North Dakota Child Support Guidelines

By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed April 16, 2025

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North Dakota requires noncustodial parents to pay child support to the custodial parent when a couple gets divorced or doesn't live together. The noncustodial parent who pays support is the "obligor." The custodial parent getting support is the "obligee."

The North Dakota Department of Human Services oversees the current child support guidelines. These guidelines calculate the amount of support an obligor must pay. The state bases these guidelines on income, number of children, and specific expenses.

If you have a child support dispute, hire a family law attorney.

How Is Child Support Calculated?

Child support calculations can get quite complicated. It depends on each family's needs, income, and other factors. Key considerations include the number of children needing support, child care expenses, medical expenses, custody arrangement, and the amount of time each parent spends with the children. The court typically begins with a guideline amount. It bases this amount on the net income of the obligor and the state's child support formula.

But the court may deviate from the guideline amount to ensure it orders the correct amount. Deviations can include sudden altered income, disability, job loss, or unexpected medical expenses. When something like this happens, a parent may petition the court to adjust the amount of child support to reflect the situation.

North Dakota Child Support Guidelines: The Basics

North Dakota's Administrative Code outlines how courts calculate an obligor's child support obligation. This is based on a percentage of the obligor's income. This language can be complicated for a non-attorney to understand. That's why we've provided the following "plain English" summary of these guidelines below.

Code

North Dakota Administrative Code: Chapter 75-02-04.1
Calculation of obligor's net income

First, determine the obligor's gross income:

  • This is income from all sources, including salary, bonuses, commissions, pensions, severance pay, royalties, dividends, etc.
  • An unemployed obligor's gross income may include unemployment insurance, veteran's benefits, Social Security payments, etc.
  • Obligors who are voluntarily unemployed or underemployed may have to pay support based on "imputed income" as determined by the court.

Net income is gross income minus the following:

  • Taxes
  • The child's health care premiums
  • More costs for medical care that's not covered by insurance
  • Union dues
  • Retirement contributions

Note: These are the main categories; other types of income and expenses may be exempt from gross income.
Determination of support amount

General instructions for determining the amount of support:

  1. Calculations assume that one parent is the primary caregiver and the other (noncustodial) parent contributes payment for the child's care.
  2. Calculations assume that time spent with the noncustodial parent (obligor) doesn't substitute a child support obligation.
  3. The court must consider the net income of the obligor from all sources when calculating the support amount.
  4. Amounts greater than 50 cents round up to the nearest dollar; amounts less than 50 cents round down.
  5. The obligor's monthly net income amount ending in $50 or more must round up to the nearest $100 increment — amounts less than $50 round down.
  6. To determine monthly net income, divide the annual total of all income considered by 12.
  7. Income must be documented through tax returns, wage statements, etc.
  8. Calculations are generally based on recent past circumstances as an indicator of future circumstances. The court will consider circumstances that are likely to change.
  9. Determining child support is appropriate in any situation where the child and both parents don't live together.
  10. The judge must include a statement of the obligor's net income in the child support order and how they determined that income. Any order, including a change for extended parenting time, must specify the number of parenting overnights.
  11. Payment of children's benefits made to (or on behalf of) a child who isn't living with the obligor counts as a payment toward the obligor's support obligation.
  12. Any amount deducted must be included in gross income.
Valid reasons for deviating from support guidelines

To deviate from North Dakota's child support guidelines (higher or lower), a parent must prove through a preponderance of the evidence that it is in the child's best interests and one or more of the following:

  • The obligee is seeking support for more than six children.
  • The non-custodial parent's monthly income exceeds $25,000.
  • Increased need for educational costs (i.e., private schooling) with the written consent of obligor.
  • Increased needs of a child with a chronic illness or disabling condition.
  • Increased needs of children for the cost of child care (if for valid reasons, such as employment).
  • The ability of the obligor to pay support may increase or decrease. If it decreases, it must be for reasons generally out of their control, such as a layoff.
Child support forms and worksheets

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

North Dakota Child Support Guidelines: Related Resources

A Lawyer Can Help You Navigate North Dakota's Child Support Guidelines

State guidelines determine child support payments in part. These guidelines establish amounts based on parents' income and other factors. An attorney can help you get what your child deserves, whether you need to establish paternity or find hidden sources of income. Get started by contacting an experienced North Dakota family law attorney today.

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