How to collect unpaid child support in North Dakota

Arrears, interest and enforcement, with a letter to the agency.

Checked against official sources: Oct 25, 2026.

Short answer

Arrears means child support that is past due. Simple interest is charged on past-due support ordered by a North Dakota court, at the yearly judgment rate (10% for 2026: prime rate plus 3 points).

License suspension
2 months of support or $2,000 past due, whichever is less, or breaking a payment plan.
Passport denial
Over $2,500 past due (federal law)

What the agency can do in North Dakota

Arrears means support that is past due. The child support agency can use these tools to collect it:

  • Income withholding
  • Federal and state tax refund intercept
  • Credit bureau reporting
  • Passport denial ($2,500 past due)
  • Driver's, occupational and recreational license suspension
  • Vehicle registration hold
  • Public Lien Registry and liens on property
  • Gaming and lottery winnings intercept
  • Freezing and seizing bank accounts
  • Order to show cause (contempt) hearing
  • Criminal prosecution

Law: North Dakota HHS Child Support enforcement table; N.D. Cent. Code ch. 14-09

Ask the agency in writing to collect what is owed: Ask the agency to collect unpaid support

Does unpaid support grow in North Dakota?

Simple interest is charged on past-due support ordered by a North Dakota court, at the yearly judgment rate (10% for 2026: prime rate plus 3 points). Interest counts as child support, and payments on arrears go first to the oldest interest. A payment plan can suspend interest, and remaining interest may be waived after you comply. Orders from other states carry that state's interest rules unless a North Dakota court modifies them.

Law: N.D. Cent. Code 14-09-08.19, 14-09-25, 28-20-34

Court action in North Dakota

At an order to show cause hearing a judge or referee decides if the paying parent is willfully not paying. Missing the hearing can lead to an arrest warrant. Willful nonpayment can also be prosecuted, up to a Class C felony.

What federal law adds

  • Tax refunds. The federal government can take a federal tax refund to pay past-due child support. Law: 42 U.S.C. 664
  • Passports. A parent who owes more than $2,500 in past-due support can be refused a passport. Law: 42 U.S.C. 652(k)
  • Pay withholding limit. For support, up to 50% of take-home pay can be withheld if the parent supports another spouse or child, or 60% if not. It is 55% or 65% when support is more than 12 weeks behind. Law: 15 U.S.C. 1673(b)
  • Past-due support. Each unpaid payment becomes a judgment on the day it is due. It can't be lowered later, except back to the date the other parent got notice of a request to change the order. Law: 42 U.S.C. 666(a)(9)

Licenses in North Dakota

2 months of support or $2,000 past due, whichever is less, or breaking a payment plan

In nearby states

What to do now in North Dakota

  1. Keep a payment record

    Keep a log of every payment and every missed payment.

  2. Ask the agency to enforce

    Contact North Dakota Health and Human Services, Child Support ((701) 328-5440) · Apply online

  3. Tell the agency about income

    Leads about income or address speed up collection.

  4. Get the numbers in writing

    Request a written statement of what is owed.

  5. Talk to legal aid

    Legal aid can help for free: Legal Services of North Dakota.

Free help in North Dakota

Questions about unpaid support in North Dakota

What happens if child support is not paid in North Dakota?

Arrears means support that is past due. The child support agency can use these tools to collect it: Income withholding; Federal and state tax refund intercept; Credit bureau reporting; Passport denial ($2,500 past due); Driver's, occupational and recreational license suspension; Vehicle registration hold; Public Lien Registry and liens on property; Gaming and lottery winnings intercept; Freezing and seizing bank accounts; Order to show cause (contempt) hearing; Criminal prosecution.

Can unpaid support cost a driver's license in North Dakota?

2 months of support or $2,000 past due, whichever is less, or breaking a payment plan

Can a parent go to jail for unpaid support in North Dakota?

At an order to show cause hearing a judge or referee decides if the paying parent is willfully not paying. Missing the hearing can lead to an arrest warrant. Willful nonpayment can also be prosecuted, up to a Class C felony.

Is there interest on unpaid child support in North Dakota?

Simple interest is charged on past-due support ordered by a North Dakota court, at the yearly judgment rate (10% for 2026: prime rate plus 3 points). Interest counts as child support, and payments on arrears go first to the oldest interest. A payment plan can suspend interest, and remaining interest may be waived after you comply. Orders from other states carry that state's interest rules unless a North Dakota court modifies them.

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