North Dakota
North Dakota Child Support Laws (2026): Guidelines & Calculator
Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. · 7 primary sources cited on this page. How we verify our legal content
North Dakota calculates child support under a percentage-of-obligor-net-income model governed by N.D. Admin. Code Chapter 75-02-04.1. The amount depends primarily on the paying parent's net income and the number of children. Use the North Dakota child support calculator below to estimate a guideline amount, or open the North Dakota child support calculator for the full-page tool.
How to Apply for Child Support in North Dakota
The North Dakota Health and Human Services (HHS) Child Support Division provides comprehensive services including application processing, paternity establishment, support order enforcement, review and adjustment of orders, and interstate case management.
There are three ways to apply:
- Apply online through the state portal
- Download, complete, and return a paper application (available from the HHS website)
- Call the Child Support Division at (701) 328-5440 or toll-free (800) 231-4255, or email childsupport@nd.gov
What to know before applying:
- Families receiving TANF, Foster Care, or Medicaid are automatically referred to child support services
- The more accurate information you provide, the faster your case will move forward
- The Child Support Division provides inter-jurisdictional services for cases crossing state lines under the Uniform Interstate Family Support Act (UIFSA), enforced through the federal Office of Child Support Services (OCSS) Title IV-D program
Establishing Paternity in North Dakota
Legal parentage must be established before a court can enter a child support order for a child born outside of marriage. North Dakota offers several pathways:
- Voluntary Acknowledgment of Paternity (VAP): Both parents sign a form at the hospital or later through the vital records office, creating a legal presumption of paternity
- Genetic Testing: Court-ordered or voluntary DNA testing; results above 99% create a legal presumption
- Court Adjudication: A judge determines parentage through legal proceedings
- Presumed Paternity: A child born during a marriage, or within 300 days after its termination, is presumed to have the spouse as a parent under N.D.C.C. 14-20-10
How Is Child Support Calculated in North Dakota?
North Dakota uses a percentage-of-obligor-net-income model under N.D. Admin. Code Chapter 75-02-04.1, anchored by the statute at N.D.C.C. 14-09-09.7. The court starts with the obligor's (paying parent's) monthly net income and applies a graduated percentage schedule; the higher the income, the lower the effective percentage, because higher-income families proportionally spend less of their earnings on child-rearing basics.
Net income is gross income from all sources minus:
- Federal and state income taxes (calculated hypothetically based on filing status)
- FICA / Social Security and Medicare taxes
- Mandatory retirement contributions required by the employer
- Health and dental insurance premiums paid by the parent for themselves
- Mandatory union dues
- Court-ordered support for other children
Gross income includes wages, salary, bonuses, commissions, self-employment income, Social Security benefits, unemployment compensation, workers' compensation, veterans' disability payments, pensions, rental income, and gifts or prizes exceeding $1,000 per year. If a parent is voluntarily unemployed or underemployed, the court may impute income based on earning capacity rather than actual earnings. Underemployment is presumed at no less than 167 times the federal hourly minimum wage per month.
When the Obligee's Income Matters
The obligee's (receiving parent's) income is generally not part of the base calculation. It becomes relevant in two situations:
- The obligee's net income is at least three times the obligor's net income, or
- The parents share equal residential responsibility (approximately 50/50 parenting time)
In equal-custody cases, the court calculates a separate guideline obligation for each parent and offsets the two amounts; the higher-earning parent pays the difference.
Add-Ons to the Basic Obligation
The base guideline amount may be increased by:
- Health insurance premiums attributable to the child (split proportionally or assigned to one parent)
- Work-related child care costs (split proportionally or ordered as an add-on)
- Extraordinary medical or dental expenses beyond ordinary costs already reflected in the schedule
- School activity fees and other agreed or court-ordered child-related costs
Calculator and Worksheets
Open the North Dakota child support calculator to estimate a monthly guideline amount based on net income and number of children. The state also provides:
- An official Excel-based calculator (updated January 1, 2026) on the HHS website
- A guidelines worksheet for multiple-family situations
- A worksheet for self-employment income adjustments
- Foster care calculations under N.D. Admin. Code 75-02-04.1-11
Current Guidelines (July 2023, Calculator Updated January 2026)
The North Dakota Child Support Guidelines under N.D. Admin. Code Chapter 75-02-04.1 were amended effective July 1, 2023, replacing the prior version that had been in effect through June 30, 2023. The official Excel calculator was updated most recently on January 1, 2026, to reflect current tax tables and guideline amounts.
