When situations change, so can the child support amount.
Your child support amount doesn’t automatically change. The child support amount is part of a court order, so changes to the amount must be made by a court order.
How do I get a review?
Either parent may request a review by submitting the Request for a Review to Child Support.
- Child support is required to review the order every 18 months if the custodial parent/caretaker receives Temporary Assistance to Needy Families (TANF), or the child is in Foster Care.
- Child Support orders can be reviewed every 18 months (18 months since the order was entered, last reviewed, or last changed) at the request of one of the parents when the case is receiving Full Services.
- The request for review will be denied if 12 months or less remain on the current support obligation or,
- A court action is pending to establish or change primary residential responsibility.
- If a parent is asking for a review before the 18 months, the case must meet one of the exceptions to the 18-month rule.
If the order is less than 18 months old and doesn't meet any of the exceptions to the 18-month rule, either parent can file a motion on their own with the court using the Child Support Modification forms created by the North Dakota Supreme Court or a hire private attorney.
You must fill out the Financial Declaration and Contact Information form and return them to Child Support along with your request for a review if:
- You are the parent who pays support or
- You and the other parent have split residential responsibility (split custody) or equal residential responsibility (equal custody) of your children.
Child support is based on the income of the parent paying support and other factors. North Dakota’s child support guidelines look only at the income of the parent paying support and not the income of the parent receiving support, so when a court order gives parents split residential responsibility or equal residential responsibility, a support amount is calculated for both parents.
When the review is complete, each parent will receive a copy of the proposed ordered amount and have an opportunity to agree or disagree with the results. A court must approve the final order.
How is the child support amount determined?
The Child Support Guidelines are used to calculate the support amount. The guidelines are a required method for setting the child support amount and must be used by Child Support, private attorneys, and the courts.
Use the Calculator to estimate the amount of your support payment. The calculator is for informational purposes only and should not be considered legal advice. The results are an estimate and depend on the accuracy of the information entered.
Studies show that orders based on parents’ ability to pay support results in more consistent payments and can lead to more positive co-parenting relationships.