South Dakota Codified Laws
Chapter 07 - Support Obligations
Section 25-7-6.1 - Obligation of parents to support child--Liability of absent parent--"Continued absence from the home".

25-7-6.1. Obligation of parents to support child--Liability of absent parent--"Continued absence from the home".
The parents of a child are jointly and severally obligated for the necessary maintenance, education, and support of the child in accordance with their respective means. Until established by a court order, the minimum child support obligation of a parent who fails to furnish maintenance, education, and support for his child, following a continued absence from the home, is the obligor's share of the amount shown in the support guidelines, commencing on the first day of the absence. For the purposes of this section, "continued absence from the home," means that the parent or child is physically absent from the home for a period of at least thirty consecutive days, and that the nature of the absence constitutes family dissociation because of a substantial severance of marital and family ties and responsibilities, resulting in the child losing or having a substantial reduction of physical care, communication, guidance, and support from the parent.

Source: SL 1989, ch 220, §1; SL 1992, ch 182, §1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 25 - Domestic Relations

Chapter 07 - Support Obligations

Section 25-7-1 - Duty to support spouse.

Section 25-7-2 - Liability for necessaries supplied to spouse.

Section 25-7-3 - Abandonment or separation of spouses--Liability for support.

Section 25-7-4 - Failure to support spouse as felony.

Section 25-7-5 - Duty to support spouse.

Section 25-7-6.1 - Obligation of parents to support child--Liability of absent parent--"Continued absence from the home".

Section 25-7-6.2 - Support obligation schedule.

Section 25-7-6.3 - Determination of parents' monthly net income--Sources of income.

Section 25-7-6.4 - Rebuttable presumption of employment at minimum wage.

Section 25-7-6.5 - Assets considered when income insufficient.

Section 25-7-6.6 - Profits or losses shown on federal income tax schedules as gross income--Court allowance of deduction.

Section 25-7-6.7 - Allowable deductions from monthly gross income.

Section 25-7-6.9 - Income above the schedule--Child support adjusted to appropriate level.

Section 25-7-6.10 - Factors considered for deviation from schedule.

Section 25-7-6.11 - Periodic adjustments in support.

Section 25-7-6.12 - Review and amendment of schedule.

Section 25-7-6.13 - Modification of prior orders of support.

Section 25-7-6.14 - Abatement of portion of child support--Modification.

Section 25-7-6.15 - Allocation of travel costs by court.

Section 25-7-6.16 - Medical support--Insurance--Computation of costs--Apportionment between parents.

Section 25-7-6.17 - Large adjustment in support phased in.

Section 25-7-6.18 - Order allocating child care expenses.

Section 25-7-6.19 - Credit for child support arrearages for parent with primary physical custody during period of custody.

Section 25-7-6.20 - Lien on payment or installment of support under an order of support--Notice.

Section 25-7-6.21 - Credit on monthly support obligation for social security or veteran's dependent benefits.

Section 25-7-6.22 - Rebuttable presumption that second job income not to be considered in establishing support obligation.

Section 25-7-6.23 - Offset of support obligation when each parent has primary physical custody of at least one child--Computation--Assistance from department.

Section 25-7-6.24 - Change of physical custody of child without court approval--Order to pay child support.

Section 25-7-6.25 - Form to request reimbursement of medical or health care costs from parent--Small claims procedure.

Section 25-7-6.26 - Effect of failure to furnish financial information--Imputation of income.

Section 25-7-6.27 - Shared parenting child support cross credit.

Section 25-7-6.28 - Child residence with parent for a night--Residence for days.

Section 25-7-6.29 - Written finding for establishment or modification of child support order--Best interest of child.

Section 25-7-7.1 - Continuation of duty to support.

Section 25-7-7.2 - Expenses incurred on child's behalf--Fee schedule.

Section 25-7-7.3 - Previously ordered support payments not subject to modification--Exception.

Section 25-7-7.4 - Unpaid payment or installment of support as judgment.

Section 25-7-7.5 - Filing of sworn statement or certificate of unpaid support due--Effective date of judgment.

Section 25-7-7.6 - Court may order payment of arrearages.

Section 25-7-7.7 - Termination of child support order upon disestablishment of paternity.

Section 25-7-8 - Stepparent's duty to support spouse's children.

Section 25-7-9 - Adult child supported by parent.

Section 25-7-10 - Liability of parent for necessaries supplied to child.

Section 25-7-12 - Allowances to parent out of child's property.

Section 25-7-13 - Support of spouse and children out of property of absentee, prisoner or mentally ill person--Application to circuit court--Notice--Trial and judgment.

Section 25-7-14 - Reimbursement of county from deceased parent's estate for support provided child.

Section 25-7-15 - Desertion of child under ten as felony.

Section 25-7-16 - Nonsupport of child by parent as misdemeanor--Felony where parent leaves state--Spiritual treatment--Unemployment.

Section 25-7-16.1 - Cash bond for nonsupport applied to child support arrearages.

Section 25-7-17 - Abandonment or nonsupport of child by parent as prima facie evidence of intent.

Section 25-7-17.1 - Parent's choice of health services permitted in legitimate practice of religious beliefs not violation of support requirements.

Section 25-7-19 - Marital status and divorce decrees immaterial to criminal liability--Status of unborn child.

Section 25-7-20 - Parent's criminal liability not relieved by other parent's custody or support provided by others.

Section 25-7-20.1 - Complaint for nonsupport signed by representative of department.

Section 25-7-22 - Communications not privileged in nonsupport prosecutions--Husband and wife as witnesses.

Section 25-7-23 - Abandonment and nonsupport of spouse or children as prima facie evidence of intent.

Section 25-7-24 - Release on undertaking to support spouse or child--Amount and terms of undertaking.

Section 25-7-25 - Cancellation of undertaking for support on demonstration of good faith.

Section 25-7-26 - Arrest and forfeiture of undertaking on failure to comply--Trial--Commitment or release on new undertaking.

Section 25-7-26.1 - Posting bond by obligor--Notice.

Section 25-7-27 - Adult child's duty to support parent when necessary--Notice required.

Section 25-7-28 - Adult child's right of contribution from brothers and sisters for support of parent--Notice required.

Section 25-7-30 - Proof of marriage and parentage.

Section 25-7-37 - Chronically delinquent defined.

Section 25-7-38 - Late fee for certain chronically delinquent child support payments.