Child support in North Dakota generally ends when the child turns 18, but it can extend to age 19 if the child is still enrolled in and attending high school. Under N.D.C.C. § 14-09-08.2, support continues until the end of the month in which the child graduates high school or turns 19, whichever comes first. North Dakota does not require parents to pay child support through college, and the state has no formal emancipation statute for minors.
| Key Fact | Detail |
|---|---|
| Age of Majority | 18 years old |
| High School Extension | Until graduation or age 19, whichever is first |
| Filing Fee (Divorce) | $160 as of July 1, 2025 |
| Modification Filing Fee | $160 as of July 1, 2025 |
| Residency Requirement | 6 months in North Dakota |
| Waiting Period | None |
| Grounds for Divorce | No-fault only (irreconcilable differences) |
| Property Division | Equitable distribution |
| Support Calculation | Obligor-income model (noncustodial parent's income) |
| College Support Required | No (voluntary agreements only) |
When Does Child Support End in North Dakota Under State Law
Child support in North Dakota ends at age 18 under N.D.C.C. § 14-09-08.2, with a mandatory extension to age 19 for children still attending high school. The filing fee to modify or terminate a child support order is $160 as of July 1, 2025. North Dakota uses a no-fault divorce system, and the state requires 6 months of residency before a court can finalize any divorce or support modification.
The child support age threshold in North Dakota operates under a two-tier structure. The baseline termination occurs when the child reaches 18, the legal age of majority under North Dakota law. However, the legislature recognized that many children turn 18 during their senior year of high school, which is why N.D.C.C. § 14-09-08.2 creates an automatic extension for enrolled high school students.
Three conditions must all be met for child support to continue past age 18:
- The child must be enrolled in and attending high school at the time they turn 18
- The child must reside with the parent to whom the duty of support is owed (typically the custodial parent)
- The child must not yet have turned 19
When all three conditions are satisfied, child support continues until the end of the calendar month in which the child graduates high school or turns 19, whichever occurs first. North Dakota law specifies that a child who has completed coursework but has not yet attended the graduation ceremony is not considered graduated until the ceremony takes place.
The High School Extension Rule Explained
North Dakota extends child support beyond age 18 only when a child is actively enrolled in and attending high school, residing with the custodial parent, and under age 19. This extension under N.D.C.C. § 14-09-08.2(1) applies retroactively to all existing child support orders, regardless of the date the original order was entered. The extension is not optional or discretionary; it operates automatically by statute.
The graduation timing rule is particularly important. A child who finishes all required coursework in April but walks in a May graduation ceremony is not considered graduated until May. Child support continues through the end of May in that scenario. This prevents a gap where the child has completed studies but has not formally graduated.
Age 19 serves as the absolute outer limit for the high school extension. Even if a child is still enrolled in high school at age 19 due to delayed schooling, a gap year return, or special education circumstances, the child support obligation ceases at the end of the month in which the child turns 19. North Dakota law draws a firm line at this age with no exceptions.
How to Terminate Child Support in North Dakota
Terminating child support in North Dakota requires either automatic cessation at age 18 (or 19 under the high school rule) or a court-approved motion to modify the existing order. The obligor parent must file a motion with the district court, pay the $160 filing fee, and provide a supporting affidavit under N.D.C.C. § 14-09-08.2(3). Support obligations do not end automatically based on changed circumstances; a court order is always required.
Under N.D. Rule of Court 8.14, effective January 1, 2016, a monthly child support obligation automatically ceases when the obligor is awarded primary residential responsibility of the child. The receiving party must file a certified copy of the new custody order to trigger this automatic termination. This rule applies whether the custody change occurs in the original divorce action or a separate action in any North Dakota county.
The motion to terminate child support early (before the child reaches 18 or graduates high school) must include an affidavit asserting at least one of the following:
- The child is no longer enrolled in or attending high school
- The child no longer resides with the custodial parent
- The child has married (marriage terminates minority under North Dakota law)
- The child has entered active military service
- The child has died
Once the motion and affidavit are filed, the court reviews the evidence and enters an order. North Dakota courts do not hold automatic hearings on termination motions. The opposing party has the right to contest the motion, and if contested, the court will schedule a hearing.
Child Support for Disabled Adult Children
North Dakota courts may order child support beyond age 18 or 19 for adult children who are unable to support themselves due to a physical or mental disability. Under N.D.C.C. § 14-09-10, parents have a legal duty to maintain any child who cannot support themselves, regardless of the child's age. This mutual support obligation extends for as long as the disability prevents self-sufficiency.
