Support in North Dakota (2026)

North Dakota’s Obligor-Only Income Model

North Dakota stands apart from the majority of states by using a percentage-of-income model to determine child support obligations. While most states calculate support based on both parents’ combined incomes (the income shares model), North Dakota calculates the presumptive support amount based solely on the obligor’s (non-custodial parent’s) net income. This approach is governed by NDCC Section 14-09-09.7 and the detailed administrative rules in NDAC 75-02-04.1.

Understanding this distinction is important because it affects how parents prepare for support proceedings and which financial information matters most in the calculation.

How the Calculation Works

The calculation begins by determining the obligor’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 obligor’s net income is then applied to the guidelines schedule to produce a child support obligation based on the number of children. Costs for work-related child care and extraordinary medical expenses may also be factored in.

For a broader overview of how support calculations work across states, 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.

The Child Support Enforcement Division

North Dakota’s Child Support Enforcement Division, part of the Department of Human Services, plays a central role in establishing, modifying, and enforcing child support orders. The division offers services including locating non-custodial parents, establishing paternity, establishing and modifying support orders, and collecting and distributing payments. Parents can apply for services regardless of whether they receive public assistance. All child support payments are processed through the State Disbursement Unit (SDU), which centralizes payment tracking and distribution.

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 percentage-of-income child support model 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.

Frequently Asked Questions

What child support model does North Dakota use?

North Dakota uses a percentage-of-income model under NDCC Section 14-09-09.7 and NDAC 75-02-04.1. The child support obligation is calculated based on the obligor’s (non-custodial parent’s) net income, not both parents’ combined income. The obligor’s net income is applied to the guidelines schedule to determine the support amount.

Until what age does child support last in North Dakota?

Child support continues until the child reaches age 18, or until age 19 if the child is still attending high school. Support also terminates upon marriage, emancipation, or entry into military service.

Can fault affect alimony in North Dakota?

Yes. Unlike many states, North Dakota courts may consider fault when determining alimony under NDCC Section 14-05-24.1. The court also evaluates the length of the marriage, earning capacity, financial needs, and contributions to the other spouse’s education.

What forms of spousal support does North Dakota recognize?

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 to become self-supporting.

How do I apply for child support enforcement services in North Dakota?

You can apply through the North Dakota Child Support Enforcement Division, part of the Department of Human Services. Services are available to all custodial parents, not just those receiving public assistance. The division can help locate non-custodial parents, establish paternity, set up support orders, and enforce existing orders.

Can child support be modified if parenting time changes significantly?

Yes. A significant change in parenting time arrangements is a recognized basis for seeking modification under NDCC Section 14-09-09.7. When the non-custodial parent’s overnights increase substantially, the guidelines adjustment for extended parenting time may reduce the support obligation.

How This Guide Was Researched

This guide was developed by reviewing NDCC Sections 14-09-09 through 14-09-09.7 (child support), NDCC Section 14-05-24.1 (spousal support), and the North Dakota Administrative Code at NDAC 75-02-04.1 (child support calculation rules and guidelines schedule). We also consulted the North Dakota Child Support Enforcement Division’s published resources, the North Dakota Court System’s self-help materials on support, and the state’s child support guidelines schedule. Statutory references were verified against the current NDCC and NDAC available through the North Dakota Legislative Branch website.

Sources and Legal References

• NDCC Sections 14-09-09 through 14-09-09.7 — Child support guidelines, calculation methodology, and the percentage-of-income model
• NDAC 75-02-04.1 — Administrative rules governing child support calculations, income definitions, and the guidelines schedule
• NDCC Section 14-05-24.1 — Spousal support factors, types, and the role of fault
• NDCC Section 14-09-08.1 — Enforcement mechanisms and the Child Support Enforcement Division’s authority

Official North Dakota Resources

• North Dakota Court System — Self-Help: Divorce and Support
• North Dakota Child Support Enforcement Division
• North Dakota Century Code — Title 14 (Domestic Relations)

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

• How child support is calculated — National overview of calculation models
• Child support calculator — Estimate your potential obligation
• Divorce in North Dakota — Property division and the divorce process
• Child custody in North Dakota — Residential and decision-making responsibility
• How alimony works — Types and factors across states
• Child support enforcement — How enforcement works nationwide
• Modifying child support — When and how to request changes