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South Dakota Child Support
Child Support in South Dakota

In South Dakota, either or both parents may be ordered to pay child support. Official South Dakota Child Support guidelines are followed unless one of the following factors convinces the courts to adjust them:

  • the financial condition of either parent would make the guidelines unjust;
  • any income tax consequences;
  • any special needs of the child;
  • any income from others besides the parents;
  • the effect of the custody and visitation decisions;
  • an agreement between the parents that provides other forms of support that benefit the child;
  • a voluntary reduction in the income of either parent;
  • any other obligations of financial support for subsequent children.

The support payments may be ordered paid through the court clerk. Wage withholding orders may also be ordered.

Child support is described in the South Dakota Codified Laws; Title 25, Chapters 25-3-11, 25-4-38, 25-4-45, 25-7-6.2 to 25-7-6.12, and 25-7A-9.

Child support is typically calculated by using a Child Support Worksheet. The worksheet generates an appropriate South Dakota child support obligation based on each spouse's income and other factors, such as taxes paid and retirement contributions. Parents should always look at any appropriate South Dakota child support deviation factors that may be applicable. Additional information about South Dakota child support can be found in the South Dakota state statutes.

In South Dakota, the parent with the higher income is responsible for the larger portion of the the child support, and vice versa. If a noncustodial Dad earns $4,000 a month, and a custodial Mom earns $1,000 a month, Dad's share of the support comes to 75 percent; Mom's 25 percent.

Called the Income Shares Model, the order is based on the noncustodial parents's share and payable from the noncustodial parent to the custodial parent.

The Income Shares Model estimates the amount of support that would have been available if the marriage had not failed. This estimated amount is then divided proportionally to the parents according to each parent's income. This is easy to do using the South Dakota child support worksheet. Pay records typically substantiate the estimated incomes.

South Dakota accepts shared parenting routines where children live with each parent for a minimum of 180 overnights a year. In this regime, the more time the children spend with the noncustodial parent, the smaller his or her support payments.

Calculate South Dakota Child Support

Other Expenses and Deductions

Generally, medical insurance coverage for the child and payment of medical bills is set out in the marital settlement agreement. Usually, if a reasonable medical insurance plan is available through one of the parent's employment, he or she is required to cover their child on it.

By state statute, the parents divide uninsured medical expenses based on the percentage each pays in child support after the first $250, which is paid by the custodial parent.

In South Dakota, parents divide the cost of child care and medical insurances proportionally. Extraordinary medical bills may go to the noncustodial parent when they are not covered by insurance, but medical expenses for chronically ill children are divided proportionally. Child support pays for extracurricular school actives. South Dakota considers spousal income, number of children, and the number of overnights.

Child Support Enforcement

When divorce ends a marriage, the South Dakota Division of Child Support insures a stable financial footing for the children.

Any custodial party may avail himself or herself of the South Dakota Division of Child Support. This includes men who need help establishing paternity and those who receive assistance. Guardians of minor children are referred to the Division of Child Services.

Child Support Specialists provide assistance in the following ways: locating noncustodial parents, establishing paternity, establishing or modifying child support and medical support orders, enforcing support orders, and collecting and processing support payments.

DCS Customer Connect provides recent payment information via a secure website.

More information about South Dakota Child Support Enforcement can be found at their website.

Emancipation

Generally, the obligation ends when the child reaches 18 years of age unless the child is still in high school - in which case the support ends upon the child's graduation from high school, or the child's 19th birthday, whichever occurs first. A child becomes ineligible for child support if that child marries, is removed from disability status by a court order, or dies. Private school tuition is not an obligation of the noncustodial parent.

Deviation Factors

Childcare, extraordinary medical expenses, and private school tuition are all deviation factors.

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