North Dakota child support laws require both parents to financially support their children whether or not they were ever married, and the amount owed is set by a statewide formula in N.D. Admin. Code 75-02-04.1 that runs the paying parent’s net income through standardized schedule tables. Support usually lasts until the child turns 18, with an extension through high school graduation or age 19 in some cases. The state enforces orders aggressively, starting with automatic paycheck withholding and escalating from there.
How the Support Amount Is Calculated
The formula starts with the obligor’s gross income. That includes wages, bonuses, commissions, interest, retirement distributions, unemployment benefits, and most other income sources. The guidelines then subtract a specific list of items to reach net income:
- A hypothetical federal income tax obligation based on the obligor’s income.
- A hypothetical state income tax set at 11% of the federal figure.
- Payroll taxes: FICA, Medicare, Railroad Retirement, and self-employment taxes.
- The child’s proportionate share of any health insurance premiums the obligor pays for coverage that includes the child.
- Union dues, occupational license fees, employee retirement contributions, and documented unreimbursed employee expenses.
The resulting net income is matched against schedule tables that assign a base monthly support amount depending on the number of children. Two parents with similar incomes and the same number of children should end up with similar obligations.
The health insurance piece trips people up. If the obligor’s policy covers other family members beyond the child in question, you cannot deduct the full premium. Subtract the cost of the obligor’s own single coverage, divide the remainder by the total number of other people on the policy, and multiply by the number of children needing support. That fraction is what gets deducted.
Courts stay close to the guideline amounts. A deviation is possible, but the parent asking for one has to bring documented evidence that the standard number would be unjust or inappropriate for the child’s needs.
Imputed Income When a Parent Is Underemployed
A parent who voluntarily quits a job or takes lower-paying work to shrink a support obligation does not get relief automatically. Under the guidelines, the state can impute gross monthly income equal to 100% of the obligor’s highest average monthly earnings from any 12 consecutive months within the current year and the two previous years.
The burden is on the obligor to prove the employment change was not made to reduce the obligation. In evaluating that, the state looks at the parent’s work history, education, health, standard of living, and what their employment would probably look like if the family were still intact.
How to Open a Child Support Case
Parents receiving TANF or Medicaid are referred to the Child Support Division automatically and do not need to apply separately. Everyone else applies for services through the North Dakota Department of Health and Human Services online portal.
The application asks for identifying information for both parents and the children, plus financial details. Recent tax returns, W-2 forms, and several months of pay stubs will speed things up. Gather records of child care costs and any health insurance premiums you pay for the children, because those figures feed directly into the calculation.
Not knowing where the other parent lives or works does not necessarily stop the case. The Child Support Division can run searches through the Federal Parent Locator Service, which pulls employment, wage, and address data from federal agencies. Parents cannot access that system themselves; only authorized child support staff can submit searches.
Medical Support and Uninsured Costs
North Dakota child support orders typically address medical support alongside the cash obligation. If a parent has access to affordable employer-sponsored coverage, the order will usually require enrollment of the child.
When coverage runs through an employer plan, the state can issue a National Medical Support Notice directly to the employer, which instructs the employer to withhold premiums and the plan administrator to enroll the child. No additional court action is required. The notice works much like income withholding. If employer coverage is not available or is too expensive, the order may instead require the custodial parent to obtain coverage and adjust the cash support.
Out-of-pocket costs that insurance does not cover, including co-pays, deductibles, prescriptions, dental work, orthodontia, and vision care, are usually split between parents in proportion to their incomes. Keep receipts and submit reimbursement requests promptly. Disputes over uninsured medical expenses are common, and documentation is your best protection.
What Happens When Payments Fall Behind
The state does not wait for the receiving parent to file motions. Enforcement is layered and escalates automatically as arrears grow.
Income Withholding
The main collection tool is income withholding. The obligor’s employer deducts child support from each paycheck before the parent ever sees the money, authorized under N.D. Cent. Code 14-09-09.11. This applies to most orders from day one, not only after someone falls behind. Employers who fail to withhold or forward the funds face personal liability for the missed amounts, plus costs, interest, attorney’s fees, and a minimum $200 penalty when payments are more than 14 business days late. When an obligor is set to receive a lump sum of $1,000 or more (a bonus or severance, for example), the employer must notify the Child Support Division before releasing the funds if the order includes past-due support.
