North Dakota Child Support Laws

Table of Contents

• How to Apply for Child Support in North Dakota
• Establishing Paternity in North Dakota
• How Is Child Support Calculated in North Dakota?
• Current Guidelines (July 2023)
• How to Modify Child Support in North Dakota
• What Happens If You Do Not Pay Child Support?
• When Does Child Support End in North Dakota?
• Emancipation in North Dakota
• Frequently Asked Questions

How to Apply for Child Support in North Dakota

The North Dakota Health and Human Services (HHS) Child Support Division provides comprehensive child support services including application processing, paternity establishment, support order enforcement, review and adjustment of orders, and interstate services.

There are three ways to apply for services:

1. Apply online
2. Download, complete, and return the application
3. Contact the Child Support Division at (701) 328-5440 or toll-free at (800) 231-4255, or email [email protected]

What to remember:

• 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 be processed
• The Child Support Division provides inter-jurisdictional services across state borders

Establishing Paternity in North Dakota

Paternity can be established in North Dakota through:

• Voluntary Acknowledgment: Both parents sign a form acknowledging paternity
• Genetic Testing: Court-ordered or voluntary DNA testing
• Court Adjudication: A judge determines paternity through legal proceedings
• Presumed Paternity: If a child is born during marriage or within 300 days after divorce, separation, or termination, the husband is presumed to be the father

How Is Child Support Calculated in North Dakota?

North Dakota uses a percentage of income model, governed by N.D. Admin. Code Chapter 75-02-04.1. The guidelines consider:

• The number of children requiring support
• The obligor’s net income
• Medical insurance costs
• Child care expenses
• Other relevant factors specified in the guidelines

Calculation Tools

• Official Child Support Calculator (updated January 1, 2026)
• North Dakota Child Support Guidelines Worksheet
• Schedule for Multiple Families
• Schedule for Self-Employment

Key calculation rules:

• The court primarily considers the obligor’s income
• The obligee’s income is only considered if it is three times the obligor’s income
• For shared or equal custody, the court calculates support for both parties and offsets so the higher-earning parent pays more
• The court can compel either or both parents to provide support
• Priority is always the best interests of the child

Current Guidelines (July 2023)

The North Dakota Child Support Guidelines (N.D. Admin. Code Chapter 75-02-04.1) were updated effective July 1, 2023. Key features include:

• Guidelines schedule with updated percentages
• Provisions for multiple families
• Self-employment income calculation methods
• Foster care considerations under N.D. Admin. Code 75-02-04.1-11
• Low-income provisions to protect obligors with minimal income

The calculator is updated periodically to reflect changes in the guidelines and tax-related amounts. The most recent update was January 1, 2026.

How to Modify Child Support in North Dakota

North Dakota reviews child support cases every 18 months. Parents can also petition for modification when circumstances change.

Grounds for modification:

• A substantial increase or decrease in the paying parent’s income
• Elimination, increase, decrease, or addition of work-related child care expenses
• A child reaching age 18
• Change in health insurance coverage or costs
• Other significant changes in circumstances

To petition for modification:

• Download and complete the relevant modification forms
• Contact the Child Support Division
• Find a clerk of court in your area

What to remember:

• You can modify through an attorney or represent yourself
• If representing yourself, you must understand the North Dakota Rules of Civil Procedure, ND Rules of Court, North Dakota Rules of Evidence, and local court rules
• The court may consider a stepparent’s income if the child is “received into the stepparent’s family”
• You must show a change in financial circumstances to win modification

What Happens If You Do Not Pay Child Support?

North Dakota law (N.D.C.C. 35-34-01.1) requires the state to maintain a child support lien registry listing obligors who owe past-due support. If listed, any real or titled property you own in North Dakota (except your homestead) is subject to a lien.

Enforcement Tools

• Income Withholding: The court or agency may order employers to garnish wages, salaries, bonuses, unemployment benefits, and veterans’ disability payments
• Credit Bureau Reporting: Unpaid support is reported to credit bureaus, affecting credit scores and financial standing
• Tax Refund Intercept: State, local, and federal tax returns may be seized
• License Revocation: Driver’s, recreational, and business licenses may be suspended or revoked
• Bank Account Levies: The agency may access bank accounts and financial assets
• Passport Denial: If arrears exceed $2,500, passport applications may be denied
• Property Liens: Liens may be placed on real estate and personal property
• Attorney Fee Reimbursement: The court may order the delinquent parent to pay the custodial parent’s legal fees

Contempt of Court

If a parent deliberately fails to honor court orders, the receiving parent can petition the court for contempt. To begin proceedings, the custodial parent must file a “motion for an order to show cause.”

Consequences of contempt may include:

• Fines
• Jail time
• Both fines and incarceration

Not all cases require going to court. Parents can sometimes resolve non-support through negotiation or mediation.

Criminal Non-Support

The maximum penalty for criminal non-support in North Dakota is a $5,000 fine or five years imprisonment. Delinquent parents who flee to other states may be prosecuted under the federal Deadbeat Parents Punishment Act of 1998.

Important: The court imputes parental income if the parent is voluntarily unemployed or underemployed.

When Does Child Support End in North Dakota?

According to the Child Support Division, support ends when the youngest child reaches the age of majority. In practice, this means:

• Support generally terminates on the child’s 18th birthday
• If the child is still in high school at 18, support may continue until age 19 or graduation, whichever comes first
• If parents agreed to cover college or university expenses, support continues per the agreement
• Support may continue indefinitely if the child is mentally or physically disabled

What to remember:

• When one child turns 18, parents should petition the court for a reduction in support
• Parents can make university or college support agreements outside of court

Emancipation in North Dakota

North Dakota does not have a specific statutory provision for the emancipation of minors. This means there is no formal process for a minor to petition for emancipation in the state.

Emancipation may occur through:

• Marriage
• Military service
• Reaching the age of majority (18)

Frequently Asked Questions

How is child support calculated in North Dakota?

North Dakota uses a percentage of income model. The calculation is based primarily on the obligor’s net income, the number of children, and various adjustments for child care and health insurance costs. Use the official calculator for an estimate.

Can I modify child support if I lose my job?

Yes, involuntary job loss is a substantial change in circumstances that may justify modification. You will need proof of income, expenses, and the circumstances of your job loss. File for modification as soon as possible to avoid accumulating arrears.

Is the other parent’s income considered in North Dakota?

The obligee’s income is only considered if it is at least three times the obligor’s income. Otherwise, the calculation is based primarily on the obligor’s net income.

Does the Child Support Division provide legal advice?

No. The Division does not provide legal assistance or help you complete forms. If you represent yourself, you must understand the relevant laws and court procedures. Consider consulting with a family law attorney.

Can a 16-year-old get emancipated in North Dakota?

North Dakota does not have a formal emancipation statute. Minors cannot petition for emancipation in the state. Emancipation only occurs through marriage, military service, or reaching age 18.

Related North Dakota Laws

• North Dakota Recording Laws
• North Dakota Car Seat Laws
• North Dakota Hit and Run Laws
• North Dakota Lemon Law
• North Dakota Sexting Laws
• North Dakota Statute of Limitations
• North Dakota Whistleblower Laws