Key features of the current guidelines:
- A graduated percentage schedule applied to the obligor's monthly net income, capped at $25,000 net income per month (maximum obligations at the cap: approximately $3,500 for one child, $4,250 for two children, $5,000 for three children)
- Separate calculation worksheets for multiple-family situations and self-employment income
- Low-income provisions to protect obligors with minimal income from orders they cannot realistically meet
- A self-support reserve to ensure the obligor retains enough income to meet basic living needs before the child support percentage is applied
- Foster care considerations under N.D. Admin. Code 75-02-04.1-11
The guidelines schedule with specific percentages by income level and number of children is embedded in the official calculator and worksheet available from the HHS Child Support Division.
How to Modify Child Support in North Dakota
North Dakota reviews child support cases every 18 months upon request. Parents may also petition the court for modification at any time when circumstances have materially changed.
Grounds for modification include:
- A substantial increase or decrease in the obligor's income
- Elimination, increase, decrease, or addition of work-related child care costs
- A child reaching the age of majority
- A significant change in health insurance coverage or premiums
- A change in parenting time affecting the residential schedule
- Other substantial changes in circumstances affecting the child's needs or a parent's ability to pay
How to seek a modification:
- Request a review through the Child Support Division (available once every 18 months without needing to show a material change)
- Download and complete the applicable forms from the North Dakota Courts self-help center
- Find your local clerk of court to file
What to know:
- You may represent yourself (pro se) or hire an attorney; pro se litigants must follow the North Dakota Rules of Civil Procedure, Rules of Court, and Rules of Evidence
- A stepparent's income may be considered if the child is received into the stepparent's family
- Modifications take effect from the date of the motion, not retroactively to when circumstances changed
What Happens If You Do Not Pay Child Support?
North Dakota law at N.D.C.C. 35-34-02.1 requires the state to maintain a child support lien registry. Any obligor listed in that registry automatically encumbers real or titled property in North Dakota (except a homestead) with a lien.
Enforcement Tools
- Income Withholding: Employers, along with sources of unemployment benefits and veterans' disability payments, may be ordered to withhold and remit support directly
- Credit Bureau Reporting: Unpaid support is reported to consumer credit bureaus, affecting credit scores
- Tax Refund Intercept: State, local, and federal tax refunds may be seized and applied to arrears
- License Suspension: Driver's licenses, recreational licenses, and business or professional licenses may be suspended or revoked
- Bank Account Levies: The Division may access and seize funds in bank accounts and financial accounts
- Passport Denial: Arrears exceeding $2,500 trigger a referral to the federal Office of Child Support Services for passport denial or revocation
- Property Liens: Liens attach automatically to real estate and personal property through the lien registry
- Attorney Fee Reimbursement: Courts may order a delinquent parent to pay the custodial parent's attorney fees
Contempt of Court
When a parent deliberately violates a support order, the custodial parent may file a motion for an order to show cause. Consequences of a contempt finding may include fines, jail time, or both. Not every enforcement situation requires going to court; some disputes are resolved through negotiation or mediation.
Criminal Non-Support
Under North Dakota law (N.D.C.C. 12.1-37-01), willful failure to pay child support is a graduated criminal offense keyed to the unpaid amount: a Class B misdemeanor at the lowest tier, a Class A misdemeanor when arrears exceed the greater of $1,000 or three months of the support obligation, and a Class C felony (up to 5 years and a $10,000 fine) when arrears exceed the greater of $2,000 or six months of the obligation. Obligors who flee to other states to avoid payment may face federal prosecution under the Deadbeat Parents Punishment Act of 1998.
When Does Child Support End in North Dakota?
Child support generally terminates when the youngest child covered by the order reaches the age of majority:
- Support ends on the child's 18th birthday in most cases
- If the child is still enrolled in high school at age 18, support may continue until the child graduates or turns 19, whichever comes first
- If parents agreed in writing to cover post-secondary education costs, support continues under the terms of that agreement
- Support may continue indefinitely for a child who is mentally or physically disabled and unable to support themselves
Practical reminders:
- When one child ages out of a multi-child order, the paying parent should petition the court for a recalculation; support does not automatically decrease
- College or university support agreements can be made privately, outside of court
Emancipation in North Dakota
North Dakota does not have a specific statutory process for minor emancipation. A minor may be treated as emancipated through:
- Marriage (with parental consent as required by law)
- Military enlistment
- Reaching the age of majority (18)
Read more at North Dakota Emancipation Laws.
More North Dakota Laws
Frequently Asked Questions
How Is Child Support Calculated in North Dakota?
North Dakota uses a percentage-of-obligor-net-income model under N.D. Admin. Code Chapter 75-02-04.1. The court applies a graduated percentage schedule to the paying parent's monthly net income, adjusted for the number of children. Net income is gross income from all sources minus taxes, FICA, mandatory retirement contributions, health insurance premiums for the parent, and mandatory union dues. The obligee's income is generally not included unless it is at least three times the obligor's income, or the parents share equal residential responsibility.
