Child Support And The SW&L Attorneys Calculator, Part 2

For years, the State of North Dakota has provided a child support calculator for the general public to use. It can be found at this web address, by clicking the word “calculator.” The Family Law Group at SW&L Attorneys has found the State’s calculator can be difficult to use for the general public. In light of the issues and complaints received regarding the State’s calculator, we have created our own child support calculator with the general, non-law trained, public in mind. It can be found here.

This is the second in a series of blogs that address common issues when calculating child support and how these issues are applied within the child support calculator created by SW&L Attorneys.

This particular blog article addresses self-employment income in North Dakota.

General Considerations

Here are some general considerations when it comes to determining a self-employed person’s child support obligation in North Dakota:

Income Determination: For self-employed individuals, the court will usually look at his or her gross income, which includes profits, dividends, and other sources of income related to their business. It may also involve examining business expenses to ensure that they are legitimate and necessary.

Financial Documentation: Self-employed persons may need to provide detailed financial documentation, such as tax returns, profit and loss statements and business records.

Imputing Income: This topic was discussed in the first part of this series of articles. Essentially, the rules are the same for self-employed individuals. If the self-employed person tries hiding income or underreported income, the Court can impute income based on that individual’s earning capacity.

Child Support Guidelines: North Dakota, like many other states, has its own set of rules (“guidelines”) that help determine the appropriate amount of child support based on the person’s income and other relevant factors. Particular to self-employment income, the North Dakota Guidelines say that a Court should average 5 years of the self-employed individual’s income when possible. This is likely because a self-employed individual’s income is subject to variance and averaging 5 years helps obtain a more accurate number with which to calculate child support.

SW&L Attorneys Calculator

The SW&L Attorneys Child Support Calculator, addresses self-employment income. Unlike the State’s calculator, our calculator simply asks you to enter the 5 year average. If you have dealt with the State’s calculator, you will see this is much easier to navigate and understand.

Family Law Attorney

After utilizing our child support calculator, if you find you need help with a child support calculation, or just want to talk to someone about child support, please contact SW&L Attorneys’ Family Law Group.

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