In North Dakota, child support is set by plugging the paying parent's monthly net income and the number of children into a state dollar schedule — not by a judge picking a number. The current schedule and the rules around it took effect July 1, 2023, and live in the North Dakota Administrative Code (child support guidelines, ch. 75-02-04.1) and North Dakota Century Code chapter 14-09. The amount that comes out of the schedule is presumed to be correct, and a court needs specific, written reasons to order something different.
Step One: Figuring Out "Net Income" the North Dakota Way
North Dakota doesn't use your take-home pay from your pay stub. It builds its own version of net income, starting from gross income.
Gross income is defined broadly — it includes wages, overtime, bonuses, self-employment earnings, pensions, Social Security, workers' compensation, unemployment benefits, veterans' benefits, spousal support received, and gifts or prizes over $1,000 a year. It leaves out means-tested public assistance (like TANF, SSI, and SNAP), adoption subsidies, child support you receive for other children, one-time capital gains, and early retirement withdrawals.
From that gross figure, North Dakota subtracts a set of specific items to arrive at net income:
A hypothetical federal income tax, calculated as if you filed single, using single-filer tax tables
A hypothetical state income tax, set at 11% of that hypothetical federal tax amount
FICA/Medicare tax, or self-employment tax if you're self-employed
The children's portion of health insurance premiums
Union dues and required license fees
Mandatory employee retirement contributions
This is a formula-driven number, not a copy of your actual tax return — so your real after-tax paycheck and your "net income" for child support purposes can look different.
Step Two: Applying North Dakota's Child Support Schedule
Once monthly net income is calculated, North Dakota applies it to a published schedule that sets a dollar support amount based on net income and the number of children owed support. A few reference points from the schedule:
Net income of $800 or less per month: $0 in support
Net income of $3,000 per month: about $590 for one child, $846 for two, $1,007 for three
Net income of $5,000 per month: about $907 for one child, $1,415 for two, $1,691 for three
The schedule caps out at $25,000 in monthly net income, topping at $3,500 for one child and up to $6,500 for six or more children
These are illustrative points from the guideline schedule, not the full table — the schedule has entries at many income levels and child counts in between, so don't assume you can interpolate exactly. Ask your North Dakota court or Child Support Services for the current full schedule and to see where your numbers land.
Adjustments for Parenting Time
North Dakota's guidelines build in two situations where the basic schedule amount gets adjusted based on how parenting time is split.
Extended parenting time. If a court order specifically schedules the paying parent (the obligor) to have more than 100 overnights per year with the child, the support order must state the number of overnights, and the obligation is reduced using a set formula — overnights multiplied by .32. This adjustment does not apply when parents share equal residential responsibility; that situation is handled differently (below).
Equal (50-50) residential responsibility. When a court orders that parents share residential responsibility equally, North Dakota doesn't just decide there's no support owed. Instead, each parent's support obligation is calculated separately, as if that parent were the one paying support to the other. The smaller of the two calculated amounts is subtracted from the larger, and the parent with the larger obligation pays the difference to the other parent.
When a North Dakota Court Can Deviate from the Schedule
The schedule amount is rebuttably presumed to be the correct child support amount in every case. That means a judge is supposed to order the guideline amount unless someone shows the court a good reason not to — and even then, the judge must write down specific findings addressing recognized criteria, such as the obligor's monthly net income exceeding the top of the schedule ($25,000), the family having more than six children, or a child's special needs. A deviation isn't something a court can do informally; it has to be justified on the record.
If a Parent Is Unemployed or Underemployed
North Dakota doesn't let a parent avoid support by simply not working or by working below their capacity. If a parent is unemployed or underemployed, the guidelines allow the court to impute income — that is, to calculate support as if the parent were earning more. The imputed monthly amount is the greatest of:
167 times the federal hourly minimum wage
60% of statewide average earnings for workers in similar work
90% of the parent's own greatest recent average monthly earnings
Changing a North Dakota Child Support Order Later
Support orders aren't necessarily set forever. North Dakota law treats requests to change an order differently depending on how long it's been in place:
If the existing order is at least one year old when a modification request is filed, the court is required to amend it to match the current guidelines — whether or not anything else in the family's situation has changed — unless someone successfully rebuts the guideline presumption.
