General
Citation: N.D. Admin. Code §§ 75-02-04.1-01 to13; 14.09.09.7
Last Updated:
Authority: Admin Rule
Guidelines Model: Income Shares
Economic Study: Betson-Rothbarth 2006 (BR3)
Responsibility:
Approval:
Last Review ( )
Previous Review ()
Basic Child Support Obligation (BCSO) Schedule
Last Updated: January 1, 2019
Income Base: Net
Income Measure: Obligator’s Monthly Net Income
Frequency: Monthly
Children categories: 1, 2, 3, 4, 5, 6 children
Minimum Income Bracket: $800 or less
Maximum Income Bracket: $25,000 or more
More than Maximum Income:
BCSO Factors/Assumptions/Adjustments
Age: No
Cost of living:
Expenditures Measurement:
Low-Income: Unknown
Medical Expenses:
Parenting Time:
Poverty Level:
Price Level:
Subsequent Children:
Taxes:
Low-Income1
SSR/LI Adjustment Amt: N/A
Discretionary: N/A
SSR/LI Adjustment Application: N/A
Deviation Criteria: May be requested based on the subsistence needs of obligator
Threshold Income: N/A
Limitations: General statement reflecting policy of ordering support
Minimum Child Support Amount: No set minimum but there should be support in all cases
Limitations on Minimum Child Support Amount: Schedule stars at monthly net income of $100 or less
Notes: N/A
Deviation Factors
Medical Expenses
Ordinary:
Extraordinary: Not defined
Childcare Expenses
Deviation Factors
Education Expenses
Deviation Factor
Modification
When circumstances change, such as a substantial change in income for either parent, a change in expenses for the child(ren) or changes in custody or visitation schedules; a modification in the child support obligation may be warranted. The changes must display a 15% increase or decrease in the child support obligation for a modification to be warranted.
Termination5
Age of Majority: 18 years of age
Ends: May extend past 18 if still in high school. Support ends when the child graduates from high school or reaches 19 years of age.
Statute: N.D. Cent. Code §14-09-08.2
Duty to Provide College Support:
Criminal Penalties for Nonpayment3
Source: N.D. Cent. Code § 14-07-15 N.D. Cent. Code § 12.1-32-01
Crime: Class C felony
Maximum Penalty: 5 years, $5,000
Interest and Arrears4
Arrears: Yes
Summary: The interest rate is equal to the prime rate as published in the Wall Street Journal on the first Monday in December of each year plus three percentage points and rounded up to the next one-half percentage point.For calendar year 2019, the interest rate is 8.5%.
Statute:
State Contact
Name: Mr. Jim Fleming
Title: State Director
Email: centralofficecse@nd.gov
Phone Number: (701) 328-3582
Address: PO Box 7190 Bismarck, North Dakota 58507-7190
Links
Child Support Calculator
Child Support Guidelines
FindLaw
Child Support Program
References
1Judicial Council of California, Review of Statewide Uniform Child Support Guideline, October 25, 2017
2https://www.ncsl.org/research/human-services/license-restrictions-for-failure-to-pay-child-support.aspx
3https://www.ncsl.org/research/human-services/criminal-nonsupport-and-child-support.aspx
4https://www.ncsl.org/research/human-services/interest-on-child-support-arrears.aspx
5https://www.ncsl.org/research/human-services/termination-of-child-support-age-of-majority.aspx