South Dakota child support basics encompass the fundamental principles, calculations, and requirements that govern how parents share the financial responsibility of raising their children after separation or divorce. Whether you're the custodial parent receiving child support or the noncustodial parent responsible for paying, understanding South Dakota child support basics helps you navigate the system, ensure children receive adequate support, and comply with court orders that remain enforceable until children reach adulthood.
What Is Child Support and How Does It Work?
Child support represents the financial contribution that both parents make toward raising their children. Both parents have a legal duty to support their children regardless of whether they're married, separated, or divorced.
Basic Child Support Principle
In most cases, South Dakota law assumes that the parent with whom the child lives most of the time (the custodial parent) spends money directly on the child through daily care expenses. Because of this assumption, child support orders typically require the noncustodial parent to pay the custodial parent a monthly child support amount to help cover the child's needs.
Role of the Division of Child Support
The Division of Child Support (DCS), part of the South Dakota Department of Social Services, works with parents, employers, and other partners to help ensure children receive court-ordered child support and medical support. The DCS helps with establishing paternity, setting up child support orders, collecting on existing child support orders, modifying orders when circumstances change, and locating non-paying parents.
How Long Does Child Support Last?
Child support obligations continue for a defined period based on the child's age and circumstances.
Standard Termination Age
In South Dakota, child support will last until your child turns 18, or your child turns 19 if they are still a full-time student in high school. The support duty extends beyond 18 only when the child hasn't yet graduated from high school, recognizing that many children turn 18 during their senior year.
No Automatic Termination
Child support obligations don't automatically end when a child reaches the termination age. The parent paying support must continue making payments until the court formally modifies or terminates the order. When a child emancipates, the child support obligation remains the same until the order is modified, even if there are younger siblings covered by the same order.
Voluntary Extensions
Parents may agree to extend child support beyond the legal cutoff date, such as when they want to help a child through college. It's best to submit the written, signed agreement to the court so it becomes part of an official order, making it easier to enforce if one parent later refuses to honor the commitment.
South Dakota Child Support Guidelines and Calculations
South Dakota child support guidelines provide the framework courts use to determine appropriate support amounts, ensuring consistency and fairness across cases.
How Child Support Is Calculated
Child support obligations are determined by courts using guidelines set out in state law. When parents are separated, divorced, or unmarried, the South Dakota child support guidelines help ensure both parents share the cost to support their child.
The calculation process works as follows: The court determines each parent's net income, adds those amounts together to get a combined monthly net income, looks up the baseline child support obligation for that income level and number of children in the statutory schedule, and then splits that obligation between parents in proportion to each parent's share of the combined income.
Net Income
Net income is gross income minus allowable deductions. Gross income includes money received regularly from employment (wages, salaries, bonuses if regular, commissions if regular, overtime if regular), self-employment income, investment income including interest, dividends, and rent, disability benefits, veterans benefits, workers' compensation benefits, pension and retirement payments including Social Security, and unemployment benefits or reemployment assistance.
To calculate net income, the following deductions are subtracted from gross income: income taxes based on single taxpayer filing status, Social Security and Medicare taxes, contributions to qualified retirement plans up to 10% of gross income, actual unreimbursed expenses for the employer's benefit, and payments under other existing support orders.
Income Presumptions and Minimum Wage
South Dakota law presumes that most parents can work at least 35 hours per week at the state's minimum wage. This presumption means that for purposes of determining a child support obligation, a parent is capable of being employed a minimum of 1,820 hours per year at minimum wage.
Parents may overcome this presumption with evidence proving they're incapable of that level of work due to disability, incarceration exceeding 180 days, or diligent but unsuccessful efforts to find suitable employment.
When Courts May Impute Income
Judges may impute (assign) income to any parent who is voluntarily unemployed or underemployed, hasn't provided adequate proof of actual income or employment status, or is currently getting education or retraining that will reasonably lead to higher income to pay child support.
The court bases imputed income on relevant circumstances, including the parent's residence, qualifications and work history, recent earnings and job search history, existing job opportunities and local wage levels, and any obstacles to employment including age, literacy, health, and criminal record.
Child Support Calculation Comparison Table
The amount of child support varies significantly based on parents' incomes and custody arrangements. Here's how different scenarios affect monthly child support obligations:
Scenario | Parent A Income | Parent B Income | Custody Arrangement | Monthly Support | Who Pays |
Example 1 | $4,000 | $2,400 | Parent A has primary custody (Parent B < 180 nights/year) | $594 | Parent B pays Parent A |
Example 2 | $4,000 | $2,400 | Parent B has primary custody (Parent A < 180 nights/year) | $990 | Parent A pays Parent B |
Example 3 | $4,000 | $2,400 | Shared custody (each parent ≥ 180 nights/year) | $313 | Parent A pays Parent B |
Example 4 | $4,000 | $4,000 | Equal 50/50 custody split | $0 | Neither parent pays |
Example 5 | $3,000 | $1,500 | Parent A has primary custody | $372 | Parent B pays Parent A |
Example 6 | $5,000 | $3,000 | Shared custody (minimum 180 nights each) | $400 | Parent A pays Parent B |
Medical Support Requirements
Child support orders in South Dakota must include medical support provisions addressing health care for children.
