North Dakota Child Support Guidelines
North Dakota uses the percentage of income model under N.D.C.C. §14-09-09.7. The obligor pays a percentage of net income based on the number of children.
North Dakota follows the Percentage of Income approach to calculating child support. The base percentages used in North Dakota are approximately:
| Children | 1 | 2 | 3 | 4 | 5 | 6 |
|---|---|---|---|---|---|---|
| Guideline % | 22% | 30% | 34% | 38% | 40% | 42% |
How North Dakota Calculates Child Support
Under the Percentage of Income model, North Dakota calculates child support based on a fixed percentage of the noncustodial parent's income. This model is straightforward: the obligor pays a set percentage that increases with the number of children. The custodial parent's income is generally not factored into the basic calculation.
The simplicity of this model means the calculation is relatively straightforward. The key variable is the noncustodial parent's adjusted income. For one child, the obligor pays 22% of their income. For two children, it increases to 30%, and so on.
Key Factors in North Dakota Child Support
North Dakota courts consider several factors when determining child support obligations:
- Healthcare costs
- Childcare
- Cost of living
- Travel expenses
- Number of children requiring support
- Each parent's gross income
- Parenting time / overnight schedule
Self-Support Reserve
North Dakota protects a self-support reserve of $1,050/month to ensure the paying parent can meet their own basic needs. If the obligor's income falls below this threshold, the court may reduce or suspend the child support obligation.
Shared Custody in North Dakota
North Dakota's shared custody threshold is 30% of overnights (approximately 110 nights per year). When the noncustodial parent has the child for at least this many overnights, the standard child support calculation is adjusted downward to reflect the direct spending that occurs during parenting time.
The more overnights the noncustodial parent has beyond the 30% threshold, the greater the reduction in child support. In a true 50/50 custody arrangement, the higher-earning parent typically pays the difference between what each parent would owe based on their income share.
North Dakota Child Support FAQ
How is child support calculated in North Dakota?
North Dakota uses the Percentage of Income model. North Dakota uses the percentage of income model under N.D.C.C. §14-09-09.7. The obligor pays a percentage of net income based on the number of children. The guidelines were last updated in 2024.
What income is included in North Dakota child support?
North Dakota considers most forms of income including wages, salaries, bonuses, commissions, self-employment earnings, rental and investment income, pensions, Social Security benefits, disability payments, and unemployment compensation. Pre-existing child support orders, mandatory taxes, and certain mandatory retirement contributions may be deducted.
Can North Dakota child support be modified?
Yes. Either parent can petition the court to modify child support when there has been a substantial change in circumstances. Common reasons include a significant increase or decrease in either parent's income (typically 15-25%), a change in the custody arrangement, a change in the child's medical or educational needs, or a change in childcare costs. The modification takes effect from the date the motion is filed, not retroactively.
How long does child support last in North Dakota?
In most cases, North Dakota child support obligations continue until the child turns 18. Support may be extended if the child is still attending high school (typically until age 19 or graduation, whichever comes first). If the child has a disability that prevents self-support, the obligation may continue indefinitely. Some states also allow support through college — check North Dakota's specific statutes.
What if a parent doesn't pay child support in North Dakota?
North Dakota takes child support enforcement seriously. The state child support agency can pursue several remedies including automatic wage garnishment, interception of federal and state tax refunds, suspension of driver's and professional licenses, denial of passport applications, seizure of bank accounts, placement of liens on property, and contempt of court proceedings that can result in fines or incarceration. Unpaid child support also accrues interest in most cases.