Child Support in South Dakota
Child support evens out the financial responsibility divorced or separated parents have for their child. One parent pays the other until the child turns 18 (or, if the child is still in high school then, until they graduate or turn 19).
The nonprimary parent usually pays. If parents have joint physical custody (at least 180 overnights each per year), the parent who makes more generally pays, but they get a reduction.
Child support overview
South Dakota has child support guidelines to determine which parent pays support and how much.
The parent paying support is the obligor. The parent receiving support is the obligee.
The support amount is based on:
- Combined parental income: Take each parent's monthly income after qualifying deductions, then add the incomes together.
- Number of children: Count every child the parents share under 18 (or under 19 and in high school).
- Parenting time: If the obligor has at least 180 nights a year, they may qualify for a shared parenting cross credit.
- Other expenses and deductions: The kids' healthcare premiums and private school tuition are some of the expenses considered.
The support obligation schedule shows how much parents should pay based on combined parental income and number of children.
Generally, the obligor pays a portion of the obligation based on their share of the combined income. For example, if they make 70% of the combined income, they pay 70% of the obligation. The amount is adjusted for parenting time and other expenses if need be.
Parents can agree to a different support amount. If it's different than the guideline amount, they'll need to explain why (e.g., in their parenting plan) and get approval.
After paying support, the obligor should have enough money left over to support themself. If they wouldn't, the court can base support on the parent's income alone, rather than combined income.
South Dakota ranks among the 15 states with the highest support obligations, according to a study by Custody X Change. Get a quick estimate of your support obligation using the calculator above. Use South Dakota's child support calculator to get a more exact amount.
Applying for child support
You can request a child support order when you petition for custody through the circuit court. Or you can request child support services through the Department of Child Support (DCS).
If you go through DCS, they'll help you manage and enforce your support order. There's a $5 application fee. (DCS can also enforce alimony, but only if you also have a child support order.)
If you're married and your spouse has left the family home, after 30 days, you can file a motion to request a temporary child support order. To request a final order, you'll need to apply through one of the above methods.
Once you get a support order, you must file a Child Support Order Filing Data form with the clerk of court.
Paying child support
Support is typically paid via income withholding. This means the money is automatically taken from the obligor's pay.
Alternatively, by court order or agreement, the obligor can pay support by:
- Online payment
- Cash
- Check or money order
- Direct debit from bank account
Obligees have two options for receiving child support: on a prepaid card or deposited to their bank account.
Modifying child support
After three years, you can request a support modification. (You can use Guide and File to automate the process.)
You can request a modification sooner if there's been a substantial change in circumstances, like:
- A parent had a change in income.
- You no longer need to pay for daycare.
Support ends automatically once the child is no longer eligible.
Enforcing child support
If you have a case with DCS, they will take enforcement action if your co-parent misses payments.
If you don't have a case with DCS, you can file a motion to ask the court to enforce your support order.
Possible penalties for not paying support include:
- Suspension of driver, professional, hunting or other licenses
- Contempt of court — which could result in jail time
- Seizure of tax refunds and lottery winnings
You can request that the obligor pay late fees if three or more support payments have been at least 10 days late, or if they paid less than 90% of the support amount for three or more payments.
Even after support ends, the obligor must pay the obligee child support arrears if they missed support payments.
Getting an accurate child support order
South Dakota allows a child support adjustment if the child spends significant time with the obligor.
Estimating your number of overnights, rather than calculating them exactly, can impact your child support order by thousands of dollars a year.
The Custody X Change app lets you quickly calculate your time with your child.
Try this with Custody X Change.
Whether you're paying or receiving child support, use Custody X Change to make sure your calculation is exact. The number will affect you, your child and the other parent for years to come.