North Dakota Child Support Guidelines

North Dakota calculates child support using the income shares model under NDCC 14-09-09.7 and the North Dakota Child Support Guidelines. Both parents’ incomes are considered to determine a total child support obligation, which is then divided between the parents based on their proportional share of the combined income. Understanding how the guidelines work helps you anticipate what you will owe or receive and identify areas where adjustments or deviations may apply.

For a national overview of how child support works, see our guide on how child support is calculated.

The Income Shares Model

North Dakota’s income shares model is based on the principle that children should receive the same proportion of parental income they would have received if the parents lived together. The model follows these steps:

1. Determine each parent’s net income
2. Combine both parents’ net incomes
3. Look up the child support obligation on the guidelines schedule based on combined net income and number of children
4. Divide the obligation between the parents based on each parent’s percentage of the combined net income
5. Add adjustments for health insurance, childcare, and other qualifying expenses
6. Apply deviations if the presumptive amount would be unjust or inappropriate

The final number is the presumptive child support amount. The court applies this amount unless specific findings justify a deviation.

Net Income Calculation

The foundation of North Dakota’s child support calculation is each parent’s net income. The guidelines define net income as gross income minus certain allowable deductions.

Gross income includes:

• Salary, wages, and commissions
• Self-employment income (gross receipts minus ordinary and necessary business expenses)
• Bonuses, overtime, and tips
• Severance pay
• Interest and dividend income
• Trust and annuity income
• Social Security benefits (except SSI)
• Workers’ compensation and disability benefits
• Unemployment insurance benefits
• Pension and retirement income
• Alimony or spousal support received
• Rental income
• Any other income from any source

Allowable deductions from gross income include:

• Federal and state income taxes (based on the appropriate filing status)
• Social Security and Medicare taxes (FICA)
• Mandatory retirement contributions
• Union dues required as a condition of employment
• Health insurance premiums for the parent only (the child’s portion is handled separately)
• Actual payments on preexisting child support obligations for other children

After subtracting these deductions from gross income, the result is each parent’s net monthly income.

Imputed Income

If a parent is voluntarily unemployed or underemployed, the court may impute income — assigning an earning capacity based on what the parent could reasonably earn. Under the North Dakota guidelines, the court considers:

• The parent’s recent work history and employment record
• Education, training, and occupational qualifications
• Available job opportunities in the local labor market
• The parent’s physical and mental capacity to work
• Whether the parent is caring for a very young child

A parent who has no income or is not working to full capacity without good reason will not be allowed to reduce their child support obligation simply by choosing not to work.

The Guidelines Schedule

North Dakota’s child support guidelines include a schedule that sets the presumptive child support obligation based on the parents’ combined net income and the number of children. The schedule covers a range of income levels and provides specific dollar amounts for one through six or more children.

For example (approximate figures for illustration):

For combined incomes that exceed the schedule’s maximum, the court has discretion to set support based on the children’s needs and the parents’ ability to pay. For combined incomes below the schedule’s minimum, the court sets a minimum obligation to ensure the children’s basic needs are met.

Each parent’s share of the total obligation is calculated based on their percentage of the combined net income. For example, if Parent A earns 65% of the combined income and Parent B earns 35%, Parent A is responsible for 65% of the guideline amount.

Healthcare and Childcare

In addition to the base child support amount, North Dakota law requires certain expenses to be allocated between the parents:

Health Insurance Premiums

The cost of adding the child to a parent’s health insurance plan is factored into the calculation. The parent who carries the insurance receives a credit for the child’s portion of the premium. If neither parent has access to employer-provided coverage at a reasonable cost, the court determines how health insurance will be obtained and paid for.

Unreimbursed Medical Expenses

Medical, dental, orthodontic, vision, and prescription costs not covered by insurance are typically divided between the parents in proportion to their respective income shares. North Dakota courts often order parents to split these costs based on their pro rata share of the combined net income.

Work-Related Childcare Costs

Reasonable and necessary childcare expenses incurred so that a parent can work, seek employment, or attend school are added to the child support calculation and divided proportionally. These costs must be actual, documented expenses — not estimated or projected amounts.

Multi-Family Adjustment

When a parent has child support obligations for children from more than one family, North Dakota’s guidelines provide a multi-family adjustment. This prevents a parent from being overburdened by multiple support obligations while ensuring each child receives adequate support.

The adjustment works by accounting for the parent’s preexisting support obligations when calculating the new obligation. The court deducts amounts paid under prior child support orders from the parent’s income before running the guidelines calculation for the current case. This results in a lower combined income figure and, consequently, a somewhat lower obligation in the current case.