If the order is less than a year old, the parent asking for a change also has to show a material change in circumstances, not just that the guideline math now points somewhere else.
On periodic review, the child support agency is directed to pursue an amendment when the existing order has drifted below 85% or above 115% of what the current guideline amount would be.
Time-sensitive note: North Dakota's guideline schedule and formulas are periodically revised (the version described here took effect July 1, 2023). Because schedule dollar amounts can be updated in later rulemaking cycles, confirm you're looking at the current, in-effect schedule with the North Dakota court system or Child Support Services before relying on any specific dollar figure.
How North Dakota Support Orders Get Enforced
Child support enforcement in North Dakota runs on tools that federal law requires every state to have. Under the federal Title IV-D program (42 U.S.C. §§ 654, 659, 666), North Dakota's child support agency can use income withholding directly from a paying parent's paycheck, license suspension, and liens against property to collect unpaid support — and federal law waives sovereign immunity so even federal wages and benefits can be garnished for support.
If the parents live in different states, 28 U.S.C. § 1738B requires other states to enforce North Dakota's order and generally bars another state from modifying it, working alongside North Dakota's adoption of the Uniform Interstate Family Support Act (UIFSA).
Unpaid child support also survives bankruptcy. Under 11 U.S.C. §§ 507 and 523, a domestic support obligation like child support can't be discharged in bankruptcy and is paid ahead of most other unsecured debts; property-settlement debts from a divorce decree are also generally non-dischargeable in Chapter 7.
What You Can Do in North Dakota
Apply for child support services through North Dakota Health and Human Services Child Support — you can apply online, request a paper application, or contact the agency directly to open a full-services or limited-services case.
Gather your income documentation — pay stubs, tax returns, self-employment records, or proof of other income sources — since North Dakota's net income formula depends on accurately establishing gross income first.
If your support question is tied to a divorce, review the North Dakota Court System's Legal Self Help Center materials on divorce, since child support is frequently set as part of a divorce or custody case in North Dakota district court.
Ask about the current full schedule rather than relying on a handful of reference amounts — Child Support Services or your local district court clerk can point you to the schedule currently in effect.
If your parenting time or income has genuinely changed, ask about a modification request rather than assuming an old order will automatically update — North Dakota's one-year and material-change rules determine what you need to show.
This article is for general information only and is not legal advice; for guidance on your specific North Dakota case, talk to a North Dakota family law attorney or your local child support agency.
Frequently asked questions
How does North Dakota calculate child support?
North Dakota applies a dollar-amount schedule to the paying parent's monthly net income and the number of children. Net income is a formula-based figure that starts with gross income and subtracts hypothetical federal and state taxes, FICA/self-employment tax, the children's health insurance costs, union dues/license fees, and mandatory retirement contributions.
Can a North Dakota court order a different amount than the schedule?
The schedule amount is rebuttably presumed correct. A judge can deviate only by making specific written findings tied to recognized criteria, such as the obligor's net income exceeding the top of the schedule, more than six children, or a child's special needs.
What if parents share equal parenting time in North Dakota?
When a court orders equal (50-50) residential responsibility, each parent's obligation is calculated as if they were the paying parent, the smaller amount is subtracted from the larger, and the parent with the larger calculated obligation pays the difference.
Can North Dakota impute income to a parent who isn't working?
Yes. For an unemployed or underemployed parent, the court can impute income at the greatest of 167 times the federal hourly minimum wage, 60% of statewide average earnings for similar work, or 90% of the parent's own greatest recent average monthly earnings.
When can a North Dakota child support order be modified?
If the order is at least a year old, the court must update it to match current guidelines whether or not anything else changed, unless the presumption is rebutted. If it's less than a year old, the requesting parent must also show a material change in circumstances.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
Knowing your rights is the first step
Join thousands committing to calmly and consistently exercise their constitutional rights.