The statute states: "It is the duty of the father, the mother, and every child of any person who is unable to support oneself, to maintain that person to the extent of the ability of each." This broad language gives North Dakota courts discretion to order ongoing financial support for adult disabled children. The support amount may differ from the standard child support guidelines and is determined based on the disabled child's needs and the parent's financial ability.
Courts may also approve higher child support amounts during minority for children with disabilities, chronic illness, or special care needs. Under the North Dakota Child Support Guidelines (N.D. Admin. Code 75-02-04.1), the need for special care constitutes an upward deviation factor. Parents seeking post-majority support for a disabled child should file a motion in the original divorce or custody case with medical documentation establishing the child's inability to achieve self-sufficiency.
College and Post-Secondary Education Support
North Dakota does not require parents to pay child support through college or contribute to post-secondary education costs. Unlike states such as New York, Massachusetts, or Indiana, North Dakota law contains no provision compelling divorced parents to fund a child's college education. The child support obligation ends at 18 or 19 under the high school extension, with no further statutory extension for college attendance.
Parents who wish to provide for college expenses may enter a voluntary agreement, which can be submitted to and approved by the court. Once a court approves such an agreement, it becomes enforceable as a court order. Without a voluntary agreement, neither parent has a legal obligation to pay tuition, room and board, or other college expenses for an adult child.
| Scenario | Support Obligation |
|---|---|
| Child turns 18, not in high school | Ends at 18 |
| Child turns 18, enrolled in high school, lives with custodial parent | Continues until graduation or age 19 |
| Child turns 19, still in high school | Ends at 19 regardless |
| Child enrolls in college at 18 | Ends at 18 (no college extension) |
| Child has a disability preventing self-support | May continue indefinitely under NDCC 14-09-10 |
| Child marries before 18 | Ends at marriage |
| Child enters military before 18 | Ends upon active duty |
| Obligor gains primary custody | Automatically ceases under Rule 8.14 |
North Dakota Child Support Calculation and Modification
North Dakota calculates child support using an obligor-income model under N.D. Admin. Code 75-02-04.1, which bases the obligation on the noncustodial parent's net income rather than both parents' combined income. The guidelines were last substantively updated on July 1, 2023, with the online calculator reflecting January 1, 2026 tax adjustments. Parents earning above $25,000 per month may face upward deviations from the standard schedule.
The North Dakota Child Support Enforcement Office reviews existing orders automatically every 36 months after entry. Parents receiving full child support services may request a review after 18 months since the last order entry, review, or amendment. If less than 1 year has passed since the current order, the requesting party must demonstrate a material change in circumstances to obtain a modification.
Key factors in calculating North Dakota child support include:
- Net income after taxes, health insurance premiums for the child, and actual medical expenses
- Extended parenting time credit: support decreases when the noncustodial parent has the child for more than 100 overnights per year
- Add-on expenses for child care costs and school activity fees
- Imputed income for voluntarily underemployed or unemployed parents
- Gifts and prizes exceeding $1,000 per year counted as income
- Received spousal support counted as income for the recipient
Downward deviation factors include excessive travel expenses for exercising parenting time, extraordinary health care needs, and military deployment assignments.
Filing Fees and Court Costs for Child Support Actions
The filing fee for a child support modification or termination motion in North Dakota is $160, effective July 1, 2025, under N.D.C.C. § 27-05.2-03. This represents a significant increase from the previous $30 modification fee that had been in place since 1995. Filing an answer to a modification motion costs $100. As of March 2026, verify all fees with your local district court clerk.
| Court Action | Fee (Effective 7/1/2025) | Previous Fee |
|---|---|---|
| Filing a divorce petition | $160 | $80 (since 1995) |
| Filing a motion to modify support or custody | $160 | $30 |
| Filing an answer to a modification motion | $100 | $30 |
| Fee waiver available | Yes (Financial Affidavit required) | Yes |
Parents who cannot afford the filing fee may petition the court for a fee waiver by submitting a Petition for Waiver of Filing Fees and Costs along with a Financial Affidavit documenting their income and expenses. The court evaluates the financial affidavit and grants or denies the waiver based on the petitioner's ability to pay.
Additional costs beyond filing fees may include attorney fees (typically $200 to $400 per hour in North Dakota), service of process fees ($25 to $75), and costs for certified copies of court documents. The total cost of a contested child support modification in North Dakota typically ranges from $1,500 to $5,000 depending on complexity, while an uncontested modification may cost $500 to $1,500 in legal fees plus the $160 filing fee.
