How to Calculate Child Support Payments in North Dakota

North Dakota has child support guidelines that parents and judges use to calculate the right amount of support in a particular case. The guidelines are based on the principle that children are entitled to financial support from both of their parents.

How to Calculate Child Support Under North Dakota's Child Support Guidelines

To estimate your support amount under North Dakota's current child support guidelines, you can use the state's official Calculator.

The guidelines in North Dakota take into account many factors, including:

• both parents' income
• the number of children who need to be supported, and
• the amount of time the children spend with each parent.

Learn more about child support in North Dakota, including what gets counted as income when calculating support.

(N.D. Cent. Code § 14-09-09.7 (2024); N.D. Child Support Guidelines § 75-02-04.1 (2024).)

Are Other Child Support Calculators Accurate?

Watch out for websites with so-called child support calculators for North Dakota. Unfortunately, there's no guarantee that these calculators are accurate and up-to-date. North Dakota updates its child support guidelines regularly, and you usually can't tell whether any of these websites have kept up with the latest changes.

It's best to stick with the official state calculator to get the most accurate amount of child support you may pay or receive. Be aware, however, that this will be an estimate only and isn't a guarantee of the amount of child support a judge will order. As explained below, the judge may order a different amount in your case.

When Child Support May Be Different than the Guidelines Calculation

North Dakota judges typically must order the amount of support calculated by the guidelines. Still, judges can deviate when a preponderance of the evidence—a more likely than not standard—shows that deviating from the guidelines is in the children's best interests and one of the reasons listed in the guidelines exists.

An upward adjustment may be justified by one or more of the following reasons:

• a family size of more than six children
• a child with a disability or chronic illness
• an older child (12+) who has increased needs
• work-related child care costs
• private school tuition, or
• a parent with an extra high income or assets who can afford to pay more support.

Examples of reasons that may justify a downward adjustment include:

• the parent who owes support (called the "obligor") has a lot of child visitation-related travel expenses
• the obligor has unanticipated expenses that are out of their control
• the obligor has costly health care needs, or
• the obligor is on a temporary military assignment.

(N.D. Child Support Guidelines § 75-02-04.1-09 (2024).)

How to Apply for Child Support in North Dakota

If you're filing for divorce or legal separation in North Dakota, you can request child support as part of that process.

You can also apply for child support through North Dakota Child Support. The agency can help you establish paternity if you aren't married to your child's other parent.

How to Collect Child Support in North Dakota

Most child support payments in North Dakota are collected through income withholding, which requires employers to take support payments directly from a parent's paycheck. Parents who are self-employed or between jobs can make other payment arrangements.

If you're having trouble collecting support payments, North Dakota Child Support can take the following enforcement actions:

• intercepting tax refunds
• reporting the debt to credit bureaus
• denying passport applications and renewals
• suspending licenses (driver's, occupational, recreational)
• suspending vehicle registration
• charging interest on past-due amounts
• placing liens on real and personal property
• freezing and seizing assets
• holding the parent who isn't paying in contempt of court, and
• criminally prosecuting a parent who is willfully not paying support.

(N.D. Cent. Code § 14-09-09.24 (2024).)

How to Change the Amount of Child Support

Either parent can request a review of a child support order by North Dakota Child Support every 18 months. The agency will notify the parent of the results of the review and allow each parent a chance to agree or disagree. A judge must approve any changes.

You can also file your own motion for review and amendment of child support with the court when something has changed since your last order, such as:

• a change in income for either parent
• a loss of health insurance, or
• your child's needs have increased.

(N.D. Cent. Code § 14-09-08.4, 14-09-08.9 (2024).)

Getting Help With Child Support

Calculating child support is complicated. The North Dakota Legal Self Help Center provides free information and resources on many legal topics, including child support. You can also find more information and apply for assistance at Legal Services of North Dakota.

If you and your co-parent can't agree on child custody, support, or both, you might need a lawyer's help. An experienced lawyer can answer your questions, help you negotiate an agreement that works for you and your child, and advocate for you in court if it comes to that.