When and How to Modify Child Support in North Dakota

Life can be unpredictable. One or both of the parents  in a child custody or divorce matter can petition the court to change child support if circumstances warrant such a change. However, changes are not automatic, nor is a change guaranteed. There are specific steps parents must take and a specific threshold that must be met before child support will be adjusted. Understanding when and how to modify child support is essential to ensure parents don’t fall behind.

How Child Support Is Calculated in North Dakota

The North Dakota Child Support Guidelines outline the formula used by the court to calculate child support. The guidelines explain what qualifies as income and the documents required to verify income  (i.e., tax returns, W-2s, 1099s, balance sheets, paystubs, etc). Different types of income can be treated differently, such as bonuses, self-employment income, social security benefits, military benefits, or seasonal work. The definition of what qualifies as income is broad - almost everything is typically considered income for child support purposes.  The guidelines also consider specific deductions.  Things such as the cost of health, dental, and vision insurance purchased for the minor children, can be deducted from a person’s overall gross income, reducing their net income, and thus reducing their overall child support obligation. 

Valid Reasons to Modify Child Support

The court will not approve a child support modification simply because a parent wants it. For the court to approve a child support modification, a parent must show a valid reason.  That “valid reason” has to reach the legal threshold of a “material change in circumstances.”   This could be a change in income (either an increase or decrease), a change in one parent’s employment status,  changes in the child’s needs, or adjustments to parenting time above a certain threshold. 

Simply losing your job is not necessarily enough to qualify for a child support modification based on a change in income. The court may consider whether the loss of income is permanent or temporary. It will also consider if the income loss was the parent’s choice or outside of their control. A reduction in work hours may qualify a parent for a reduction in child support if the reduction is significant enough to affect their ability to pay.  A parent could also request a review of child support, and the court could order an increase, rather than a decrease, if the other parent has secured new employment with a significant pay increase. 

Other specific circumstances, as outlined in the child support guidelines, can result in a deviation from the presumptively correct or “base amount of child support.” These include change in the child’s medical care costs above a certain threshold, special needs of a child, travel expenses incurred for the purpose of exercising parenting time with the child, one parent covering the entire cost of daycare, after school care, or before school care, and other factors.  The deviation must also be found to be in the child’s best interests.  

A factor that can impact calculation of child support is the amount of each parent's parenting time. For parenting time to factor into the calculation, the non-custodial parent has to have more than 100 overnights per year or the parties have to have equal residential responsibility. When the parties have equal residential responsibility, both parties’ incomes are considered.  Each party has a child support obligation and each party’s obligation must be calculated.  The lesser obligation is subtracted from the greater obligation and the difference is paid from the parent with the greater obligation to the parent with the lesser obligation.  

When You Can Request a Modification

Under North Dakota law, a parent can request a child support modification when there is a material qualifying change. They can also request a review of child support by the State of North Dakota’s child support unit once every 18 months even without a significant life change. However, after conducting the review, will petition the Court to modify the obligation only if the new guideline calculation changes by a specific, required percentage. You can also petition the court, through your own attorney, for the modification even if the State of North Dakota’s process and required percentage change is inapplicable. 

The Court’s Process for Modification of Child Support

The legal process for modifying child support begins by filing a motion with the court. This filing will include the required financial disclosures and the evidentiary basis for the proposed child support calculation in the motion (i.e., paystubs, tax returns, etc).

While parents can file a modification motion independently, consulting a family law attorney can simplify the process. A lawyer will prepare the necessary documents, submit court filings, and respond to motions. They can advise on how best to present evidence to support a request for a child support modification. 

There may be motions, mediation, or a negotiated resolution. If necessary, there may be a court hearing where the judge reviews the facts and issues a ruling. There are several possible outcomes to your child support filing: 

• No change 
• Reduction of child support payments 
• Increase in child support payments 

If either parent disagrees with the outcome, they may appeal. 

Common Mistakes That Undermine Child Support Modification Requests

Sometimes parents make an informal agreement about child support between  themselves without seeking court approval for the change. Certain types of parental agreements, such as a waiver of child support altogether, or an agreement where child support is not calculated pursuant to the child support guidelines, are unenforceable, and will likely not be approved by the Court. North Dakota’s child support agency might also lodge a formal objection to any such agreement that does not comply with the guidelines. Additionally,  without an official court order, the original court ordered child support obligation  remains in place and enforceable. 

Another common mistake is waiting too long to file a motion for a child support modification. If the court approves a change, it takes effect on the date of filing or the date the court enters the order, not the date the circumstances changed. Waiting to file a child support modification motion allows the unpaid balance to grow. Waiting even longer could result in enforcement actions to take effect that would otherwise have been avoided. 

Providing incomplete or inaccurate financial records to the court is a big mistake. The courts rely on these documents to make accurate determinations about child support. Failing to submit complete or accurate financial information could result in the court denying the modification request, or in some cases, imposing sanctions and  penalties for the lack of honesty and forthrightness in the financial disclosures. 

Seek a Child Support Modification 

Parents who wish to have a child support obligation modified who act early and follow the correct process are far more likely to achieve an outcome that reflects their current reality.

Fremstad Law Office represents parents throughout North Dakota in child support and custody matters, offering steady guidance during moments of uncertainty. Attorneys Lesley Foss and Amber Cleveland approach each case with a focus on protecting children while helping parents move forward with confidence.

If you are looking to request a child support modification, we welcome you to contact us online or by calling (701) 401-9423 to learn how we can assist you.