TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 8.2, N.D.R.Ct.; Interim Orders in Domestic Relations Cases
Judge Hagerty has asked the Committee to consider amending Rule 8.2 to cease court clerks' involvement with the distribution of interim spousal support payments. In a letter dated April 17, 2002, which is included as part of the meeting material, Judge Hagerty explains that court clerks are no longer involved with the distribution of permanent spousal support or any kind of child support--instead, the State Distribution Unit is primarily responsible for this work. Consequently, court clerks are no longer equipped to conveniently and efficiently handle and distribute interim spousal support funds.
Proposed amendments to Rule 8.2 follow this memo. Under the proposed amendments, subdivision (c) and the comments related to this subdivision are amended to delete language referring to district court clerks. Under the revised language, interim orders would require payment of interim spousal support to be made to the State Distribution Unit rather than to court clerks.