25-7-6.2. Support obligation schedule.
The child support obligation must be established in accordance with the following schedule subject to the revisions or deviations as permitted by this chapter. Except as provided in this chapter, the combined monthly net incomes of both parents must be used in determining the obligation to be divided proportionately between the parents based upon their respective net incomes. The noncustodial parent's proportionate share establishes the amount of the child support order.
The emboldened areas of the schedule include a self-support reserve of eight hundred seventy-one dollars per month that accounts for the subsistence needs of the obligated parent with a limited ability to pay. If the obligation using only the noncustodial parent's monthly net income is an obligation within the emboldened areas of the schedule, that amount must be compared to the noncustodial parent's proportionate share using both parents' monthly net incomes. The lesser amount establishes the noncustodial parent's child support order.
Children
The share of the custodial parent is presumed to be spent directly for the benefit of the child.
Source: SL 1989, ch 220, §2; SL 1997, ch 154, §1; SL 2001, ch 133, §1; SL 2009, ch 130, §1; SL 2017, ch 111, §1; SL 2022, ch 80, §1.
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.