ND SB2277

Monthly child support obligations established after December 31, 2017 automatically expire when the obligor is incarcerated under a sentence of 180 days or longer, excluding pre-sentencing time served.

An exception allows a court to establish or maintain a monthly support obligation for an incarcerated obligor with a sentence of 180 days or longer if the obligation is based on actual income and the moving party proves the obligor's income exceeds the minimum guideline amount.

"Incarceration" is defined as placement in a custodial setting where the obligor cannot earn wages from outside employment, excluding probation or work release status.

Expiration of a monthly support obligation does not affect any past-due support owed before the obligation expired.

The Senate passed the bill 45-0 (2 absent) and the House passed it 53-39 (2 absent).