North Dakota Child Support Guidelines

Code

North Dakota Administrative Code: Chapter 75-02-04.1

Calculation of Obligor's Net Income

First, the obligor's gross income must be determined:

• 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;
• Additional costs for medical care that's not covered by insurance;
• Union dues; and
• Retirement contributions.

Note: These are the main categories; there may be additional types of income and expenses that are 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. Net income received by obligor from all sources must be considered when calculating support amount.
4. Amounts greater than 50 cents are rounded up to the nearest dollar; amounts less than 50 cents are rounded down.
5. Obligor's monthly net income amount ending in $50 or more must be rounded up to the nearest $100 increment; amounts less than $50 are rounded down.
6. Annual total of all income considered when determining child support amount must be divided by 12 to determine monthly net income.
7. Income must be documented through the use of tax returns, wage statements, and other such statements.
8. Calculations are generally based on recent past circumstances as an indicator of future circumstances (although consideration will be made for circumstances that are likely to change in the future).
9. Determining child support is appropriate in any situation where the child and both parents don't reside together.
10. Each child support order must include a statement of the obligor's net income and how that income is determined; any order including an adjustment for extended parenting time must specify the number of parenting nights.
11. Payment of children's benefits made to (or on behalf of) a child who isn't living with the obligor must be credited as a payment toward the obligor's support obligation.
12. No amount may be deducted to determine net income unless that amount is included in gross income.

Valid Reasons for Deviating From Support Guidelines

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

• Obligee is seeking support for more than 6 children.
• Non-custodial parent's monthly income exceeds $25,000.
• Increased need for educational costs (i.e. private schooling) with 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).
• Increased or decreased ability of obligor to pay support (if decreased, then it must be for reasons generally out of their control, such as a layoff).

Note: See the Child Support Guidelines Worksheet (below) for a complete list.

Child Support Forms and Worksheets

• Financial Affidavit
• Child Support Guidelines Worksheet
• Child Support Calculator (clicking on this link will download an Excel worksheet to your computer)
• Child Support Guidelines (includes various resources, forms, and worksheets)