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The South Dakota Legislature has established guidelines which courts must use to determine that an equitable share of parental income and resources are allocated to the child when that child’s parents are separated, divorced or unmarried. The combined monthly net incomes of both parents must be used in determining the obligation and divided proportionately between the parents based on their respective net incomes. The noncustodial parent’s proportionate share establishes the amount of the child support order.
If using only the noncustodial parent’s monthly net income is within the low income obligation areas of the guidelines, the amount must be compared to the noncustodial parent’s proportionate share using both parent’s monthly net incomes. The lesser amount establishes the noncustodial parent’s child support order.
The court may also apportion the costs for child care and health and dental insurance between the parents. These guidelines are presumed appropriate unless either parent presents evidence warranting a deviation.
Orders are established in accordance with the statutory child support guidelines in SDCL 25-7-6.1 through 25-7-6. 25. To determine the child support payment based on the combined monthly net income of both parents and the number of children, you may use this online Child Support Obligation Schedule.
In situations where one parent has primary physical custody, the basic child support obligation worksheet calculates the basic child support a person may be ordered to pay under South Dakota Guidelines.
In numerous situations the parents of two or more children agree and/or the court orders a split custody arrangement where one parent will be the primary physical custodian of one or more children and the other parent will be the primary custodial parent of the other child(ren).
To calculate the child support obligation based upon a split custody arrangement, you may download the Split Custody Child Support Obligation Worksheet.
Under a shared responsibility parenting plan, each parent provides a suitable home for the child, the court order allows the child to spend at least 120 days in a calendar year in each home, and both parents have agreed in writing to share the duties, responsibilities and expenses of parenting, including any expenses for the child's education, recreation and entertainment activities. South Dakota allows for a cross credit calculation in determining the child support obligation. If the parents have a shared parenting plan, you may download the Shared Parenting Child Support Obligation Worksheet to calculate the child support obligation.