Understanding North Dakota child support basics is essential for parents navigating custody arrangements, divorce, or separation. The state's child support system ensures that children receive financial support from both parents, regardless of the parents' relationship status or living arrangements. This comprehensive guide covers the fundamental principles, calculations, and processes governing child support in North Dakota.
Official North Dakota Child Support Information
The .gov means it's official. Official North Dakota websites will end in .gov. Before sharing sensitive information, make sure you're on a government site. The site is secure. The https:// ensures that you're connecting to the official website and that any information you provide is encrypted and sent securely.
The State of North Dakota provides automatic translation for nd.gov websites, courtesy of Google Translate. Please remember, though, that the English language version is considered the most accurate. In the event of a disagreement or discrepancy between the translation and the original English version of this web site or any notice or disclaimer, the original version will prevail.
North Dakota child support is administered through the North Dakota Department of Health and Human Services, Child Support Services Division. This agency establishes child support guidelines, processes payments, and provides enforcement services to ensure children receive the financial support they need.
What Is Child Support?
Child support is a financial obligation that ensures both parents contribute to their child's upbringing, even when they don't live together. These payments help cover essential needs including shelter, food, clothing, and healthcare for minor children.
What Child Support Covers
Child support payments are based on four primary categories:
- Shelter: Housing costs including rent or mortgage, utilities, and maintenance
- Food: Groceries and meals for the child
- Clothing: Appropriate clothing for all seasons and activities
- Healthcare: Medical, dental, and vision care expenses
It's important to understand that the parent receiving child support has discretion in allocating these funds. The paying parent has no say in how the custodial parent spends child support money, as long as the child's needs are being met.
While entertainment and extracurricular activities aren't considered necessities in the basic child support calculation, these expenses can be addressed separately in parenting agreements or through adjustments to the standard support amount.
Who Pays Child Support in North Dakota?
In North Dakota child support cases, the noncustodial parent typically pays support to the custodial parent. Key terms include:
Obligor: The parent who pays child support (usually the noncustodial parent)
Obligee: The parent who receives child support (usually the custodial parent)
Noncustodial Parent: The parent with whom the child does not primarily reside
Custodial Parent: The parent with whom the child primarily lives
Child support is appropriate in any situation where the child and both parents don't live together, regardless of whether the parents were married.
North Dakota Child Support Guidelines
The North Dakota Administrative Code Chapter 75-02-04.1 establishes the child support guidelines that courts use to determine support obligations. These guidelines create a standardized approach to calculating child support while allowing for adjustments based on individual circumstances.
How Child Support Is Calculated
The child support calculation process involves several steps:
Step 1: Determine Gross Income
Gross income includes all income sources:
- Wages, salaries, and tips
- Bonuses and commissions
- Self-employment income
- Pensions and retirement income
- Severance pay
- Royalties and dividends
- Unemployment insurance benefits
- Veterans benefits
- Social Security payments
- Disability payments
Step 2: Calculate Net Income
Net income is gross income minus allowable deductions:
- Federal, state, and local taxes
- Social Security and Medicare taxes
- Premium payments for health insurance coverage for the child
- Union dues required as a condition of employment
- Occupational license fees required for employment
- Mandatory retirement contributions
- Actual medical expenses for the child when similar expenses will continue
Step 3: Apply the Child Support Schedule
North Dakota provides a child support schedule showing the basic support amount based on the obligor's monthly net income and the number of children being supported. This schedule establishes baseline support amounts for different income levels.
Step 4: Make Adjustments
The court may adjust the basic support amount to account for:
- Childcare expenses related to employment, job search, education, or training
- School activity fees
- Extended parenting time (more than 100 overnights per year)
- Health insurance premiums paid by either parent
- Costs of supporting other children living with the obligor
Child Support Calculation Table Example
Monthly Net Income | One Child | Two Children | Three Children | Four Children |
$2,000 | Varies by schedule | Varies by schedule | Varies by schedule | Varies by schedule |
$4,000 | Varies by schedule | Varies by schedule | Varies by schedule | Varies by schedule |
$6,000 | Varies by schedule | Varies by schedule | Varies by schedule | Varies by schedule |
$8,000+ | Varies by schedule | Varies by schedule | Varies by schedule | Varies by schedule |
Note: Specific amounts are determined using the official North Dakota child support guidelines schedule.
