Support in North Dakota

How North Dakota Calculates Child Support

North Dakota uses an income shares model to determine child support obligations. The North Dakota Child Support Guidelines, established under NDCC Section 14-09-09.7 and the corresponding administrative guidelines, calculate a presumptive support amount based on both parents’ combined net income.

The calculation begins by determining each parent’s net income. Gross income includes earnings from all sources — wages, salaries, commissions, bonuses, self-employment income, investment income, Social Security benefits, workers’ compensation, and other recurring income. Deductions are applied for federal and state income taxes, FICA taxes, mandatory retirement contributions, union dues, and health insurance premiums for the child.

The parents’ combined net income is applied to a guidelines schedule that produces a basic support obligation based on the number of children. Each parent’s share is proportional to their percentage of the combined net income. The non-custodial parent typically pays their share to the custodial parent. Costs for work-related child care and extraordinary medical expenses are added and allocated proportionally.

For a broader overview of how support calculations work, see our guide on how child support is calculated. You can also estimate your potential obligation using our child support calculator.

Adjustments for Extended Parenting Time

When the non-custodial parent exercises significant parenting time, the guidelines provide adjustments to reflect the direct expenses that parent incurs during their care periods. The specific adjustment depends on the number of overnights the child spends with the non-custodial parent. In cases of equal or near-equal residential responsibility, each parent’s theoretical obligation is calculated and the parent with the higher obligation pays the net difference.

Deviation from Guidelines

The guidelines amount is presumptive, but the court may deviate when strict application would be unjust or inappropriate. Recognized deviation factors include:

• The net income of each parent
• The needs of the child, including special health care or educational needs
• The physical and emotional condition of the child
• The standard of living the child would have enjoyed had the family remained intact
• The financial condition and needs of the custodial parent
• Extended parenting time arrangements
• Extraordinary medical or educational expenses
• Tax consequences
• Other factors the court deems relevant

When deviating, the court must state the guidelines amount and provide specific findings justifying the departure.

Duration of Child Support

Child support in North Dakota continues until the child reaches age 18, or until age 19 if the child is still attending high school. Support may also terminate upon the child’s marriage, emancipation, or entry into military service. North Dakota does not generally require parents to pay for post-secondary education, though the parties may agree to such provisions in their divorce settlement.

Alimony (Spousal Support) in North Dakota

North Dakota courts may award spousal support under NDCC Section 14-05-24.1. Unlike many states, North Dakota courts may consider fault in determining alimony. The court evaluates several factors:

• The length of the marriage
• The age and health of each spouse
• The earning capacity of each party
• The financial needs and obligations of each party
• The property distribution made in the divorce
• Whether one spouse contributed to the education or training of the other
• Whether the custodial parent should remain home with minor children
• The standard of living established during the marriage
• Tax consequences

North Dakota recognizes permanent, rehabilitative, temporary, and lump-sum spousal support. Rehabilitative support is commonly awarded to allow a spouse time to obtain education, training, or employment necessary to become self-supporting.

Modification of Support Orders

Either party may petition for modification of child support or spousal support by demonstrating a material change in circumstances that was not contemplated when the original order was entered. Under NDCC Section 14-09-09.7, common grounds for modification include significant changes in income, changes in the child’s needs, changes in parenting time arrangements, or changes in employment circumstances.

Spousal support modification is governed by the same material change standard. Spousal support typically terminates upon the death of either party or the remarriage of the recipient.

Enforcement

North Dakota employs a comprehensive set of enforcement mechanisms through the Child Support Enforcement Division:

• Income withholding (wage garnishment)
• Interception of state and federal tax refunds
• Suspension of driver’s, professional, and recreational licenses
• Contempt of court, which may result in fines or incarceration
• Liens on real and personal property
• Passport denial for arrearages exceeding $2,500
• Credit bureau reporting
• Bank account seizure

Arrearages accrue and cannot be retroactively forgiven. Modifications take effect from the date the motion is filed, not retroactively.

When to Seek Legal Guidance

North Dakota’s child support guidelines and spousal support framework require detailed financial analysis. Whether you are establishing a new support order, seeking a modification, or dealing with enforcement issues, consider scheduling a free consultation with an experienced family law attorney.

Statutes referenced: NDCC Sections 14-09-09 through 14-09-09.7 (child support), NDCC Section 14-05-24.1 (spousal support), North Dakota Child Support Guidelines.