Health Insurance Coverage
The court will enter a medical support order explaining how your child's health care needs will be covered. If either parent has private health insurance that can include the child at "reasonable cost," that parent might be ordered to add the child to the plan. Enrolling the child in public health coverage instead would not satisfy the medical support obligation when private insurance is available at a reasonable cost.
Sharing Insurance Costs
The cost of health insurance premiums is divided between parents based on their income proportions. If one parent pays the entire premium amount because it's deducted from their paycheck, they receive either reimbursement from the other parent (if they're receiving child support) or a credit against their child support payments (if they're paying support).
Unreimbursed Medical Expenses
The parent with primary custody is responsible for paying the first $250 of additional health care costs in each calendar year. After that threshold, both parents divide unreimbursed medical costs in the same proportions as their support obligations are divided.
Additional health care costs must be reasonable and can include medical care, dental care, orthodontic care, optometric care, psychological or psychiatric care, and other necessary health services not covered by insurance.
Additional Child Support Adjustments
While the basic child support obligation comes from the guideline schedule, courts may adjust amounts for specific expenses.
Child Care Expenses
Unlike some states, South Dakota's child support calculations don't automatically build in child care adjustments. However, courts may order parents to share the reasonable costs of child care required because of either parent's employment, job search, or work-related education.
These expenses are divided between parents based on their proportionate incomes, ensuring both contribute to enabling parent employment while maintaining quality care for children.
Special Circumstances
Courts may also order parents to share substantial costs for the child's travel between parents who live far apart. This recognizes that maintaining parent-child relationships across distances creates additional expenses that should be fairly allocated.
Self-Support Reserve
The guideline schedule includes a "self-support reserve" ensuring noncustodial parents have enough money remaining after paying child support to cover their own basic needs. This prevents support orders from leaving the paying parent unable to maintain basic housing, food, and other necessities.
Shared Custody and Split Custody Situations
Different custody arrangements affect child support calculations significantly.
Shared Physical Custody
If a custody order contains a detailed shared parenting plan providing that children reside no less than 180 nights per calendar year in each parent's home, and parents share duties, responsibilities, and expenses in proportion to their incomes, the court may grant a cross credit on the amount of the child support obligation based on the number of nights children spend with each parent.
The court considers whether shared parenting child support cross-credit would have a substantial negative effect on the child's standard of living. The Division of Child Support does not calculate shared parenting child support obligations—courts handle these calculations.
Split Custody Arrangements
In split custody situations where one parent has primary physical custody of one or more children while the other parent has primary custody of other children, each parent's support obligation for the children in the other parent's custody is calculated separately. The obligations are then compared to determine the monthly child support payment. The parent with the higher obligation pays the difference to the other parent.
Deviations from Guideline Amounts
Courts may deviate from guideline child support amounts under specific circumstances.
Reasons for Deviations
If you believe you should be paying or receiving an amount of child support higher or lower than the guideline calculation, you may request the court consider a deviation based on either parent's financial condition making the guideline amount unfair, education or health care expenses necessary for the child's special needs, the impact of parents' agreements to provide extra support forms, a parent's voluntary unreasonable actions leading to unemployment or underemployment, or in certain situations, a new spouse's income, someone else's contribution to a parent's income or expenses, or obligations to support children from new relationships.
Agreements Above or Below Guidelines
Parents may agree on child support amounts, and most eventually do. However, they must submit written agreements to the court for review. Judges typically accept amounts higher than guideline calculations without issue. For below-guideline agreements, judges must find that the agreement meets acceptable reasons for deviations or serves the child's best interests.
Establishing Child Support Orders
The process for establishing child support depends on whether parents are married or unmarried.
During Divorce or Legal Separation
When parents are getting divorced or legally separated, child support is handled as part of that legal process. You can request child support when you file for divorce papers. The court addresses child support along with custody, property division, and other divorce-related matters.
For Unmarried Parents
If you aren't married to your child's other parent, you may request child support through the Division of Child Support. The DCS can help establish the child's paternity if necessary, then proceed with establishing a child support order once paternity is confirmed.
Order Establishment Timeline
Once a parent has been located, the DCS serves them with a Notice of Support Debt advising them of their duty to support the child and requiring them to respond with a financial statement. If the parent doesn't respond, DCS proceeds with obtaining a default order based on available wage data. If the parent responds and provides financial information, the child support obligation is calculated based on that information. Either parent may request a hearing regarding the Notice of Support Debt.
The length of time to establish an order varies depending on whether the parent needs to be located, any difficulties serving the Notice of Support Debt, and whether a hearing is requested.
Income Withholding and Payment Processing
South Dakota law requires specific payment methods to ensure consistent child support payments.
Automatic Income Withholding
South Dakota law requires all child support orders to include immediate income withholding language. If the child support order contains this language and the person receiving child support has applied for DCS services, DCS issues an income withholding order to the employer.
With income withholding, the employer deducts the amount of support payments from the parent's paycheck and sends the money to the DCS Child Support Payment Center. The DCS then forwards the money to the custodial parent through direct deposit or prepaid debit card.
