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How to calculate Alimony Child Support in North Dakota: This DocketMath article is under primary-source review; claim-level legal values and citations are unavailable until verification is complete.

How to calculate Alimony Child Support in North Dakota

ND uses an obligor-side schedule under NDAC 75-02-04.1-10 keyed to monthly net income; this is sometimes loosely described as 'income shares' but is technically not — only the obligor's income drives the schedule lookup, with adjustments for shared parenting in NDAC 75-02-04.1-08.2. Statutory authority at NDCC 14-09-09.7. Spousal support under NDCC 14-05-24.1 is fully discretionary, applying the judicial Ruff-Fischer factors. Schedule cap $25,000/mo net.

The department shall establish child support guidelines, which shall be based on a consideration of the obligor's ability to pay. The guidelines must be based on the assumption that both parents have a duty to support their children. There is a rebuttable presumption that the amount of child support resulting from the application of the guidelines is the correct amount of support.

alimony child support in US-ND is governed by N.D. Cent. Code § 14-09-09.7; N.D. Admin. Code ch. 75-02-04.1 (child); § 14-05-24.1 (spousal support).

Ruff-Fischer guidelines (judicially established)

Duration of the marriage

Earning ability and education of each spouse

Financial circumstances and necessities of each party

Health and physical condition

Conduct during the marriage

Standard of living during marriage

Tax consequences

Long-term marriage: indefinite or permanent awards possible.

Mid-length marriage: awards commonly 60-80% of marriage length.

Short-term marriage: rehabilitative awards typical, often capped at 50% of marriage length.

In any proceeding under this chapter, the court, at any stage of the proceedings after final judgment, may make orders about what security is to be given for the care, custody, and support of the unmarried minor children of the marriage as from the circumstances of the parties and the nature of the case is equitable.

75-02-04.1-10. Child support amount.
The amount of child support payable by the obligor is determined by the application of the following schedule to the obligor's monthly net income and the number of children for whom support is being sought in the matter before the court.

3. In addition to any other factors the court considers relevant in determining the amount and duration of spousal support, the court shall consider:
a. The age of the parties;
b. The earning ability of each party;
c. The duration of the marriage;
d. The conduct of the parties during the marriage;
e. The station in life of each party;
f. The circumstances and necessities of each party;
g. The health and physical condition of each party; and
h. The financial circumstances of the parties as shown by the property owned at the time of the divorce, including the value of the property at the time of the divorce, the income-producing capacity of the property, and whether the property was acquired before or after the marriage.

How to calculate Alimony Child Support in North Dakota

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North Dakota — Alimony & Child Support

What the court will weigh

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