South Dakota Child Support

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South Dakota child support is calculated using a specific set of guidelines. These guidelines are designed to be in the best interests of the child and will be used to help the Court determine the correct amount of child support. Either or both parents may be ordered to pay child support in South Dakota.

The amount of South Dakota child support arrived at under the formula may deviate if the Court finds it necessary. The Court will consider if there are any special needs of the child, the effect of custody and visitation provisions, and the financial condition of either parent that would make application of the schedule inequitable along with any income tax consequences and income from other persons. If there is an agreement between the parents which provide other forms of support for the direct benefit of the child or a voluntary reduction in the income of either parent or any other support obligation of either parent the Court may agree to deviate from the child support guideline when awarding support.

In addition to basic child support, which is the amount of child support arrived at under the South Dakota child support guidelines, the Court can order the parents to contribute to the cost of the child’s health insurance. In general, medical insurance coverage for the child and how medical bills will be paid is set out in the marital settlement agreement. Usually, if a reasonable medical insurance plan is available through one of the parent’’s employment, they are required to cover their child on it. Under South Dakota child support statutes, the custodial parent pays the first $250 of any uncovered medical expenses, and the remainder is split between the parents based on their percentage of support under the guidelines.

Most states, including South Dakota, have a provision for withholding child support directly from the earnings of the parent who has been ordered to provide support. The payments are withheld much like income tax is withheld from earnings payments. The payment of child support through the state agency is now mandatory in every case in South Dakota. Paying South Dakota child support in this manner is generally easier for both parties.

South Dakota child support orders are subject to change or modification. To obtain a modification, the requesting parent must establish that a significant change in circumstances has occurred. In most situations, this involves either a substantial change in or in the living arrangements of the children.

South Dakota child support terminates 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 will also automatically be ineligible for child support if that child marries, is removed from disability status by a court order, or the child dies.