing.

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