N.D. Admin Code 75-02-04.1-08.1 - Adjustment for extended parenting time

1. For purposes of this section, "extended parenting time" means parenting time between an obligor and a child living with an obligee scheduled by court order to exceed an annual total of one hundred overnights. If a child support order includes an adjustment for extended parenting time under this section, the order must specify the number of parenting time overnights.

2. Notwithstanding any other provision of this chapter and as limited by subsection 3, if a court order provides for extended parenting time between an obligor and a child living with an obligee, the support obligation presumed to be the correct child support amount due on behalf of all children of the obligor living with the obligee must be determined under this subsection.

a. Determine the amount otherwise due under this chapter from the obligor for those children.

b. Divide the amount determined under subdivision a by the number of those children.

c. For each child, multiply the number of that child's parenting time overnights times .32 and subtract the resulting amount from three hundred sixty-five.

d. Divide the result determined under subdivision c by three hundred sixty-five.

e. Multiply the amount determined under subdivision b times each decimal fraction determined under subdivision d.

f. Total all amounts determined under subdivision e.

3. An adjustment for extended parenting time is not authorized if the parents of a child for whom support is being determined have equal residential responsibility according to section 75-02-04.1-08.2.

Notes

N.D. Admin Code 75-02-04.1-08.1

Effective August 1, 1999; amended effective July 1, 2011. September 1, 2015. Amended by Administrative Rules Supplement 371, January 2019, effective 1/1/2019. Amended by Administrative Rules Supplement 2023-389, July 2023, effective 7/1/2023.

General Authority: NDCC 50-06-16, 50-09-25

Law Implemented: NDCC 14-09-09.7, 50-09-02(12); 42 USC 667