What Happens If You Do Not Pay Child Support in North Dakota?
North Dakota enforces unpaid child support through income withholding, tax refund intercept, credit bureau reporting, license suspension (driver, recreational, and professional), bank account levies, property liens through the state lien registry under N.D.C.C. 35-34-02.1, and passport denial for arrears over $2,500. Courts may also hold a non-paying parent in contempt, resulting in fines or jail time. Willful non-payment is a graduated criminal offense: it starts as a Class B misdemeanor and becomes a Class C felony (up to a $10,000 fine, five years in prison, or both) once arrears exceed the greater of $2,000 or six times the monthly obligation.
When Does Child Support End in North Dakota?
Child support in North Dakota ends when the youngest child covered by the order turns 18. If the child is still in high school at 18, support may continue until graduation or age 19, whichever comes first. Support may continue indefinitely for a child with a mental or physical disability. If parents have a written agreement covering college expenses, support continues under that agreement. When one child in a multi-child order turns 18, the paying parent should petition the court for a recalculated amount.
How Do I Modify Child Support in North Dakota?
You can request a review through the North Dakota Child Support Division once every 18 months without showing a material change. You can also petition the court at any time if there has been a substantial change in circumstances, such as a significant income change, a change in child care costs, or a shift in the parenting schedule. Forms are available through the North Dakota Courts self-help center at ndcourts.gov.
North Dakota Child Support Calculator
Estimate your child support obligation under N.D. Admin. Code ch. 75-02-04.1. This calculator provides a step-by-step breakdown with statute citations.
North Dakota Child Support Calculator
Based on N.D. Admin. Code ch. 75-02-04.1 · Effective January 1, 2019
Enter income details to see your estimate
How North Dakota Calculates Child Support
- •North Dakota does NOT use the income-shares model: the schedule amount comes from the paying parent's net income alone, and the receiving parent's income never enters the base calculation (N.D. Admin. Code 75-02-04.1-10).
- •Net income means gross income minus federal and state income taxes, FICA, the child's health insurance premium, and the other deductions listed in 75-02-04.1-01(7).
- •Before the schedule lookup, net income is rounded to the nearest $100 ($50 and over rounds up).
- •An obligor netting $800 per month or less presumes a $0 obligation under the schedule; the former minimum-support-level rule was repealed effective January 1, 2018.
- •The schedule tops out at $25,000 per month of obligor net income — amounts hold flat above that as a rebuttable presumption, and a court may order more based on the child's needs.
- •Equal residential responsibility (50/50) cases use a different offset calculation under 75-02-04.1-08.2, which this calculator does not model.
What Is the Average Child Support Payment in North Dakota?
Estimated Average Monthly Payment
$1,102/month
Estimated Annual Total
$13,224/year
North Dakota does not publish an official “average” child support payment. This estimate was calculated using the North Dakota guideline formula above with median income data from the U.S. Census Bureau, American Community Survey (ACS) 2024 — North Dakota Median Earnings. Your actual amount will differ — use the calculator above with your own numbers for a personalized estimate.
Assumptions used in this estimate
- •Obligor net monthly income of $3,900 (North Dakota median full-time earnings after taxes, Census ACS 2024)
- •Obligee net income shown for comparison only — it does not affect the North Dakota schedule amount
- •2 children
Data year: 2024
Important Legal Disclaimer
This calculator provides an estimate only based on North Dakota's child support guidelines. Actual court-ordered amounts may differ based on factors not captured here, including special needs, shared custody arrangements, travel costs, and judicial discretion.
This is not legal advice. Consult a family law attorney for guidance specific to your situation.
Updates
Corrected the criminal nonsupport penalty structure (graduated tiers) and a lien-registry citation.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Reviewed and approved by an editor
Sources and References
- N.D. Admin. Code Chapter 75-02-04.1 Child Support Guidelines(ndlegis.gov).gov
- N.D.C.C. Title 14, Chapter 14-09 Parent and Child(ndlegis.gov).gov
- Current Child Support Guidelines, North Dakota HHS Child Support Division(hhs.nd.gov).gov
- Estimate Support Amount, North Dakota HHS(hhs.nd.gov).gov
- Establish Support Orders, North Dakota HHS(hhs.nd.gov).gov
- Review and Adjustment of Orders, North Dakota HHS(hhs.nd.gov).gov
- Amend Child Support, North Dakota Courts Self-Help(ndcourts.gov).gov
- N.D. Admin. Code 75-02-04.1-09 Criteria for Rebuttal of Guideline Amount(law.cornell.edu)