Child Support FAQs
Can you include a new spouse's income in the calculation of child support?
No. Income from a party's new spouse cannot be included in the determination of child support. Only the income of the spouse who is a party to the action can be considered.
My ex-spouse has recently quit his job to avoid paying me child support. Can he do that to reduce his support obligation?
If one parent voluntarily reduced their income or is capable of working, but is not, the Court has the power to award support based on that party's earning capacity or "imputed income."
My ex-spouse is making a considerably higher income now than he was 2 years ago when his support obligation was set. Are child support obligations modifiable?
Child support is modifiable by either party at any time until the support obligation terminates upon a showing of changed circumstances, including, but not limited to, changes in visitation schedules and changes in income. In North Dakota, the Regional Child Support Enforcement Units will periodically review cases where it has been at least 35 months since the order was entered or last reviewed. If a parent wishes to pursue an adjustment of the order and it has been less than 35 months, such action must be taken privately.
