AGO 80-006.

• Case Date: May 29, 1980
• Court: North Dakota

North Dakota Attorney General Opinions 1980. AGO 80-006. LETTER OPINION May 29, 1980 (OPINION) OPINION 80-6Mr. Albert J. HardyStark County State's Attorney P. O. Box 370Dickinson, North Dakota 58601Dear Mr. Hardy: This is in response to your letter of April 29, 1980, wherein you request an opinion of this office relative to section 14-08-07 of the North Dakota Century Code, as amended. You submit the following facts and inquiry in your letter:

The Clerk of our District Court has requested that I obtain an Attorney General's Opinion from your office concerning alimony payable to her office under the provisions of section 14-08-07 of the North Dakota Century Code.

The Clerk presently is receiving alimony payments only pursuant to court decrees in several divorce actions. The decrees in question did not involve child support or alimony combined with child support as prescribed in the above-quoted section.

Section 14-08-07 of the North Dakota Century Code requires that courts in decrees for child support or alimony combined with child support provide that payments be made to the Clerk of Court. The statute goes on to provide:

"Whenever there is a failure to make the payments as required, the Clerk of Court shall send notice of the arrears by registered or certified mail to be delivered only to such person ordered to make the support or alimony payments." (Emphasis added).

The question upon which we would like your opinion is whether the Clerk, in situations where there are provisions for alimony payments only, must send out the notice of arrears.

The question undoubtedly arises due to the initial reference in the application, i.e., "payments for child support or alimony combined with child support," and whether such wording applies only to alimony that is...