North Dakota Child Support Laws: Guidelines and Schedule

North Dakota sets child support with the Department of Health and Human Services guidelines in N.D. Admin. Code chapter 75-02-04.1, adopted under N.D.C.C. 14-09-09.7, which read the amount from a schedule based only on the paying parent's monthly net income and the number of children. Support generally lasts until 18, or until the end of the month of high school graduation or age 19, whichever comes first, for a child who turned 18 while still in high school and lives with the parent owed support.

This page covers North Dakota state law. Federal rules and the exact terms of your own order also govern a case; our guide to child support laws in every state explains the federal layer.

How North Dakota Calculates Child Support (N.D. Admin. Code 75-02-04.1)

N.D.C.C. 14-09-09.7 has the Department of Health and Human Services set the guidelines by rule and provides: "There is a rebuttable presumption that the amount of child support that would result from the application of the child support guidelines is the correct amount of child support." The rules are in N.D. Admin. Code chapter 75-02-04.1.

A schedule based on the paying parent's income only

North Dakota does not combine both parents' incomes. Section 75-02-04.1-10 states: "The amount of child support payable by the obligor is determined by the application of the following schedule to the obligor's monthly net income and the number of children for whom support is being sought in the matter before the court." The schedule lists dollar amounts, not percentages, in $100 steps.

The guidelines assume that one parent is the primary caregiver and the other pays support (75-02-04.1-02(1)), except in equal residential responsibility cases.

Net income: hypothetical taxes, not take-home pay

Under 75-02-04.1-01(6), "Net income" means total gross annual income less:

• a hypothetical federal income tax, figured with the standard deduction for a single filer and the tax tables for a single individual;
• a hypothetical state income tax equal to 11 percent of that federal figure;
• a hypothetical FICA obligation;
• the portion of health insurance premiums that covers the child;
• payments on the child's actual medical expenses;
• required union dues and license fees, required retirement contributions, and documented unreimbursed employee expenses within set limits.

Because the taxes are hypothetical, the net income used for support can differ from a paycheck. Annual income is divided by 12, and the monthly net income is rounded: "an obligor's monthly net income amount ending in fifty dollars or more must be rounded up to the nearest one hundred dollars, and must otherwise be rounded down" (75-02-04.1-02(5)).

Means-tested public assistance, such as TANF, SSI and SNAP benefits, is not counted as gross income (75-02-04.1-01(4)(a)). Social security benefits and veterans' benefits are counted. Children's benefits paid to or for a child who does not live with the paying parent are credited toward that parent's support for the month they cover (75-02-04.1-02(10)).

Schedule amounts at the low and high ends

The schedule in 75-02-04.1-10 was last amended effective January 1, 2019. Selected rows:

The former minimum support level section, 75-02-04.1-04, was "Repealed effective January 1, 2018." Above $25,000 the schedule stays flat, but a court may deviate upward based on "demonstrated needs of the child" (75-02-04.1-09(2)(b)).

For an estimate with your own figures, use our North Dakota child support calculator; the court or agency sets the actual amount.

Imputed income for a parent who is not working

A paying parent is presumed underemployed if gross earnings are less than the greater of 167 times the federal hourly minimum wage per month, or six-tenths of the statewide average earnings for people with similar work history and occupational qualifications (75-02-04.1-07(2)). Income can then be imputed based on earning capacity.

Income is not imputed while the paying parent is incarcerated under a sentence of 180 days or longer, or for 180 days after release from such a sentence (75-02-04.1-07(4)).

Deviation from the schedule

The schedule amount is presumed correct. Under 75-02-04.1-09(2), the presumption is rebutted "only if a preponderance of the evidence establishes that a deviation from the guidelines is in the best interest of the supported children" and one of the listed factors applies. Factors include:

• support sought for more than six children;
• a paying parent with monthly net income over $25,000, based on the child's demonstrated needs;
• private school costs incurred with the paying parent's prior written agreement;
• children with disabling conditions or chronic illness;
• children age 12 and older;
• child care the receiving parent buys for work, job search, education or training;
• the paying parent's travel costs for parenting time, when that parent covers all of them;
• certain high health care costs of the paying parent; and
• a receiving parent whose net income is at least three times higher than the paying parent's.

A deviation cannot rest on the paying parent's ordinary subsistence needs, work expenses or daily living expenses (75-02-04.1-09(1)). Support for children in more than one family is figured under a separate multiple-family calculation in 75-02-04.1-06.1.

