Child Support Laws in North Dakota

North Dakota uses the Percentage of Income model to calculate child support, which means child support is calculated as a flat percentage of the non-custodial parent's income.

How North Dakota Calculates Child Support

Under the Percentage of Income model, child support is calculated as a percentage of the non-custodial parent's income (gross or net, depending on the state). The custodial parent's income is generally not considered. Typical percentages are around 20% for one child, 25% for two children, 30% for three, and so on. This means every dollar of hidden income directly reduces child support.

The North Dakota child support guidelines provide specific tables and formulas that courts use to determine the appropriate amount. Judges can deviate from these guidelines in special circumstances, but the calculated amount is the presumptive starting point.

For the official guidelines, visit the North Dakota child support guidelines.

What Counts as Income in North Dakota

Income for child support typically includes wages, salary, bonuses, commissions, self-employment income, rental income, investment returns, retirement payments, Social Security benefits, disability payments, and trust distributions.

Importantly, courts in North Dakota can look beyond what appears on a tax return. If a parent is self-employed or owns a business, the court can examine business records, bank statements, and lifestyle evidence to determine true income. Personal expenses paid by a business, unreported cash income, and excessive business deductions can all be added back as income for child support purposes.

Read our complete guide to what counts as income →

How to File a Child Support Modification in North Dakota

In North Dakota, you can request a modification of child support when there has been a material change in circumstances. This typically includes:

To file a modification in North Dakota:

  1. Gather evidence of the changed circumstances
  2. File a Motion to Modify Child Support with your local family court
  3. Include a current financial affidavit
  4. Serve the other parent with the motion
  5. Attend the court hearing and present your evidence

The North Dakota Child Support Division can help with modification requests. Visit their website at North Dakota Child Support Division.

Read our step-by-step modification guide →

North Dakota Resources

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This information is for educational purposes only and is not legal advice. Child support laws in North Dakota may change. Consult a licensed North Dakota attorney for advice specific to your situation.