25-7-6.27. Shared parenting child support cross credit.
If a custody order by the court, contains a detailed shared parenting plan which provides that the child will reside no less than one hundred eighty nights per calendar year in each parent's home, and that the parents will share the duties and responsibilities of parenting the child and the expenses of the child in proportion to their incomes, the court may, if deemed appropriate under the circumstances, grant a cross credit on the amount of the child support obligation based on the number of nights the child resides with each parent. The shared parenting child support cross credit shall be calculated as follows:
(1)Multiply the parents' combined child support obligation under the schedule by 1.5 to establish the parents' combined shared parenting child support obligation;
(2)Multiply the combined shared parenting child support obligation by each parent's percentage share of the parents' combined net incomes to establish each parent's shared parenting child support obligation;
(3)Multiply each parent's shared parenting child support obligation by the percentage of nights the child resides with each parent based on a three hundred sixty-five day calendar year to establish each parent's prorated shared parenting child support obligation;
(4)Offset the parents' prorated shared parenting child support obligations; and
(5)The parent with the larger prorated shared parenting child support obligation shall pay the difference between these amounts.
In deciding whether a shared parenting child support cross credit is appropriate, the court shall consider whether it would have a substantial negative effect on the child's standard of living.
It is presumed that the parenting time is exercised. If the parenting time exercised substantially deviates from the parenting time ordered, either party may petition the court for a modification of the support order without showing any other change in circumstances.
Source: SL 2009, ch 130, §10; SL 2015, ch 147, §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.