Getting Child Support

If you are on public assistance and have physical custody of the child you will be required to assign your right to collect child support over to the State; and

Cooperate with county social services ; and to

Cooperate with the child support enforcement unit.

A good cause exception may be granted if cooperation in securing child support is reasonably anticipated to result in

1. Physical or emotional harm to the child.
   
   
2. Physical or emotional harm to the parent or caretaker relative with whom the child is living.

If you are not on public assistance:

• Ask the child support enforcement unit for help; or
  
  
• Find a private lawyer to represent you.

How Is the Amount Set?

Based on guidelines set by the North Dakota Department of Human Services.

How Are the Guidelines Used?

The guidelines address the income of the parent who does not have custody (the noncustodial parent).

First, gross income is considered

Gross income includes items such as wages, prizes and inheritance

Deduction allowed from gross income:

• Federal and state income taxes at standard rates;
• Federal social security/medicare taxes
• The child’s health insurance premiums
• The child’s uncovered medical expenses
• Required employment union dues
• Required employment retirement deductions
• Ongoing special employee expenses

  If the Non-custodial Parent Has a Duty to Support Other Children Additional Deductions May Be Allowed

What If the Non-custodial Parent Has No Income?

Courts use a method which results in the highest amount for child support purposes

Methods taken into consideration:

• Gross minimum wage or
• Gross wages earned generally in that field, or
• Greatest average gross earnings over a period of time.

Can Courts Order Payments Not Within the Guidelines?

Yes, IF facts show a different ability to earn income than what is in the guidelines

Courts can order higher child support amounts based on, for example,

• very high income, or
• many children, or
• children needing special care due to disabilities, or
• the noncustodial parent getting rid of property and trying to get out of paying some or all child support

Courts can order lower child support amounts based on, for example,

• visitation
• hardship, such as a tragic event
• special health needs of the noncustodial parent

If the child support unit is reviewing the case:

• Requests outside of the guidelines must be submitted before the review begins.

What If I Live in an Expensive Part of the Country?

Normal living expenses, even in states where the cost of living may be higher, are not considered by the court.

Does It Cost Anything If The Child Support Enforcement Agency Helps Establish Child Support?

• If you have ever been on AFDC or TANF, you canot be charged a fee for services.
  
  
• If you have not received AFDC or TANF you may be required to pay a fee.

Visitation and child Support Are Separate Issues:

The non-custodial parent is entitled to visitation with the child regardless of whether child support payments are current

Disclaimer: This information is not legal advice. If you have a legal problem, you should talk to a lawyer and ask for advice about your options.

March 2008
42 USC 657
NDAC 75-02-01.2.37
75-02-04
75-02-04.1