North Dakota Child Support — Calculator, Laws & Guide (2026)

Understanding North Dakota child support laws helps both custodial and non-custodial parents know their rights and obligations. This comprehensive North Dakota child support guide covers how payments are calculated, what income counts, when support can be modified, and how orders are enforced. Whether you are going through a divorce, seeking a modification, or dealing with non-payment, this guide explains North Dakota’s child support system in plain language.

Verified against North Dakota statutes and federal OCSE guidelines as of April 2026.

North Dakota Child Support Overview

North Dakota uses the income shares model for calculating child support. This model is based on the principle that children should receive the same proportion of parental income they would have received if the family were intact. Both parents’ incomes are combined, and the support obligation is divided proportionally.

Child support is calculated by applying a graduated percentage schedule (NDAC 75-02-04.1-10) to the obligor’s monthly net income. The percentage varies by number of children and decreases at higher income levels. The schedule caps at 25000 per month net income. Maximum obligations at the cap are approximately 3500 for 1 child, 4250 for 2 children, and 5000 for 3 children. A separate formula applies for joint/equal custody situations (more than 100 overnights) under NDAC 75-02-04.1-08.1, where obligations are calculated for both parents and offset. A self-support allowance of approximately 1255 per month (2026) is deducted before calculating the obligation.

How North Dakota Calculates Child Support

The North Dakota child support calculation considers multiple factors:

1. Determine each parent’s gross income — wages, salary, commissions, bonuses, self-employment income, investment income, and other sources.
2. Calculate combined parental income — add both parents’ adjusted gross incomes together.
3. Apply the guideline schedule — North Dakota’s guidelines provide a base support amount based on combined income and number of children.
4. Prorate between parents — each parent’s share is proportional to their percentage of the combined income.
5. Add healthcare and childcare costs — these are added to the base amount and divided proportionally.
6. Apply adjustments — parenting time credits, other child obligations, and special circumstances may adjust the final amount.

Online calculator: Use our child support estimator below to calculate your estimated obligation.

What Counts as Income in North Dakota

Gross income is defined under NDAC 75-02-04.1-01(5) as income from any source in any form, including wages, salaries, commissions, bonuses, self-employment earnings, disability benefits, unemployment insurance, pensions, Social Security (excluding SSI), interest, dividends, rental income, military pay, and severance pay. Means-tested public assistance benefits are excluded. Gross income is then reduced by allowable deductions — including federal and state income taxes, FICA, health insurance premiums for the child, and other mandatory deductions — to arrive at net income, which is the basis for the child support calculation.

Imputed income: YES — North Dakota courts impute income to parents who are voluntarily unemployed or underemployed without legitimate reason. An obligor is presumed underemployed if gross earnings are less than the greater of: (a) a monthly amount equal to 167 times the federal hourly minimum wage, or (b) six-tenths of the statewide average earnings for persons with similar work history and occupational qualifications. Courts assign earning capacity based on education, work history, and local job market conditions. Exceptions exist for parents with permanent disabilities, those receiving disability payments, or those who must remain home to care for a child with unusual emotional or physical needs. There is a baseline presumption that any person can work at least 40 hours per week at minimum wage.

Deviation factors: Under NDAC 75-02-04.1-09, courts may deviate from guideline amounts when application would be unjust or inappropriate. Recognized deviation factors include: (1) extraordinary medical or healthcare expenses of the child or obligor; (2) additional parenting time travel expenses when parents live far apart; (3) the need to maintain two households due to temporary military duty; (4) other continued extraordinary expenses beyond the parent’s control; (5) special needs of the child; (6) the obligor’s reduced ability to pay due to specific hardships. The party requesting deviation bears the burden of proof, and the court must make specific findings on the record. In equal/shared custody situations (more than 100 overnights per year), a separate calculation method under NDAC 75-02-04.1-08.1 applies where both parents’ obligations are calculated and offset.

Healthcare & Childcare in North Dakota Child Support

Health insurance: Health insurance coverage for the child is required as part of the medical support obligation established alongside the child support order. The cost of health insurance premiums for the child is allocated between parents based on their respective incomes, with the obligor’s share typically added to the base child support obligation. Uninsured medical expenses — including copays, deductibles, orthodontia, and prescription medications — are split between parents proportionally based on income. The allocation is governed by NDAC 75-02-04.1-01(6)(d).

Childcare costs: Work-related childcare expenses are added on top of the base child support amount and allocated between parents proportionally based on their respective incomes. Childcare costs are treated as a separate add-on to the base obligation rather than being folded into the percentage schedule.

When Does North Dakota Child Support End?