Extended Parenting Time and Child Support
North Dakota recognizes that when noncustodial parents spend significant time with their children, their direct expenses for the children increase. Extended parenting time means the child spends more than 100 overnights per year with the noncustodial parent.
Impact on Support Amounts
When the noncustodial parent has extended parenting time, they may be eligible for a reduction in child support. This adjustment recognizes that:
- The noncustodial parent incurs additional direct expenses for the child during parenting time
- The custodial parent's expenses may be somewhat reduced during these periods
- Both parents are actively contributing to the child's day-to-day care
The child support order must specify the number of parenting overnights to properly calculate any extended parenting time adjustments.
Imputing Income
Sometimes parents attempt to avoid child support obligations by voluntarily quitting their jobs, taking lower-paying employment, or claiming they can't work. North Dakota law addresses this through income imputation.
When Courts May Impute Income
Judges have authority to impute (assign) income to parents who are:
- Voluntarily unemployed without legitimate reason
- Voluntarily underemployed without legitimate reason
- Not using their full earning capacity
When deciding whether to impute income, judges consider:
- The parent's work history
- Level of education and specialized training
- Professional skills and certifications
- Overall employability in the local job market
- Physical and mental capacity to work
- Age and health status
Exceptions to Income Imputation
Judges may not impute income in certain situations:
- The parent has a permanent disability preventing certain levels of earnings
- The parent is receiving disability payments
- The parent needs to stay home to care for another child with unusual emotional or physical needs
- Other legitimate circumstances prevent employment
Deviations from Guideline Amounts
While North Dakota judges presume that the standard child support calculation is correct, parents may overcome this presumption by proving that a different amount would be in the child's best interests and that valid reasons for deviation exist.
Valid Reasons for Deviation
Courts may deviate from guideline amounts when:
Higher Income: The noncustodial parent has net income exceeding $25,000 per month or receives additional income from assets that increases ability to pay
Lower Need: The custodial parent's net income is at least three times higher than the noncustodial parent's income, reducing the child's need for support
Greater Child Needs: The child has special needs due to:
- Age (12 years or older with age-appropriate increased expenses)
- Disability requiring additional care or equipment
- Chronic illness with ongoing medical costs
Educational Expenses: The child attends private school with the noncustodial parent's written consent
Large Families: The custodial parent is seeking support for more than six children
Reduced Ability to Pay: The noncustodial parent faces:
- Significant health care expenses
- Additional expenses related to parenting time (such as long-distance travel costs)
- Need to maintain two households due to temporary military duty assignment
- Other continued additional expenses beyond the parent's control
Obtaining a Child Support Order
Formal child support orders provide legal enforceability and clear guidelines for both parents.
When Parents Are Divorcing
Child support is handled as part of the divorce process. You can request child support when you file your divorce papers. The court will establish support obligations as part of the final divorce decree.
When Parents Were Never Married
If you aren't married to your child's other parent, you may apply for child support through North Dakota Child Support Services. Applications can be completed online or by printing and mailing the application to the appropriate office.
Voluntary Agreements
Parents always have the option of agreeing on a child support amount. Courts encourage settlements on child support and other divorce-related issues. However, before a judge approves your agreement, you must present evidence of income and financial circumstances showing that the agreed amount meets guideline requirements.
Important limitation: Parents cannot agree to an amount lower than the standard calculation unless they qualify for a valid deviation based on the reasons listed in the guidelines.
Payment and Collection of Child Support
All child support payments in North Dakota must be made through the North Dakota State Disbursement Unit (SDU). This centralized system ensures proper tracking and distribution of payments.
Income Withholding
Income withholding is the primary method for collecting child support. When a child support order is in place, the law requires that payments be made through income withholding unless the paying parent can show acceptable reasons not to do so.
How It Works:
- The employer receives an income withholding order
- The employer deducts the child support amount from the obligor's paycheck
- The employer forwards the payment to the State Disbursement Unit
- The SDU sends the payment to the custodial parent
Income withholding ensures consistent, timely payments and removes the burden of manual payment processing.