Parenting Time and Child Support in North Dakota (75-02-04.1-08.1, -08.2)

Extended parenting time. Under 75-02-04.1-08.1, "extended parenting time" means parenting time "scheduled by court order to exceed an annual total of one hundred overnights." When it applies, the schedule amount is divided by the number of children, and for each child the share is multiplied by (365 minus that child's overnights times .32), divided by 365. The order must state the number of overnights.

For example, at 120 overnights: 120 x .32 = 38.4; 365 - 38.4 = 326.6; and 326.6 / 365 is about 0.895, so that child's share of support drops by about 10.5 percent.

Equal residential responsibility. When a court orders equal residential responsibility, the extended parenting time adjustment is not allowed. Instead, under 75-02-04.1-08.2, an obligation is calculated for each parent as if the other parent had primary residential responsibility, "The lesser obligation is then subtracted from the greater," and the difference is paid by the parent with the greater obligation. The court may also divide specific costs such as child care and school activity fees between the parents (75-02-04.1-02(1)).

How residential responsibility and parenting time are decided is covered on our North Dakota child custody laws page.

How Long Child Support Lasts in North Dakota (N.D.C.C. 14-09-08.2)

A person under 18 is a minor (N.D.C.C. 14-10-01), and support generally ends at 18.

High school extension. Under 14-09-08.2(1), an order for support until majority "continues as to the child until the end of the month during which the child is graduated from high school or attains the age of nineteen years, whichever occurs first," if:

• the child "is enrolled and attending high school and is eighteen years of age before the date the child is expected to be graduated"; and
• the child "resides with the person to whom the duty of support is owed."

The parent owed support may file a declaration with the child support agency stating that these conditions are met, the child's school and the expected graduation date; no fee may be charged, and support then resumes. The paying parent may ask the court to decide whether the child is still enrolled and living with the other parent. The duty "terminates by operation of law" if the parent owed support files a declaration confirming the conditions are no longer met.

A child counts as in school over summer vacation if the child did not graduate at the end of the term before it. A child is not considered graduated until the school's graduation ceremony, but for good cause the court may treat the child as graduated when coursework is finished if the ceremony is more than 90 days later.

After 18 by agreement or court decision. Section 14-09-08.2(6) "does not preclude the entry of an order for child support which continues after the child reaches age eighteen, if the parties agree, or if the court determines the support to be appropriate." Support for an adult child with a disability or for college costs can be ordered this way, and no North Dakota statute requires parents to pay for college.

Separately, N.D.C.C. 14-09-10(1) provides that "Each parent and every adult child of an adult who is unable to support oneself shall maintain that adult to the extent of the ability of each," although the same section limits when a creditor can recover under that duty. A parent of an adult child with a disability should ask a family lawyer how these provisions apply to their case.

Emancipation of a minor before 18 is covered on our North Dakota emancipation laws page.

Changing a Child Support Order in North Dakota (N.D.C.C. 14-09-08.4)

The one-year rule. Under N.D.C.C. 14-09-08.4, if the order "was entered at least one year before the filing of a motion or petition for amendment, the court shall order the amendment of the child support obligation to conform the amount of child support payment to that required under the child support guidelines," "whether or not a material change of circumstances has taken place, unless the presumption that the correct amount of child support would result from the application of the child support guidelines is rebutted." If the motion is filed within one year of the order, the party asking must also show a material change of circumstances.

Agency reviews. The child support agency reviews orders it enforces at least every 36 months. In a case where support is not assigned to the state, that review happens only if a parent requests it. If a review finds the order is less than 85 percent or more than 115 percent of the guideline amount, "the child support agency shall seek an amendment of the order."

The agency's review and adjustment page says that in a full-services case either parent can ask for a review every 18 months, counted from when the order was entered, last reviewed or last changed. A request is denied if 12 months or less remain on the order or a court action to set or change primary residential responsibility is already under way.

Retroactivity. Under N.D.C.C. 14-08.1-05, each support installment becomes a judgment when it is due and unpaid, and it is "Not subject to retroactive modification." A parent whose income drops should consider filing promptly, because support keeps coming due at the current amount until it is changed.

Incarceration. Under N.D.C.C. 14-09-09.38, a monthly obligation in effect after December 31, 2017 "expires by operation of law upon incarceration of the obligor under a sentence of one hundred eighty days or longer, excluding credit for time served before sentencing." Probation and work release do not count. An obligation may still be set during such a sentence if it is based on the parent's actual income and the moving party shows that income exceeds the guideline minimum. Past-due support stays owed, and if the case is still open when the parent is released, the agency re-establishes support without a new application.

Enforcement and Penalties for Unpaid Support in North Dakota

Judgments and contempt. Each unpaid installment is "A judgment by operation of law" (14-08.1-05). Failing to comply with a support order "constitutes contempt of court," and all remedies for enforcing judgments apply.

