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North Dakota child support: the obligor schedule, extended parenting time, and a worked example

North Dakota is one of the few states that ignores the receiving parent's income. Support comes from a schedule keyed only to the paying parent's monthly net income and the number of children, with a formula reduction once court-ordered overnights pass 100 a year and a two-sided calculation for equal residential responsibility.

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At a glance

ModelObligor's monthly net income only, read on a schedule (N.D. Admin. Code 75-02-04.1-10)
Schedule$100 steps of net income; about 18% for one child and 28% for two from $3,000 to $10,000 net
Top of schedule$25,000 or more net a month: $3,500 for one child, $4,250 for two; more only on demonstrated need
Extended parenting timeMore than 100 court-ordered overnights: support x (365 - 0.32 x overnights) / 365
Equal residential responsibilityEach parent's amount is computed and the smaller is subtracted from the larger
Support endsAge 18, or high school graduation or 19 (whichever first) for a student living with the receiving parent
ReviewAgency review every 36 months on request; orders outside 85% to 115% of guidelines must be amended

Net income with hypothetical taxes

Gross income means income from any source, including wages, self-employment net income, refundable tax credits, regular in-kind income, children's benefits and military subsistence, but not means-tested aid such as TANF, SSI or SNAP. From it North Dakota subtracts a hypothetical federal income tax figured as a single filer with the standard deduction, a hypothetical state tax equal to 11% of that federal figure, FICA or self-employment tax, the children's share of health, dental and vision premiums, ongoing medical payments for the children, required union dues and retirement contributions, and certain documented work expenses.

Annual income is divided by 12 and rounded to the nearest $100 before the schedule is read. A spouse's income is not counted unless the paying parent controls it, for example as the owner of the business that employs the spouse. Each order must state the net income used and how it was found.

Because the receiving parent's income is never added in, the guidelines assume that parent contributes by providing the children's day-to-day care. Child care is not built into the order either; it is one of the listed grounds for a deviation.

Worked example: North Dakota

  1. A paying parent with $5,000 a month of net income and two children reads the $5,000 row of the schedule: $1,415, which is 28.3% of that income.
  2. The presumed order is $1,415 a month, $16,980 a year, whatever the other parent earns.
  3. The rate is not constant across the schedule. It runs higher at low incomes and falls as income passes $10,000; at $25,000 or more net a month the schedule pays out $4,250 for two children, 17%.
  4. Starting from a paycheck: CoreParent's calculator estimates a single filer grossing $7,000 a month at about $5,100 net, which puts support for two children near $1,444. It reads the official schedule, but the net income comes from its own tax estimate, so confirm your actual net income.

This is an estimate, not legal advice. Figures are rounded to the dollar and leave out the insurance, childcare, and other adjustments your case may have. Try your own numbers in CoreParent's calculator, then confirm with the state's official calculator.

Extended parenting time and equal residential responsibility

When a court order schedules more than 100 overnights a year with the paying parent, the order must state the number, and support is adjusted child by child: the per-child amount is multiplied by (365 minus 0.32 times that child's overnights) divided by 365. The reduction grows steadily with each additional overnight, and there is no cliff at a particular count.

That adjustment does not apply when the court orders equal residential responsibility. Then each parent's obligation is computed on the schedule as if the other parent had primary residence, and the smaller is subtracted from the larger, so for the first time the other parent's income matters. Specific expenses such as child care and school activity fees can still be split on top. Split custody, where each parent has at least one child, works the same way.

Imputed income

A paying parent is presumed underemployed if gross earnings fall below the greater of 167 times the federal hourly minimum wage a month, or 60% of statewide average earnings for people with similar work history. Income is then imputed at the greatest of those two figures or 90% of the parent's best 12 consecutive months in the current and two prior years. Exceptions cover high child care costs, documented disability, a child's special needs, parents under 18 or still in high school, people receiving SSI or Social Security disability, and recent or current incarceration of 180 days or more.

Grounds for deviation

The schedule amount is presumed correct, and only listed factors can rebut it, with the deviation in the children's best interest. They include more than six children, a paying parent earning over $25,000 net a month, private school costs agreed in writing, disabilities or chronic illness, the higher needs of children 12 and older, work-related child care paid by the receiving parent, travel costs for parenting time, and heavy health costs of the paying parent above 10% of gross income.

Low incomes and children's benefits

The schedule starts at $0 for net income of $800 or less and $90 for one child at $900. Social Security or other benefits paid to a child because of the paying parent count as payments toward that month's support. When a parent has children in more than one household, the multiple-family rules adjust the calculation.

When support ends

An order that runs until majority continues to the end of the month the child graduates from high school or turns 19, whichever is first, if the child turned 18 while enrolled and lives with the receiving parent. The receiving parent can file a declaration with the child support agency to continue it, and the paying parent can challenge it in court.

Reviews and amendments

The state child support agency reviews orders it enforces at least every 36 months when a parent asks, and must seek an amendment if the order is below 85% or above 115% of the guideline amount. In court, if the order is at least a year old, the judge must conform it to the guidelines without any showing of changed circumstances unless the presumption is rebutted; within the first year, a material change is required.

The agency

Child Support within the North Dakota Department of Health and Human Services establishes and enforces orders, posts the current guidelines, and offers an online estimate of the support amount.

Documents you will need

North Dakota child support FAQ

How is child support calculated in North Dakota?

Find the paying parent's monthly net income, rounded to the nearest $100, and read the amount for the number of children on the schedule in 75-02-04.1-10. The other parent's income is not used except in equal residential responsibility or split custody.

How much is child support for 2 kids in North Dakota?

At $5,000 of net income a month the schedule lists $1,415 for two children, 28.3% of income. The share is higher at lower incomes and lower above $10,000.

Does more parenting time lower child support in North Dakota?

Yes, once a court order gives the paying parent more than 100 overnights a year. Each child's share is multiplied by (365 - 0.32 x overnights) / 365.

What happens with 50/50 custody in North Dakota?

With court-ordered equal residential responsibility, each parent's support is computed on the schedule and the smaller is offset against the larger. The higher earner usually pays the difference.

When does child support end in North Dakota?

At 18, or for a child still in high school and living with the receiving parent, at the end of the month of graduation or the 19th birthday, whichever comes first.

Next steps

Sources

Verified against these official sources in October 2026:

Child support in every other state

All states

This is general educational information, not legal advice, and official figures change. Last verified: October 2026. Consult a licensed family-law attorney in North Dakota.