North Dakota Child Support
How to apply for child support in North Dakota
The state of North Dakota strongly adheres to the notion that both parents are equally obligated to financially provide for their children to the best of their abilities. Most often, the parent who spends less than half of their time with the children will be obligated by the courts to pay the custodial parent a financial sum each month in child support. Parents need to fill out an application either online or in person and return it to their regional office. Your case will reviewed, and an appropriate support amount will be calculated. If you need assistance with establishing paternity or locating the other parent, then ND Child Support can help. Download Forms.
How to Calculate Child Support in North Dakota?
North Dakota courts use support guidelines, or a fee schedule, to help calculate an appropriate support amount. First, you will need to know the non-custodial parent’s total income. Next, determine the net income amount by subtracting the taxes, costs for medical care, the child’s health care premiums and other deductions. This amount can be used to determine a support amount.
How to claim and pay child support?
Many payments are paid through income withholding, but multiple payment options are available. Parents can pay in person at a regional office, through credit or debit card, through MoneyGram or using autopay. Parents expecting to receive payments can choose to have the amount deposited directly into their checking account or debit card. North Dakota offers the Way2Go MasterCard for debt support payments.
Child Support Performance Stats for North Dakota
Statistics show that about 26 percent of families in North Dakota are not receiving their current child support payments. A total of about $191,664,331 in overdue support was owed to the state in 2013.
Statistics for Regular On-Time Payments Collection
Other Incentive Performance Measures
|Statewide Paternity Establishment (%)||N/A||N/A||N/A||N/A||N/A|
|IV-D Paternity Establishment (%)||108.84||107.88||107.09||104.34||106.12|
|Support Order Establishment (%)||89.15||91.24||93.25||93.32||93.16|
Total Number of Children in the Child Support Program
Total Distributed Collections and Total Administrative Expenditures ($ Millions)
|Total Distributed Collections ($)||89.59||92.26||95.11||96.94||96.26|
|Total Distributed to Families ($)||84.7||87.77||91.06||93.18||92.78|
|Total Administrative Expenditures ($)||14.93||16.03||16.63||17.45||17.52|
Average Collections per Case with Collections
Can the support be paid off early?
Support payments shouldn’t be paid off early because circumstances might change, custody arrangements might be altered and orders could be modified in the future.
What Will Happen if You fall Behind Child Support Payment?
- Withholding income
- Withholding federal tax refunds
- Charging interest on unpaid payments
- Reporting a failure to pay to credit bureaus
- Suspension of vehicle registration
- Liens on property
- Suspension of licenses (drivers, occupational, recreational)
Can you get alimony and support at the same time?
Yes, alimony is designed to help support the spouse while child support is meant to help provide for the financial needs of the child.
Can you stop the support payments?
You shouldn’t stop your support payments unless your child has reached the age of majority and has graduated high school. It’s crucial that you remain compliant with mandatory court-ordered payments.
Child Support and Taxes
When parents decide to split up, the first tax season can be more frustrating and complicated than usual. It’s important to distinguish which parent will be claiming their child as a dependent for tax purposes. It’s also crucial to understand how paying or receiving support payments can impact your taxes.
Can child support payments be claimed on taxes in North Dakota?
Support payments are considered neutral for income tax purposes. This means that payments made to support are not deductible on income tax forms.
How does my child support affect my taxes in North Dakota?
The receiving parent’s support payments are not taxed either, so support shouldn’t affect your income taxes.
Can child support be taken pre tax?
Support payments are collected after income tax has already been paid.
Can child support Take my federal tax return?
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.
Establishing paternity is the legal process of determining a child’s biological father. This designation is important because North Dakota law requires biological fathers to equally share the responsibility of raising that child. Paternity may legally be established in many ways including DNA tests, voluntary acknowledgment, court order or presumed paternity.
How do you establish paternity?
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.
What rights does a father have if not on birth certificate?
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.
Can a mother refuse me paternity test?
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.
How to establish paternity if the father is deceased?
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.
Can a father get a paternity test without the mother?
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.
How long does a father have to establish paternity in North Dakota?
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.
Support order establishment
Support orders can be established after paternity is legally confirmed. One parent will need to file a Summons and Complaint towards obtaining a support order and fully complete a financial affidavit. This information will be reviewed, and a settlement will be proposed. Once the order is established, it is mandatory that parents abide by the terms and conditions.
State Child Support orders
North Dakota’s child support orders are important because non-custodial parents have no legal obligation to financially support their children without an enforceable court order in place. Children are dependent on this financial support, and these court orders allow authorities to enforce your child’s rights.
Can the support be modified?
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.
How do I file for a modification of child support?
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.
Can a support order appealed?
Support orders are very rarely appealed. If custody arrangements or other situations change, then it’s likely the order will be modified or terminated.
Do you need a lawyer to modify the support?
A lawyer is not necessary in order to modify support amounts.