North Dakota Residency and Jurisdictional Requirements
North Dakota requires 6 months of state residency before a court can finalize a divorce or enter a child support order under N.D.C.C. Chapter 14-05. The plaintiff must reside in North Dakota for at least 6 months before filing the divorce petition, or alternatively, for 6 months before the court enters the final decree. The responding spouse does not need to be a North Dakota resident.
For child support modifications on existing North Dakota orders, the parent seeking modification must file in the North Dakota district court that issued the original order. If both parents have moved out of North Dakota, jurisdiction may transfer to the state where the child currently resides under the Uniform Interstate Family Support Act (UIFSA). North Dakota has no mandatory waiting period or cooling-off period after filing for divorce.
Steps to End Child Support in North Dakota
- Determine whether the child has reached 18 and is not enrolled in high school, or has reached 19, or has graduated from high school
- Obtain a copy of the current child support order from the district court that issued it
- Prepare a Motion to Terminate Child Support with a supporting affidavit stating the grounds for termination
- File the motion with the district court clerk and pay the $160 filing fee (or file a fee waiver petition)
- Serve the motion on the other parent through proper legal service
- If uncontested, the court may enter an order without a hearing
- If contested, attend the scheduled hearing and present evidence (diploma, birth certificate, proof of changed residence)
- Once the court enters the termination order, provide a copy to the North Dakota Child Support Enforcement Office and your employer's payroll department to stop income withholding
Frequently Asked Questions
Does child support automatically stop at 18 in North Dakota?
Child support does not automatically stop at 18 if the child is enrolled in and attending high school while living with the custodial parent. Under N.D.C.C. § 14-09-08.2, support continues until the end of the month the child graduates or turns 19, whichever comes first. If the child is not in high school at 18, support ends at 18.
When does child support end in North Dakota if my child drops out of high school?
Child support ends immediately when the child drops out of high school after turning 18. The obligor must file a motion with a supporting affidavit under N.D.C.C. § 14-09-08.2(3) asserting the child is no longer enrolled. The court will then enter an order terminating support. The $160 filing fee applies.
Does North Dakota require child support payments for college students?
No. North Dakota law does not require either parent to pay child support for a child attending college. The statutory obligation ends at 18 or 19 under the high school extension rule. Parents may voluntarily agree to fund college expenses, and if approved by the court, such agreements become enforceable orders.
Can child support extend past 19 in North Dakota?
Child support can extend past age 19 only for adult children who cannot support themselves due to a disability. Under N.D.C.C. § 14-09-10, parents have a legal duty to maintain children who are unable to achieve self-sufficiency. Courts determine the support amount based on the child's needs and the parent's financial ability.
How much does it cost to file for child support termination in North Dakota?
Filing a motion to terminate or modify child support in North Dakota costs $160 as of July 1, 2025, under N.D.C.C. § 27-05.2-03. This fee increased from $30. Fee waivers are available for parents who demonstrate financial hardship by filing a Financial Affidavit with the court.
What happens to child support if my child moves out of the custodial parent's home?
If the child moves out of the custodial parent's home after turning 18, the obligor can file a motion to terminate support. Under N.D.C.C. § 14-09-08.2, the high school extension requires the child to reside with the parent to whom support is owed. Once that condition is no longer met, the court can terminate the obligation.
Does the obligor getting custody end child support in North Dakota?
Yes. Under N.D. Rule of Court 8.14, effective January 1, 2016, child support automatically ceases when the obligor is awarded primary residential responsibility of the child. The receiving party must file a certified copy of the new custody order with the court to formalize the termination.
How often can child support be modified in North Dakota?
The North Dakota Child Support Enforcement Office reviews orders automatically every 36 months. Parents receiving full services may request review after 18 months. If less than 1 year has passed since the current order, the requesting party must show a material change in circumstances. Modifications always require a court order; changes are never automatic.
Is there a formal emancipation process in North Dakota that ends child support?
No. North Dakota does not have a codified emancipation procedure for minors. The state's Century Code contains no provisions allowing a minor to petition for emancipation. Child support ends at 18 (or 19 under the high school rule), by marriage, or by entry into active military service. There is no court process for a minor to be declared legally emancipated.
What income is used to calculate child support in North Dakota?
North Dakota uses the obligor-income model under N.D. Admin. Code 75-02-04.1, basing support on the noncustodial parent's net income only. Income includes salaries, Social Security, workers' compensation, unemployment benefits, net self-employment earnings, gifts exceeding $1,000 per year, and received spousal support. The noncustodial parent receives a credit for more than 100 overnights per year with the child.