North Dakota Child Support Calculator

North Dakota calculates child support by applying a scheduled percentage to the obligor's monthly net income under NDAC § 75-02-04.1-10. The percentage increases with the number of children being supported. For sole custody cases where the noncustodial parent has 100 or fewer overnights per year, only the obligor's income is used. Joint custody cases with more than 100 overnights use both parents' incomes in a separate formula.

North Dakota defines income broadly to include salaries, wages, Social Security benefits, workers' compensation, unemployment benefits, net self-employment income, spousal support received, and gifts or prizes exceeding $1,000 per year. Allowable deductions from gross income include health insurance premiums for the children, existing child support for other children, and childcare costs. The court may also impute income to a voluntarily unemployed or underemployed parent.

North Dakota uses two different calculation formulas depending on custody arrangement. In sole custody cases where the noncustodial parent has 100 or fewer overnights per year, child support is based solely on the obligor's net income. When parenting time exceeds 100 overnights, North Dakota applies an extended parenting time credit under NDAC § 75-02-04.1-08.1 that factors both parents' incomes, typically reducing the obligor's support obligation.

North Dakota allows child support modification when a material change in circumstances occurs, such as significant income changes, job loss, disability, or unexpected medical expenses. Either parent may petition the court for a review. The North Dakota Child Support Division also conducts reviews every three years upon request. The modified amount must still conform to the guideline schedule unless deviation criteria under N.D. Century Code § 14-09-09.7 apply.

The base child support amount under the North Dakota guidelines covers basic needs including food, housing, clothing, and transportation. Beyond the base amount, courts may order parents to split additional expenses such as childcare costs, health insurance premiums, uninsured medical expenses, and school activity fees. These add-on expenses are typically divided proportionally based on each parent's income and are added to the guideline child support amount.

North Dakota caps child support obligations at a monthly net income of $25,000 under NDAC § 75-02-04.1-10. At that cap, maximum support is $3,500 for one child, $4,250 for two children, and $5,000 for three children. The obligee may request amounts above the cap by demonstrating the obligor's increased ability to pay and the child's demonstrated needs under NDAC § 75-02-04.1-09(2)(b). There is no statutory minimum, but courts ensure awards meet children's basic needs.

North Dakota child support generally continues until the child turns 18 under N.D. Century Code § 14-09-08.2. If the child is still attending high school at age 18 and lives with the custodial parent, support extends through the end of the month the child graduates or turns 19, whichever comes first. Support may continue indefinitely for a child with a mental or physical disability. Parents may also voluntarily agree in writing to extend support for college expenses.

North Dakota enforces unpaid child support through multiple mechanisms including automatic wage garnishment, federal tax refund interception, driver's and professional license suspension, vehicle registration suspension, property liens, and passport denial. Parents owing more than three months of arrears face license suspension with a 30-day cure period. Willful nonpayment is a criminal offense carrying up to five years imprisonment and a $5,000 fine. Unpaid balances are not dischargeable in bankruptcy.