North Dakota Child Support

Support payments are considered neutral for income tax purposes. This means that payments made to support are not deductible on income tax forms.

The receiving parent’s support payments are not taxed either, so support shouldn’t affect your income taxes.

Support payments are collected after income tax has already been paid.

North Dakota’s Child Support Enforcement agency has the authority to intercept and claim your federal income tax return when you are falling behind on your court-ordered support payments.

Paternity is presumed for children born during a marriage. Parents may also voluntarily acknowledge paternity on legal documents before the child is born. Genetic testing can also help confirm paternity.

When the biological father isn’t on the birth certificate, he may not have any legal rights. Paternity may need to be established through the court.

Mothers cannot refuse a father the right to a paternity test. If the mother is refusing to consent to a paternity test, then a court order may be your only option.

Paternity can be difficult to establish when the father has passed away. Court ordered genetic tests can confirm paternity, but courts will rarely order such a test in such circumstances unless the child would benefit in some way from the court order.

Yes. Certain genetic tests do not require the mother’s DNA sample to confirm paternity, and mothers must comply when the genetic test is court ordered.

An acknowledgment of paternity (AOP) can be signed at the hospital within 72 hours of the child's birth, or at the local health department. Both the mother and the father must sign the affidavit. Within 60 days of the signing the affidavit, however, anyone who is entitled to file a paternity case can file a case and ask for genetic testing.

Yes. When circumstances have changed, parents can alter the amount required for support payments. This change must be initiated through a court order.

Parents can seek a modification when the order is older than 18 months old or when circumstances have significantly changed.

Either parent can file for a modification of support by filling out the Request for a Review form. The parent must additionally provide an updated financial affidavit form. Courts will review the request and submit a response to both parents.

Support orders are very rarely appealed. If custody arrangements or other situations change, then it’s likely the order will be modified or terminated.

A lawyer is not necessary in order to modify support amounts.

Processing times are affected by things like whether or not paternity needs to be established and if a non-custodial parent can be located.

When the receiving parent isn’t getting their child support payments, they need to alert North Dakota’s Child Support Enforcement agency.

If you’re not paying child support, then you could be facing serious penalties for disobeying a court order. A contempt action can prompt the agency to enforce the support order through wage garnishment, federal income tax withholding and other measures.

Failing to pay over a period of two years is considered a federal felony crime.

North Dakota does offer a debt compromise plan for support debts, but usually, the non-custodial parent still has to pay back a large percentage of the debt.

You must file a termination order with a court.

North Dakota courts typically terminate the obligation when the child turns 18 or when the child graduates high school; however, the support obligation can also be terminated on the date specified in the original child support court order. 

The custodial parent can close a support case so long as they aren’t receiving any public assistance.

When the child turns 18 or graduates high school.

The age of majority in North Dakota is 18.