The multi-family adjustment recognizes the practical reality that a parent with limited income cannot fully support multiple households at the same level as if only one set of children existed.

Deviation Criteria

The amount produced by the guidelines schedule is the presumptive child support obligation. However, the court may deviate from this amount — either upward or downward — if it finds that applying the guidelines would be unjust or inappropriate. Under the North Dakota guidelines, the court must consider specific criteria when evaluating a deviation request:

• The needs of the child — including special educational, medical, or developmental needs
• The standard of living the child would have enjoyed had the family remained intact
• The financial resources of each parent — including assets, earning capacity, and overall financial condition
• The physical and emotional condition of the child — including any special needs
• The child’s educational needs — including private school or tutoring costs
• Extended parenting time — if the non-custodial parent exercises significantly more parenting time than a standard schedule, the duplicated costs may justify a reduction
• Tax consequences — the impact of the dependency exemption and child tax credits
• Transportation costs — if the parents live a significant distance apart and one parent bears substantial travel costs for parenting time
• Other relevant factors — any other circumstance that the court finds makes the guideline amount unjust

Any deviation must be supported by written findings of fact explaining why the presumptive amount is inappropriate and how the deviation serves the child’s best interest.

Modification of Child Support

Either parent may request a modification of child support when there has been a material change in circumstances. Under North Dakota’s guidelines, a change is generally considered material when it would result in a change of 10% or more in the child support obligation if the guidelines were applied to the current circumstances.

Common reasons for modification include:

• A significant increase or decrease in either parent’s income — such as a job loss, promotion, or career change
• A change in the custody or parenting time arrangement — such as a shift from sole custody to shared parenting
• A change in the child’s needs — including new medical conditions, educational requirements, or extracurricular expenses
• A change in the number of children the parent supports — such as the birth of a new child or another child reaching the age of majority
• Changes in health insurance or childcare costs

To modify child support, the requesting parent files a motion with the court that issued the original order. The court reviews the current financial circumstances of both parents and applies the guidelines to determine whether the existing order should be adjusted.

How Child Support Ends

In North Dakota, child support generally continues until the child turns 18 years old. However, if the child is still enrolled in high school at age 18, support continues until the child graduates from high school or turns 19, whichever comes first. Child support may also end if the child marries, is emancipated, or enters active military service.

A parent should not simply stop paying child support when they believe the obligation has ended. The proper procedure is to file a motion with the court to terminate the support order. Continuing to pay until the court officially ends the obligation protects the parent from being found in contempt.

What to Do Next

If you are involved in a child support matter in North Dakota, take these steps:

1. Gather income documentation. Collect recent pay stubs, tax returns, bank statements, and records of all income sources for both yourself and the other parent.
2. Document expenses. Maintain records of health insurance premiums, childcare costs, and unreimbursed medical expenses for the children.
3. Understand the guidelines. Use the North Dakota Child Support Guidelines schedule to estimate the presumptive obligation based on both parents’ net incomes.
4. Identify deviation arguments. If the guideline amount does not reflect your family’s circumstances, gather evidence to support a deviation request.
5. Consult a family law attorney. Child support calculations involve multiple variables, and the stakes are significant. Schedule a free consultation to ensure your child support is calculated correctly under North Dakota law.

For more on child support enforcement and modification, see our guides on child support enforcement and how to modify child support.

Frequently Asked Questions

How is child support calculated in North Dakota?

North Dakota uses the income shares model, which combines both parents’ net incomes and looks up the child support obligation on a guidelines schedule based on the number of children. Each parent’s share is determined by their percentage of the combined income. Adjustments for health insurance, childcare, and other expenses are added to the base amount.

Can the court deviate from the guideline amount?

Yes. The court can deviate upward or downward if it finds that the guideline amount would be unjust or inappropriate. Deviation factors include the child’s special needs, extended parenting time, transportation costs, and each parent’s financial resources. Any deviation must be supported by written findings.

What qualifies as a material change for modification?

A material change in circumstances is typically one that would result in a 10% or more change in the support obligation. Common examples include significant income changes, changes in custody arrangements, changes in the child’s needs, or changes in health insurance or childcare costs.

How does North Dakota handle child support for self-employed parents?

For self-employed parents, the court examines gross business receipts minus ordinary and necessary business expenses to determine income. Courts scrutinize self-employment income carefully and may impute income if a parent appears to be underreporting earnings or taking excessive business deductions to reduce their child support obligation.

When does child support end in North Dakota?

Child support generally ends when the child turns 18, or when the child graduates from high school or turns 19 — whichever comes first — if the child is still in high school at age 18. Support may also end upon the child’s marriage, emancipation, or entry into active military service.