Child support Enforcement
How long does the child support enforcement take?
Processing times are affected by things like whether or not paternity needs to be established and if a non-custodial parent can be located.
What to do when the support is not paid?
When the receiving parent isn’t getting their child support payments, they need to alert North Dakota’s Child Support Enforcement agency.
What Happens if I’m not paying Child support?
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.
How much overdue child support payment can be considered a felony?
Failing to pay over a period of two years is considered a federal felony crime.
Can the support debt be forgiven?
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.
Support Order Termination
How do I stop a child support order?
You must file a termination order with a court.
When Can I Apply for Child Support Termination?
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.
Can the custodial parent close a child support case?
The custodial parent can close a support case so long as they aren’t receiving any public assistance.
When Can I Stop Paying Child Support?
When the child turns 18 or graduates high school.
The age of majority in North Dakota is 18.
North Dakota hearing rights
Fathers, mothers, and children are all provided the right to seek a court hearing regarding paternity, custody or support orders.
North Dakota Child Support Guidelines
Support guidelines help courts in North Dakota determine an appropriate amount of financial support a parent should be expected to contribute to a child based on their net income.
North Dakota Child Support Coverage
What is the support meant to cover?
Support is designed to cover the basic expenses of raising a child including necessitates like shelter, clothing, food, medical care, and educational tools.
Does the Support Cover Medical Care Expenses?
Yes. In North Dakota, support orders must address the medical care expenses of the child.
What if Both Parents are working, will Child Support Cover child care services?
Parents are expected to share the costs of childcare services through support payments under North Dakota child support laws.
Are Car Maintenance Costs Covered by Child Support?
Typically, car maintenance costs wouldn’t be covered by support payments unless the car is necessary for transportation of the child.
What is Considered Basic Entertainment for Child Support?
Basic entertainment expenses can be described as the money spent on providing the child access to age-appropriate and stimulating activities like television programs, movies, the internet, video games and trips to museums.
Are College and School expenses Covered by Child Support?
Most support orders in North Dakota do not extend past the age of 18, but courts may enforce college-level support when the parents have a binding legal agreement regarding the specific expenses related to the child’s secondary education.
Yes, educational needs are included in the costs covered by support payments.
Are Extracurricular Activities covered by Support?
Costs associated with extracurricular activities can be paid with support payments.
North Dakota Child Support Offices
|Institution name||Physical address||Email address||Phone number||Website|
|North Dakota Child Support||1600 E Century Avenue, Suite 7 Bismarck, NDemail@example.com||(701) 328-5440||https://childsupport.dhs.nd.gov|
County Child Support Offices in ND
|County name||Institution name||Physical address||Email address||Phone number||Website|
|Burleigh County||Burleigh County, ND Bismarck Regional Child Support Unit||316 N 5th St Suite 300, Bismarck, ND firstname.lastname@example.org||1(701) 328-0955||https://childsupport.dhs.nd.gov/contact-us|
|Ramsey County||Ramsey County, ND Devils Lake Regional Child Support Unit||1820 Walnut St East, Suite 4, Devils Lake, ND email@example.com||1(701) 665-4475||https://childsupport.dhs.nd.gov/contact-us|
|Stark County||Stark County, ND Dickinson Regional Child Support Unit||135 Sims Street #202, Dickinson, ND firstname.lastname@example.org||1(701) 227-7424||https://childsupport.dhs.nd.gov/contact-us|
|Cass County||Cass County, ND Fargo Regional Child Support Unit||4950 13th Ave South, Suite 22, Fargo, ND email@example.com||1(701) 298-4900||https://childsupport.dhs.nd.gov/contact-us|
|Grand Forks County||Grand Forks County, ND Grand Forks Regional Child Support Unit||151 S 4th St, Suite N101, Grand Forks, ND firstname.lastname@example.org||1(701) 795-3960||https://childsupport.dhs.nd.gov/contact-us|
|Stutsman County||Stutsman County, ND Jamestown Regional Child Support Unit||804 13th St NE, Jamestown, ND email@example.com||1(701) 253-6260||https://childsupport.dhs.nd.gov/contact-us|
|Ward County||Ward County, ND Minot Regional Child Support Unit||325 28th Ave SW, Suite C, Minot, ND firstname.lastname@example.org||1(701) 857-7696||https://childsupport.dhs.nd.gov/contact-us|
|Williams County||Williams County, ND Williston Regional Child Support Unit||202 Main St, Lower Level, Williston, ND email@example.com||1(701) 774-7940||https://childsupport.dhs.nd.gov/contact-us|
Download Child support Forms for North Dakota
|Petition for Order and Judgment Awarding Late Fees||UJS-128|
|APPLICATION FOR CHILD SUPPORT SERVICES||DSS-SE-408CP/RA|
|Financial Affidavit to Support Motion||2a|
|Motion for Review and Amendment of Child Support||1a|