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North Dakota Child Support
Child Support in North Dakota

In North Dakota, either parent may be ordered to pay child support. In determining support, the courts consider what is needed to give the child sufficient financial support and an education appropriate for the child's circumstances and aptitudes.

The North Dakota Child Support guidelines provide the basis for a support award.

Support is based on:

  • the net income of the parents;
  • the other resources available to the parents; and
  • any circumstances that might be considered in reducing the amount of support on the basis of hardship.

Using guidelines of the North Dakota Department of Human Services, the courts require child support payments be paid through the state disbursement office and guarantee them by wage assignments and withholding orders. Every three years, the court reviews all support orders unless neither parent requests it. North Dakota Century Code; Volume 3A, Chapters 14-08-07, 14-09-08, 14-09-08.1, 14-09-08.4, 14-09-09.1, 14-09-09.2, and 14-09-09.7 contains information pertinent to child support.

North Dakota uses the percentage of income formula that determines the amount of child support as a percentage of the income of the parent obligated to pay the child support. This percentage is determined by factoring the number of children requiring support. The percentage of income method is the most basic method for calculating support. Some people think that it does not take into consideration many important details, which makes this model of support calculation the least exact.

Once this amount is determined it is essential to look at any appropriate North Dakota child support deviation factors that may be applicable to the situation. Additional information about North Dakota child support can be found in the North Dakota state statutes.

Calculate North Dakota Child Support

Other Expenses and Deductions

Extraordinary expenses are either add-ons, where the expense is added to the support payment, or deductions, where the amount is deducted, and indicated as either mandatory or permissive. Extraordinary medical expenses are a mandatory deduction.

The courts may also order an additional add-on amount for childcare.

Child Support Enforcement

Courts may require a delinquent parent to pay his support based on a court-approved plan. An unemployed person may have to work in the public or private sector, on-the-job training or schooling related to employment.

A delinquent parent who owes more than three times his monthly support may find his driver's license restricted or suspended when he or she is not under a court-sponsored payment plan or has not answered a subpoena.

According to North Dakota law, the court may require the payor parent to post security against a failure to pay, which may be enforced by an attachment against the individual's property.

North Dakota addresses child support issues through its North Dakota Child Support Enforcement, a division of the North Dakota Department of Human Services. This agency implements the state's child support laws, which are found in the North Dakota Century Code, the compilation of state laws. The office is located at:

North Dakota Department of Human Service Child Support Enforcement Division
P.O. Box 7190
Bismarck, ND 58507-7190
(701) 328-3582
Toll free: (800) 755-8530
TTY: (800) 366-6888
E-mail: [email protected]

More information about North Dakota Child Support Enforcement can also be found at their website.

Emancipation

Generally, the obligation ends when the child reaches 18 years of age.

Deviation Factors

Private school tuition is a deviation factor.

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