No limitation period under chapter 28-01. Under 14-08.1-05, "The due and unpaid payments and any judgment entered in the judgment docket pursuant to this section are not subject to the statutes of limitation provided in chapter 28-01." Such judgments may not be canceled under section 28-20-35, and the lien and execution periods are not subject to the time limits in chapters 28-20 and 28-21.

Interest. The agency's interest page states: "Interest is charged on past-due support when the support was ordered by a North Dakota court. The 2026 interest rate is 10%." It is simple interest on the past-due principal, and "Interest accrual may be suspended by entering into a payment plan with Child Support." The rate is reset each year under N.D.C.C. 28-20-34.

License suspension (agency). Under N.D.C.C. 50-09-08.6, the agency may withhold, restrict or suspend occupational, professional, recreational, driver's and vehicle licenses and registrations of a parent listed on the arrears registry or not keeping a payment plan made with the agency. A parent is placed on the registry when past-due support is greater than two times the monthly obligation or $2,000, "whichever is less" (50-09-02.7).

Before acting, the agency mails a notice giving the parent 30 days to pay the arrears in full or negotiate a payment plan. The parent may contest by asking in writing for a court hearing within 10 days of the notice. On request for good cause, a restricted driver's license limited to normal working hours may be issued.

License suspension (court). In a contempt proceeding, a court can also withhold or suspend occupational, professional and recreational licenses, and restrict or suspend a driver's license, when arrears exceed three times the monthly obligation and the parent is not current on a court-set repayment plan (N.D.C.C. 14-08.1-06, 14-08.1-07).

Federal tools. Under federal law, the State Department refuses a passport to a parent who owes more than $2,500 in child support arrears.

Criminal nonsupport. Under N.D.C.C. 12.1-37-01, a person who "willfully fails to pay child support in an amount ordered by a court or other governmental agency" commits:

• a class C felony if the unpaid amount is greater than the greater of $2,000 or six times the monthly obligation (up to five years in prison, a $10,000 fine, or both);
• a class A misdemeanor if it is greater than the greater of $1,000 or three times the monthly obligation, but below the felony amount (up to 360 days in jail, a $3,000 fine, or both);
• a class B misdemeanor below that amount (up to 30 days in jail, a $1,500 fine, or both).

The maximum penalties come from N.D.C.C. 12.1-32-01. It is an affirmative defense that a disability effectively kept the parent from any gainful work while the support accrued, if the parent had no other means to pay. A parent may be prosecuted; a missed payment does not by itself mean a criminal case.

Paternity in North Dakota

Before support can be ordered for a child of unmarried parents, parentage must be established. Parents can sign a voluntary acknowledgment of paternity under N.D.C.C. 14-20-11, which is "equivalent to an adjudication of paternity" (14-20-15). Under 14-20-17, a signer can rescind it only before the earlier of 60 days after it takes effect or the date of the first court hearing in a proceeding about the child, "including a proceeding that establishes support."

Getting Help With Child Support in North Dakota

• North Dakota Health and Human Services, Child Support Division: the state child support agency (website). Its guidelines page links the current rules and calculator.
• District court: support orders are set and changed in North Dakota district court.
• Legal aid: North Dakota's legal aid programs help eligible low-income parents with family law matters.
• Lawyer referral: the state bar association's lawyer referral service can connect you with a family lawyer.

Spousal support is a separate obligation, covered on our North Dakota alimony laws page, and the divorce process is on our North Dakota divorce laws page.

North Dakota Child Support Outlook: 2025 Law and the Next Guideline Review

• SB 2080 (2025). Signed by the governor on March 14, 2025. Its changes include: the high school extension now runs on a declaration filed with the child support agency, and the receiving parent can end it by declaration; the graduation-timing rule described above; termination of parental rights now ends the monthly support obligation, without relieving a parent of unpaid support (N.D.C.C. 14-09-08.21); more time for a hearing on a protest of a National Medical Support Notice; interest no longer stops accruing during a protest period for certain collections; and repeal of section 50-09-32, which provided for public disclosure of parents owing more than $10,000.
• Next guideline review. N.D.C.C. 14-09-09.7(5) requires the department to commence a rulemaking proceeding on the guidelines "at least once every four years." The last cycle was the 2022 quadrennial review, which led to the rules effective July 1, 2023. As of November 7, 2026, the department's guidelines pages listed only that review, and we found no notice of proposed rules for a new one. Any new schedule would need a new rule.
• Federal. A federal rule taking effect November 30, 2026 removes obsolete and duplicative child support regulations; it does not change how support is calculated or enforced. The federal office that oversees state programs is the Office of Child Support Enforcement (OCSE), which was called the Office of Child Support Services from 2023 to 2025.

