25-7-6.14. Abatement of portion of child support--Modification.
If the child resides with the obligor six or more nights in a month pursuant to a custody order, the court may, if deemed appropriate under the circumstances, grant an abatement of not less than thirty-eight percent nor more than sixty-six percent of the basic child support obligation for the nights the child resides with the obligor. It shall be presumed that the parenting time is exercised.
In deciding whether an abatement is appropriate, the court or child support referee shall consider the fixed obligations of the custodial parent that are attributable to the child and to the increased non-duplicated costs of the noncustodial parent that are associated with the child’s time with the noncustodial parent. The burden is on the noncustodial parent to demonstrate the increased costs that the noncustodial parent incurs for non-duplicated fixed expenditures, including routine clothing costs, costs for extra-curricular activities, school supplies, and other similar non-duplicated fixed expenditures.
The order granting the abatement must specify the number of nights that the abatement is allowed and the amount of the abatement. To calculate an abatement, the court or child support referee shall:
(1)Determine the basic child support calculation, excluding additional costs including health insurance or child care, and annualize the same;
(2)Divide the annual amount in subdivision (1) by three hundred sixty-five days to calculate the daily child support amount;
(3)Multiply the daily child support amount in subdivision (2) by the number of overnights the child spends with the noncustodial parent on a monthly basis; and
(4)Multiply the amount in subdivision (3) by the abatement percentage utilized. The figure must be annualized and subtracted from the monthly child support obligation.
No abatement may exceed the child support cross credit allowed under §25-7-6.27.
If the noncustodial parent does not exercise the extended parenting time during a particular year, the noncustodial parent is required to repay the abated amount of child support to the custodial parent.
Source: SL 1989, ch 220, §14; SL 1997, ch 154, §7; SL 2001, ch 133, §2; SL 2005, ch 134, §3; SL 2009, ch 130, §6; SL 2022, ch 81, §5.
Structure South Dakota Codified Laws
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 25-7-6.2 - 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 25-7-6.7 - 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 25-7-6.20 - Lien on payment or installment of support under an order of support--Notice.
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 25-7-7.1 - 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 25-7-7.6 - 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 25-7-14 - Reimbursement of county from deceased parent's estate for support provided child.
Section 25-7-15 - Desertion of child under ten as felony.
Section 25-7-16.1 - 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 25-7-20.1 - Complaint for nonsupport signed by representative of department.
Section 25-7-25 - Cancellation of undertaking for support on demonstration of good faith.
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 25-7-30 - 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.