When Child Support Ends
Understanding when child support obligations terminate helps parents plan financially and avoid confusion about ongoing responsibilities.
Age of Majority
Child support generally ends when a child reaches age 18. However, there's an important exception for students:
High School Exception: If the child is still attending high school and living with the custodial parent when they turn 18, support continues until:
- The end of the month when the child graduates from high school, OR
- The child turns 19, whichever comes first
Required Documentation
To continue child support until graduation, the custodial parent may need to file a declaration with the district child support agency stating:
- The child will still be in high school at their 18th birthday
- The name of the school
- The expected graduation date
There is no fee to file this declaration.
Termination Process
If circumstances change—such as the child graduating, leaving school, or no longer living with the custodial parent—either parent can file appropriate documentation to end support payments.
Modifying Child Support Orders
Life circumstances change, and North Dakota law provides mechanisms for adjusting child support when appropriate.
Automatic Reviews
If North Dakota Child Support Services is enforcing the order, the agency automatically reviews support orders every three years. The agency will seek modification if:
- The current payment amount is less than 85% of the guideline amount, OR
- The current payment amount is more than 115% of the guideline amount
Parent-Initiated Modifications
Either parent can file to amend a child support order at any time. However, different standards apply depending on how long the current order has been in effect:
Orders in Effect One Year or More: The judge will change the support amount to match current guidelines and circumstances without requiring proof of changed circumstances.
Orders in Effect Less Than One Year: The parent seeking modification must prove a substantial (material) change of circumstances since the order was entered.
Material changes might include:
- Significant income increase or decrease
- Job loss or new employment
- Changes in the child's needs
- Changes in parenting time arrangements
- Changes in health insurance costs or childcare expenses
Enforcement When Support Isn't Paid
When obligors fail to pay child support as ordered, North Dakota provides multiple enforcement tools to protect children's interests.
Enforcement Services
North Dakota Child Support Services offers two levels of service:
Limited Services: Income withholding enforcement if not already in place
Full Services: Comprehensive enforcement including:
- Income withholding
- Intercepting lottery and certain gaming winnings
- Reporting delinquent obligors to credit bureaus
- Suspending driver's and professional licenses
- Denying or revoking passports
- Freezing and seizing certain assets
Court-Based Enforcement
Parents can also file contempt motions asking judges to find the obligor in contempt of court for failing to pay support. Consequences may include:
- Court-ordered payment plans for arrears
- Required participation in work activities (unless incapacitated)
- Participation in treatment for mental illness or substance abuse if appropriate
- Fines
- Jail time for willful non-payment
License Suspension
If a parent owes more than three months of past-due support and isn't following a court-established repayment plan, the judge can order suspension of:
- Driver's licenses
- Occupational licenses
- Professional licenses
- Recreational licenses and permits
The parent has 30 days to pay the full amount owed to avoid the suspension taking effect.
Important Reminders About Child Support
Several critical principles govern North Dakota child support:
- Child support and custody are separate. You must continue paying child support even if the other parent withholds visitation. Conversely, you must allow parenting time even if the other parent is behind on child support payments.
- Support cannot be waived. Parents cannot simply agree to waive child support. The court must approve any agreement, and it must meet guideline requirements.
- Remarriage doesn't eliminate obligations. A parent's remarriage doesn't automatically affect child support amounts, though new children in the household may be considered in modification requests.
- Documentation is essential. Maintain records of all payments, income changes, and communications about child support to protect your interests.
Resources for North Dakota Child Support
North Dakota provides numerous resources to help parents understand and navigate child support:
- Child Support Calculator: Downloadable calculator with instructions and worksheets for estimating guideline support amounts
- Online Application: Apply for child support services through the North Dakota Child Support Services website
- Payment Portal: Make and track payments online
- Customer Service: Contact North Dakota Child Support Services for assistance with specific cases
Understanding North Dakota child support basics empowers parents to fulfill their obligations, protect their rights, and ensure their children receive the financial support they need. Whether you're establishing a new support order, seeking modification of existing support, or addressing enforcement issues, knowing how the system works helps you navigate the process effectively and advocate for your child's best interests.