Extended Parenting Time and Equal Residence in North Dakota
North Dakota reduces the obligation when a court orders more than 100 overnights with the obligor, by 0.32 of each child’s share per overnight, and with equal residential responsibility calculates both parents’ obligations and has the greater pay the difference.
Extended parenting time
“Extended parenting time” means parenting time between an obligor and a child living with an obligee, scheduled by court order to exceed 100 overnights a year, and the order must state the number of overnights (section 75-02-04.1-08.1). The obligation is determined as follows: find the amount otherwise due; divide it by the number of children; for each child, multiply the child’s overnights by 0.32, subtract the result from 365 and divide by 365; multiply the per-child amount by that fraction; and total the amounts.
An example
A $60,000 wage earner with two children owes $1,188 a month. With 146 overnights (40% of the year), each child’s fraction is (365 − 46.72) ÷ 365 = 0.872, and the obligation is $1,036.
Equal residential responsibility
If a court orders equal residential responsibility, a child support obligation is calculated for each parent as if the other parent had primary residential responsibility, using each parent’s own net income; the lesser obligation is subtracted from the greater, and the parent with the greater obligation pays the difference (section 75-02-04.1-08.2). The extended-parenting-time adjustment does not apply.
Equal-residence example
Two children, a parent with $60,000 of gross income (obligation $1,188) and a parent with $36,000 (obligation $733): the higher earner pays $455 a month.
Split custody
If each parent has primary residential responsibility for at least one child, an obligation is determined for each parent for the children with the other, and the lesser is subtracted from the greater (section 75-02-04.1-03).
Questions to bring to an attorney
Ask whether your parenting plan exceeds 100 overnights or is equal residence and how the order states the overnights.
Other expenses
With equal residential responsibility, the court may still apportion specific expenses such as child care and school activity fees between the parents, in addition to the guideline amount (section 75-02-04.1-02(1)).
Frequently asked questions
How many overnights trigger the North Dakota parenting time adjustment?
More than 100 overnights a year scheduled by court order.
How is the North Dakota extended parenting time adjustment calculated?
Each child's share of the obligation is multiplied by (365 minus 0.32 times the overnights) divided by 365.
What is equal residential responsibility in North Dakota?
Each parent has residential responsibility for equal time as ordered by the court; both obligations are calculated and offset.
Does the 100-overnight adjustment apply to equal residence in North Dakota?
No. The adjustment is not authorized for equal residential responsibility.
What is split custody in North Dakota?
Each parent has primary residential responsibility for at least one of their common children.
Official sources
A local family law attorney can review your situation — many offer a free consultation.
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.