More North Dakota Laws

• North Dakota Alimony Laws
• North Dakota Child Custody Laws
• North Dakota Divorce Laws

Frequently Asked Questions

How is child support calculated in North Dakota?

The paying parent's monthly net income, rounded to the nearest $100, is looked up on the schedule in N.D. Admin. Code 75-02-04.1-10 for the number of children. The receiving parent's income is not part of that base amount. Adjustments can follow for extended parenting time, equal residential responsibility or a deviation factor.

Does North Dakota use gross or net income for child support?

Net income, figured with hypothetical taxes: gross income minus a federal income tax for a single filer with the standard deduction, a state tax equal to 11 percent of that federal figure, FICA, the child's share of health insurance premiums and other listed deductions.

Does the other parent's income count in North Dakota?

Not in the base amount, which uses only the paying parent's net income. The receiving parent's income matters as a deviation ground when it is at least three times the paying parent's net income, and in equal residential responsibility cases, where each parent's obligation is calculated.

What is the minimum child support in North Dakota?

There is no minimum amount; the minimum support level section was repealed effective January 1, 2018. A paying parent with monthly net income of $800 or less owes $0 under the schedule, though income can be imputed to a parent who is underemployed.

What is the maximum child support in North Dakota?

The schedule stops rising at $25,000 or more of monthly net income: $3,500 for one child, $4,250 for two, $5,000 for three, $5,500 for four, $6,000 for five and $6,500 for six or more. A court may order more for a parent above $25,000 based on the child's demonstrated needs.

How does 50/50 custody affect child support in North Dakota?

With court-ordered equal residential responsibility, an obligation is calculated for each parent as if the other had primary residential responsibility, and the smaller one is subtracted from the larger; the parent with the larger obligation pays the difference. The extended parenting time adjustment does not apply in those cases.

Does more parenting time lower child support in North Dakota?

Yes, when a court order schedules more than 100 overnights a year with the paying parent. Each child's share of support is multiplied by (365 minus overnights times .32) divided by 365. The order must state the number of overnights.

At what age does child support end in North Dakota?

Generally at 18. Support continues to the end of the month the child graduates from high school or turns 19, whichever comes first, if the child is enrolled and attending high school, turned 18 before the expected graduation date, and lives with the parent owed support. A court may order support after 18 if the parents agree or the court finds it appropriate.

Do North Dakota parents have to pay for college?

No statute requires it. Support after 18 can be ordered if the parents agree or the court determines it is appropriate under N.D.C.C. 14-09-08.2(6).

How often can child support be modified in North Dakota?

If the order is at least one year old, the court must update it to the guideline amount on a motion without proof of changed circumstances, unless the presumption is rebutted; within one year, a material change must be shown. In a full-services agency case either parent can ask for a review every 18 months.

Can past-due child support be reduced in North Dakota?

No. Each installment becomes a judgment when it is due and unpaid and is not subject to retroactive modification, so a parent should file to change the order as soon as circumstances change.

Does child support stop when a parent goes to prison in North Dakota?

The monthly obligation expires by operation of law when the paying parent is incarcerated under a sentence of 180 days or longer, not counting credit for time served before sentencing, unless an order is set based on proof of actual income above the guideline minimum. Past-due support is still owed, and the agency re-establishes support after release if the case is open.

Is there interest on unpaid child support in North Dakota?

Yes, for support ordered by a North Dakota court. The agency charges simple interest on the past-due principal at 10 percent for 2026, and accrual may be suspended by entering a payment plan with the agency.

Is there a time limit to collect back child support in North Dakota?

Unpaid support payments and judgments for them are not subject to the statutes of limitation in N.D.C.C. chapter 28-01, may not be canceled under 28-20-35, and their lien and execution periods are not subject to the time limits in chapters 28-20 and 28-21.

Can you go to jail for not paying child support in North Dakota?

Yes. Willful failure to pay court-ordered support is a class C felony, up to five years in prison, a $10,000 fine, or both, when the unpaid amount is more than the greater of $2,000 or six months of support. Smaller amounts are a class A or class B misdemeanor. A court can also hold a parent in contempt.

Can my license be suspended for unpaid child support in North Dakota?

Yes. The agency can suspend driver's, occupational and recreational licenses of a parent whose past-due support exceeds the lesser of two months of support or $2,000, after a notice giving 30 days to pay in full or set up a payment plan and 10 days to request a court hearing. In a contempt proceeding, a court can also suspend licenses when arrears exceed three months of support and the parent is not current on a court-set repayment plan.