Alternative Payment Arrangements
DCS may enter into alternative payment agreements instead of issuing income withholding orders. The person paying support may enter into an authorization agreement allowing DCS to withdraw the monthly child support obligation, plus any arrears amounts, directly from their financial institution account.
Payment Processing Timeline
The Child Support Payment Center generally processes all payments within two business days of receipt. Parents receiving child support must allow two to three days for mail delivery. DCS accepts electronic funds transfers from employers and disburses child support payments electronically through direct deposit or the Way2Go prepaid debit card.
Enforcing Child Support Orders
When parents don't pay child support as ordered, multiple enforcement mechanisms exist.
Common Enforcement Methods
The most common enforcement method is income withholding orders to employers. If an employer cannot be located and the parent doesn't pay, DCS reviews the case and determines appropriate enforcement action. Available enforcement tools include IRS tax refund offsets, passport restrictions, referral to court for nonpayment, lottery winnings intercepts, and license restrictions.
License Restrictions
Driver's licenses, professional licenses, and hunting and fishing licenses are automatically restricted when the person paying support owes $1,000 or more in child support arrears, equaling at least three months of the monthly child support obligation. For example, if monthly support is $1,000, arrears must reach at least $3,000 before restriction occurs.
Restrictions are removed by paying arrears in full, entering into a repayment agreement with DCS, or requesting administrative review if the person believes their license shouldn't be restricted.
Credit Reporting and Other Actions
Federal and state regulations require child support agencies to submit child support arrears for IRS offset, credit bureau reporting, and license restriction when arrears reach specified amounts. These actions occur automatically based on arrears levels, not based on whether the parent is currently making payments.
Court Contempt Proceedings
Either DCS or the parent owed support may file a motion with the court requesting that the delinquent parent be found in contempt. Contempt findings can lead to fines and even jail time for repeated or egregious nonpayment.
Modifying Child Support Orders
Life circumstances change, and child support orders can be modified to reflect new situations.
When Modification Is Allowed
For child support orders issued or last modified after July 1, 2022, modification requires proving a substantial change in circumstances if filed within three years of the order date, or can proceed without proving a change in circumstances if filed after three years since the order.
For orders issued or last modified before July 1, 2022, judges may modify child support even without proof of changed circumstances.
What Constitutes Substantial Change
A substantial change in circumstance could include a significant increase or decrease in either parent's income, child care expenses no longer being incurred, a child graduating from high school with other minor children remaining in the order, or other material changes affecting the financial situation.
Modification Process
To request modification, file a modification petition through DCS or directly with the court. The Circuit Court is the only entity that can modify a child support obligation. Just because you've requested modification doesn't guarantee the court will grant it—judges decide whether modification is appropriate under the guidelines after reviewing both parents' current finances and relevant information.
No Automatic Adjustments
Child support obligations don't automatically reduce when the oldest child emancipates or when custody arrangements informally change. The majority of South Dakota child support orders state a specific total amount rather than per-child amounts. Until the order is formally modified, the original payment amount remains in effect regardless of changed circumstances.
Important Reminders About South Dakota Child Support Basics
Several critical points about South Dakota child support basics deserve emphasis to avoid common misunderstandings.
Child Support and Parenting Time Are Separate
Child support and parenting time are separate matters. A custodial parent cannot withhold parenting time if the other parent fails to pay child support, and a paying parent cannot withhold support if the custodial parent doesn't allow parenting time. These separate issues must be addressed through separate legal processes.
Both Parents Remain Responsible
Even if your child has been placed with the Department of Social Services, both parents are still responsible for supporting their child. Placement outside parental custody doesn't eliminate parental financial obligations.
Terminating Parental Rights Doesn't Eliminate Support
Courts will not terminate parental rights just so a parent doesn't have to pay child support. Normally, there must be another person willing to step up financially to help support the child through adoption or a similar legal relationship.
Orders Remain Valid After Case Closure
When DCS closes a child support case, and a current support obligation still exists, the child support order remains valid. DCS establishes a non-enforced case on their computer system but doesn't maintain ledger balances, track payments, or provide enforcement actions. If you reapply for DCS services later, the person paying support may be responsible for all support that accrued while the order wasn't being enforced.
Resources and Assistance
South Dakota provides multiple resources to help parents understand and navigate the child support system.
Online Calculator and Worksheets
The South Dakota Department of Social Services provides a child support obligation calculator and worksheets to help estimate child support. The online calculator works for situations where one parent has primary custody and provides estimates only—actual court orders may differ. For shared parenting situations with at least 180 nights per year with each parent, use the separate shared parenting child support obligation worksheet.
Division of Child Support Services
The DCS offers comprehensive services, including case establishment, paternity establishment, order establishment, payment processing, and enforcement assistance. Contact DCS at 605-773-3641 or email DCS@state.sd.us for assistance.
When to Consult an Attorney
Despite available resources and DCS services, some situations require family law attorney assistance, particularly when arguing for or opposing deviations from guidelines, handling shared or split custody arrangements, addressing complex income situations, dealing with interstate enforcement issues, or navigating contested establishment or modification proceedings.