Tax Refund Intercepts and Credit Reporting
The state intercepts both federal and state tax refunds to cover outstanding child support before the obligor receives the money. Delinquent accounts are reported to credit bureaus, which can affect loans, rental applications, and background checks.
License Suspension
When arrears exceed three times the monthly obligation and the obligor is not current on a court-approved repayment plan, courts can suspend occupational, professional, or recreational licenses under N.D. Cent. Code 14-08.1-06. Driver’s licenses fall under 14-08.1-07 with the same treatment. The court must make specific findings about the obligor’s license status before ordering a suspension, and the suspension stays in place until the parent either catches up or sets up a satisfactory payment arrangement.
Liens and Bank Account Freezes
The Child Support Division can place liens on the obligor’s real estate and titled personal property, excluding homestead and other exempt assets, when support is past due. The lien covers existing arrears and any that accumulate afterward. For bank accounts, the state serves a notice of lien on the financial institution, which freezes the account up to the amount owed. The obligor gets a copy by mail, but the freeze takes effect immediately on service to the bank.
Interest on Arrears
Past-due child support accrues simple interest at 10% annually on the unpaid principal balance. A parent who owes $10,000 in arrears is looking at $1,000 per year in interest alone, on top of the continuing obligation.
Contempt of Court
When other tools fall short, the court can issue a contempt citation. The clerk of court initiates the process at the request of the custodial parent or a child support employee, sending notice of the arrears by first-class mail. A contempt finding can result in jail, though courts typically give the obligor a chance to purge the contempt by making payments.
Passport Denial
Parents who owe more than $2,500 in child support arrears can be denied a U.S. passport or have an existing passport revoked. The Child Support Division certifies qualifying cases to the federal Office of Child Support Services, which forwards names to the State Department under 42 U.S.C. 652(k).
Federal Criminal Charges for Interstate Cases
A parent who crosses state lines to avoid support can face federal prosecution under 18 U.S.C. 228. Willfully failing to pay support for a child in another state is a misdemeanor when the debt exceeds $5,000 or has gone unpaid more than one year, carrying up to six months in federal prison, a fine, or both. It becomes a felony if the unpaid amount exceeds $10,000, the obligation has gone unpaid more than two years, or the parent traveled interstate specifically to evade payment, with penalties up to two years, a fine, or both. Conviction triggers mandatory restitution for the full amount owed at sentencing.
When Support Ends
Child support terminates when the child turns 18. There is one common extension: if the child is still in high school at 18 and lives with the custodial parent, support continues until the end of the month in which the child graduates or turns 19, whichever comes first.
Support can also end earlier if the child marries, joins the military, or is otherwise legally emancipated. Adoption by another person terminates the original parent’s future obligation. Courts can extend support for a child with a physical or mental disability that prevents self-support, if the disability existed before the child reached the age of majority.
None of this happens automatically. If a terminating event applies, you need a court order modifying or ending the existing obligation.
Changing an Existing Order
Child support orders are not permanent. Either parent can request a review through the Child Support Division every 18 months, counted from when the order was entered, last reviewed, or last changed. If the custodial parent receives TANF or the child is in foster care, the Division reviews the order every 18 months automatically.
To request a review before the 18-month window opens, you have to show a material change in circumstances. Common qualifying changes include involuntary job loss or a significant income shift, the availability of new health insurance, a change in the child’s living arrangements, or a substantial change in child care costs.
You can also go directly to the state district court to request an amendment when income changes. The existing order stays in force until a new one replaces it, so keep paying under the current order while your modification request is pending. Stopping payments in anticipation of a reduction is one of the fastest ways to rack up arrears and trigger the enforcement tools above.
Taxes and Child Support
Child support payments carry no federal tax consequences for either parent. If you pay, you cannot deduct it. If you receive it, you do not report it as income.
The dependency question is separate. Generally the custodial parent, meaning the parent the child lives with more nights during the year, claims the child. A non-custodial parent can claim the child for the child tax credit if the custodial parent signs IRS Form 8332 releasing the claim. Even with the release, the non-custodial parent cannot claim the Earned Income Credit based on that child.