Modifying Child Support After Job Loss, Disability or Incarceration in North Dakota

By the FigureMyTax Editorial Team · How we calculate

North Dakota child support does not drop on its own after a job loss. For a sentence of 180 days or longer, the monthly obligation expires by operation of law, but past-due support stays owed and the agency restarts support after release.

Can you lower child support after a job loss in North Dakota?

Yes, by asking for a review or filing a motion. If the order is at least a year old the court conforms it to the guidelines on your current income without a material change; within a year, a job loss can be the material change you must show (NDCC 14-09-08.4(4)). File promptly: support already due is a judgment (14-08.1-05).

What happens if I am incarcerated?

A monthly support obligation in effect after December 31, 2017 expires by operation of law upon incarceration of the obligor under a sentence of 180 days or longer, excluding credit for time served before sentencing (14-09-09.38(1)). Incarceration means a custodial setting where the obligor cannot earn wages outside the facility; probation and work release are not included. The agency must notify both parents and explain how the obligation can be re-established after release (14-09-09.38(3), (5)).

Does the expiry erase what I owe?

No. The expiration of a monthly support obligation does not affect any past-due support owed before the expiration (14-09-09.38(4)). Past-due support stays owed.

What happens after release?

If the case is still open with the agency when the obligor is released, the agency shall re-establish a monthly support obligation under the chapter without requiring a request or application (14-09-09.38(6)). A court can also establish an obligation for an incarcerated obligor if it is based on actual income and the moving party makes a prima facie showing that income exceeds the guidelines minimum (14-09-09.38(2)).

Will North Dakota impute income to me?

For an unemployed or underemployed obligor, the guidelines impute income equal to the greatest of 167 times the federal minimum wage, six-tenths of statewide average earnings for similar work or 90% of the obligor’s greatest recent earnings, less actual earnings, with exceptions. The exceptions include an obligor who is incarcerated under a sentence of 180 days or longer and one released less than 180 days ago from such a sentence (N.D. Admin. Code ch. 75-02-04.1).

What if there are no jobs where I live?

If an unemployed or underemployed obligor shows that employment opportunities providing earnings at least equal to the lesser of the second and third measures are unavailable within 100 miles of the obligor’s residence, income is imputed at the lower federal minimum wage measure instead (75-02-04.1).

Do I have to tell the agency about my sentence?

The agency must notify both parents when the obligation expires, but tell it yourself with the sentencing papers so the notice is not delayed (14-09-09.38(5)).

What proof helps?

What should you do first?

1. File the motion or ask for a review now.
2. Keep paying what you can: each unpaid installment is a judgment that draws interest (see how North Dakota interest works).
3. Check your numbers in the North Dakota child support modification calculator.

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.