Changing a child support order
If your situation changes, your child support amount may also change. However, it does not change automatically. Child support is part of a court order, so only a court can change the amount.
How do I ask for a review?
Either parent may request a review by filling out and sending a Request for a Review form to Child Support.
Child support must review the order every 18 months if:
- The custodial parent or caretaker receives Temporary Assistance to Needy Families (TANF), or
- The child is in Foster Care.
If the case is receiving Full Services, either parent can ask for a review every 18 months. 18 months is counted from the date the order was entered, last reviewed, or last changed.
Your request will be denied if:
- There are 12 months or less left on the current support order or,
- There is a court action already in progress to establish or change primary residential responsibility.
If you ask for a review before the 18 months have passed, your case must meet one of the exceptions to the 18-month rule.
If the order is less than 18 months old and does not meet an exception, either parent may file a motion directly with the court. You can use the Child Support Modification forms created by the North Dakota Supreme Court, or you may hire a private attorney.
Forms you may need to complete
You must fill out the Financial Declaration and Contact Information form and return them to Child Support along with your request if:
- You are the parent who pays support or
- You and the other parent have split or equal residential responsibility (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. When parents have split or equal residential responsibility, a support amount is calculated for both parents.
When the review is complete, both paretns will receive a copy of the proposed ordered amount. Each parent can 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. These guidelines must be used by Child Support, private attorneys, and the courts.
You can use the online Calculator to estimate the amount of your support payment. The calculator is for general information and is not legal advice. The amount is only an estimate and depends on the accuracy of the information you enter.
Research shows that when support orders are based on a parent's ability to pay, payments are mor consistent and co-parenting relationships are often more positive.