Child Support Calculations in North Dakota

North Dakota uses a percentage-of-income model under N.D. Admin. Code Chapter 75-02-04.1, where child support is based solely on the obligor's net income. Whether you're navigating an uncontested or contested divorce, understanding the schedule, parenting-time adjustments, and the equal-residential offset method is essential.

The Percentage-of-Income Model

Unlike income-shares states, North Dakota calculates support using only the obligor's monthly net income. The schedule lists dollar amounts for each $100 step of net income from $800 to $25,000.

Don't guess your obligation. Enter your income and custody split for North Dakota:

• Schedule cap: $25,000/month net income (court discretion above)
• Self-support reserve: $800/month (schedule shows $0 at or below this)
• No minimum order: The schedule governs; at $800 or less, amount is $0
• Sample amounts at $25,000: $4,250 (1 child), $5,000 (2), $5,500 (3), $6,000 (4), $6,500 (6+)

What Counts as Income

Under N.D. Admin. Code § 75-02-04.1-01:

• Included: Wages, overtime, commissions, bonuses, dividends, pensions, Social Security, workers' comp, unemployment, VA benefits, trust income
• Excluded: TANF, SSI, SNAP, adoption subsidies, child support received, atypical overtime, nonrecurring capital gains, early retirement withdrawals (as of 7/1/2023)
• In-kind income: Non-cash compensation (free housing, vehicle use) counts as income

From Gross to Net Income

Net income is calculated by subtracting:

• Hypothetical federal income tax (single filer)
• Hypothetical state tax (11% of federal hypothetical)
• FICA/Medicare/self-employment tax
• Child's share of health insurance premiums
• Mandatory union dues, occupational licenses, retirement contributions
• Unreimbursed employment expenses (lodging up to $96/night; mileage at $0.655/mile)

Income Imputation

Under N.D. Admin. Code § 75-02-04.1-07, courts may impute income equal to the greatest of:

• 167 × federal minimum wage per month
• 60% of statewide average earnings for similarly qualified workers
• 90% of obligor's greatest 12-month average in current and prior two years

Need a Deeper Analysis?

The calculator above gives you a quick estimate based on North Dakota's percentage-of-income model. For a comprehensive report covering parenting-time adjustments, multiple-family scenarios, and deviation factors, get your full analysis here. For official calculations, use the HHS Excel calculator.

Parenting-Time Adjustments

Extended Parenting Time (100+ Overnights)

Under N.D. Admin. Code § 75-02-04.1-08.1:

1. Determine total obligation ÷ number of children = per-child amount
2. For each child: 365 − (0.32 × overnights with obligor)
3. Divide result by 365 to get reduction fraction
4. Multiply per-child amount by fraction; sum all children = adjusted obligation

The 0.32 factor provides credit for the obligor's direct costs during parenting time. To see how different custody arrangements affect your support amount, model the scenarios side-by-side.

Equal Residential Responsibility (50/50)

Under N.D. Admin. Code § 75-02-04.1-08.2:

• Calculate each parent's obligation as if the other had primary responsibility
• Offset the two results; parent with larger obligation pays the difference
• Optional $75 equalization: Court may add up to $75 to smaller obligation to eliminate net payment

Split Residential Responsibility

When each parent has primary custody of at least one child:

• Compute each parent's obligation for children in the other's home
• Offset to reach single net payment

Medical Support and Child Care

Unlike many states, North Dakota does not automatically add child care or medical as line-item add-ons:

• Health insurance: Child's share deducted from net income; medical support provision required in every order under N.D.C.C. § 14-09-08.10
• Child care: May justify deviation upward (obligee pays) or downward (obligor pays)
• Uninsured medical: Not allocated by guidelines; courts may apportion in order

When Courts May Deviate

Under N.D. Admin. Code § 75-02-04.1-09:

• Increased need: More than 6 children; private school; disability; older children (12+)
• High income: Above $25,000/month—demonstrated needs may justify more
• Travel expenses: Predominantly for parenting time
• Health care costs: Exceeding 10% of gross income
• Obligee income: If at least triple obligor's (reduced need)
• Child care: Paid by obligor (reduced ability) or obligee (increased need)

Duration of Support

Under N.D.C.C. § 14-09-08.2:

• Standard termination: Age 18
• High school extension: Through month of graduation or age 19 (whichever first), if enrolled and living with obligee
• Disabled adult children: No automatic extension; requires agreement or court determination

Modification Rules

Under N.D.C.C. § 14-09-08.4:

• After 1 year: Court must amend to guideline amount (no material change required)
• Within 1 year: Must show material change in circumstances
• Agency threshold: Must seek amendment if existing order is <85% or >115% of guideline
• Review cycle: Every 36 months (18 months for TANF/foster care or upon request)

Enforcement Tools

North Dakota HHS employs:

• Income withholding: Mandatory; employers remit within 7 business days
• Tax refund intercepts: Federal and state
• Credit reporting
• License suspension: Driver's, professional, recreational, vehicle registration
• Liens: Child Support Lien Registry
• Contempt proceedings

Interest on Arrears

Under HHS Interest Charges:

• Interest rate: 11% annually (2025 rate)
• Compounding: Simple interest (not compound)
• Relief: May be suspended during payment plan; remaining interest may be waived after compliance

Key Takeaways

• Percentage-of-income model: Based solely on obligor's net income
• $25,000 schedule cap: Court discretion above this
• $800 self-support reserve: $0 obligation at or below this
• 100-night threshold: Triggers extended parenting-time credit
• 0.32 factor: Per-overnight reduction for extended time
• 50/50 offset: Each parent's obligation calculated and offset
• 1-year modification: No material change required after this period
• 11% simple interest: On arrears (2025 rate)

For more information about North Dakota divorce processes, see our North Dakota divorce timeline and filing checklist. For property division information, review our North Dakota marital property guide.