How to Modify Child Support in North Dakota: Filing Steps and Effective Date

By the FigureMyTax Editorial Team · How we calculate

To modify North Dakota child support, ask the child support agency for a review or file a motion. Support already due cannot be changed, so start promptly and bring your income documents.

How do you modify child support in North Dakota?

1. Run the guideline amount in the North Dakota child support calculator and test it in the modification calculator.
2. Ask the agency for a review by applying for child support services and saying you want a review (NDCC 14-09-08.9), or file a motion or petition with the district court.
3. Give your income information. On a review the obligor must provide an income report, recent earnings statements and a verified copy of the latest tax return (14-09-08.6).
4. Show the one-year condition or a material change.
5. Keep paying the existing order until it changes.

How often does the North Dakota agency review orders?

Each order being enforced by the child support agency must be reviewed no less than 36 months after the order or the most recent amendment or review, unless an exception applies; a review is also required after 12 months in the case of an order for no support based on no ability to pay (14-09-08.4(1)-(2)).

What notice does the North Dakota agency send?

Written notice, including by electronic means, to both parents that a review is starting; the obligor’s notice explains the duty to give income information and that failure can lead to an order compelling it (14-09-08.5). After the review, the agency promptly notifies both of its determination (14-09-08.7).

Does my North Dakota order tell me about the right to a review?

Yes. Each judgment or order that includes child support must include a statement advising of the right to request a review, and for cases in which the agency provides services, notice of the right to request a review must go to both parents not more than three years after the most recent order, review or notice (14-09-08.9).

Can I get help if my release date is soon?

Ask Child Support to re-establish the monthly obligation on your release, or file a motion if your income is lower than the guidelines assume (14-09-09.38). Bring release papers and proof of new work.

What does the review compare my order to?

The child support guidelines in the administrative rule, which compute support from the parents’ net incomes under the department’s formula (N.D. Admin. Code ch. 75-02-04.1). The agency uses the same figures as the court.

Can I waive my right to change North Dakota support?

An agreement purporting to relieve an obligor of any current or future duty of child support is void; an agreement to waive past-due support is void unless the obligee and any assignee consent in writing and a court approves it (14-09-09.32). A private deal to skip support is not enforceable.

What if the court stays support?

In a divorce judgment the court may stay further accruals under a child support order if it finds the stay in the best interests of the child, and the obligation can be reinstated prospectively (14-09-09.32(2)). Avoiding income withholding is not a proper basis for a stay.

How much does a late motion cost? An example

If you file 3, 6 or 9 months after your change, the relief you may lose at a $300 monthly difference is:

What happens to unpaid support while the motion is pending?

It stays owed as a judgment and draws interest. See whether North Dakota arrears expire or can be forgiven and add up your balance.

Frequently asked questions

Official sources

• NDCC chapter 14-09: parent and child; child support review
• NDCC chapter 14-08.1: enforcement; support orders are judgments
• N.D. Admin. Code ch. 75-02-04.1: child support guidelines
• 42 U.S.C. 666(a)(9): no retroactive modification of support already due

This is general information, not legal advice. It is based on the cited North Dakota statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed North Dakota attorney.