In North Dakota, child support generally ends when the child reaches Child support ends at age 18. It extends to age 19 if the child is still enrolled in and attending high school, continuing until the end of the calendar month in which the child graduates high school or turns 19, whichever occurs first. The child must reside with the parent to whom support is owed for the high school extension to apply. Support may continue beyond age 19 for adult children who are unable to support themselves due to a disability, as parents have a continuing legal duty to maintain such children (NDCC 14-09-08.2).. However, support may continue or end earlier based on:

• The child graduates from high school (if still a minor)
• The child becomes emancipated (marriage, military service, self-supporting)
• The child has special needs requiring ongoing support
• College support: NO — North Dakota does not require parents to contribute to college or post-secondary education costs. There is no statutory provision compelling divorced parents to fund a child’s college education. However, parents may enter into voluntary agreements to cover college expenses, and once such agreements are approved by the court, they become enforceable court orders.

Modifying North Dakota Child Support

When to modify: A material change in circumstances is required to modify child support, such as a significant change in either parent’s income, change in employment status, changes in the child’s needs, or changes in parenting time. For state-initiated reviews (available every 18 months), the Child Support Division will petition the court for modification only if the recalculated guideline amount differs from the current order by more than 15 percent — meaning the current order must fall outside the 85-115 percent range of the new guidelines calculation. If the order has been in place less than one year, the requesting party must prove a material change of circumstances.

How to modify: Two pathways exist: (1) State-Initiated Review — either parent can request a review of child support through the North Dakota Child Support Division (Department of Health and Human Services) once every 18 months, even without a significant life change. If the review shows the order falls outside the 85-115 percent threshold, the Division petitions the court for modification. (2) Court Petition — a parent can file a motion directly with the court through a private attorney at any time, provided they can demonstrate a material change in circumstances. The court process requires financial disclosures and an evidentiary basis for the proposed new calculation. Self-help forms are available through the North Dakota Court System at ndcourts.gov.

Either parent can request a modification. Changes are typically not retroactive to before the date of filing the modification request.

North Dakota Child Support Enforcement

North Dakota has multiple tools to enforce child support orders when a parent fails to pay:

• Income withholding (wage garnishment through employer orders); federal and state tax refund intercept; credit bureau reporting of past-due amounts; driver’s license suspension; professional and occupational license suspension (including business permits); hunting license suspension; vehicle registration suspension (cars
• trucks
• boats
• airplanes); property and real estate liens; lottery winnings intercept (for amounts of 600 or more); passport denial (federal
• for arrears exceeding 2500); contempt of court proceedings. License suspension is triggered when support is 2 months or 2000 past-due
• whichever is less
• or upon breach of a payment plan. Tax intercept
• credit reporting
• and passport denial are automatic and continue until arrears are paid in full. The Federal Parent Locator Service is used to locate noncompliant parents.

Contact Child Support Division, North Dakota Department of Health and Human Services at https://www.hhs.nd.gov/childsupport for enforcement assistance.

Additional North Dakota rules: (1) Joint custody threshold: a parent with more than 100 overnights per year qualifies for the joint/shared custody formula under NDAC 75-02-04.1-08.1, which calculates obligations for both parents and offsets them — even in equal custody, child support is still owed as an income equalizer. (2) Self-support allowance: approximately 1255 per month (2026) is deducted from the obligor’s income before calculating the obligation. (3) No statute of limitations on arrears collection since April 2, 1999. (4) The guidelines must be reviewed through a rulemaking proceeding at least once every four years to ensure appropriate award amounts. (5) The child support obligation is a rebuttable presumption — meaning the guideline amount is presumed correct but can be challenged with evidence. (6) North Dakota does not have a codified emancipation procedure for minors.

Official Sources & Resources

• Child Support Division, North Dakota Department of Health and Human Services: https://www.hhs.nd.gov/childsupport
• Federal OCSE: acf.hhs.gov/css
• Cornell LII — Child Support: law.cornell.edu
• North Dakota Guidelines Statute: N.D.C.C. Section 14-09-09.7 (statutory authority requiring the Department of Health and Human Services to establish child support guidelines) and N.D. Admin. Code Chapter 75-02-04.1 (detailed child support guidelines including definitions, income calculation, percentage schedule, deviation criteria, and special custody situations)

Last verified April 2026. Contact us if you notice outdated information.

Estimate Your Child Support

Use our free child support estimator to calculate estimated monthly payments. Enter both parents’ incomes, number of children, and custody arrangement to see a personalized breakdown based on your state’s formula.

Related Guides

• North Dakota Divorce Process Guide
• North Dakota Child Custody Guide
• North Dakota Alimony Guide
• All Child Support Guides