Support in South Dakota (2026)

Fault and Alimony in South Dakota

South Dakota’s support law has a distinctive feature that sets it apart from many states: the court may consider the relative fault of the parties when determining alimony. Under SDCL Section 25-4-41, the spouse whose conduct contributed to the breakdown of the marriage may receive a less favorable alimony award, while a spouse who was the victim of the other’s misconduct may receive a more generous one.

This fault-based dimension means that the conduct of both spouses during the marriage can have lasting financial consequences beyond the divorce itself. It is an important consideration for anyone evaluating their likely support outcome in South Dakota.

How Child Support Is Calculated

South Dakota uses an income shares model to determine child support obligations under SDCL Section 25-7-6.2. Both parents’ incomes are combined to determine the total support obligation, which is then divided proportionally.

The calculation begins by determining each parent’s net income — gross income minus federal and state income taxes, Social Security and Medicare contributions, and certain mandatory deductions. The parents’ combined net income is then applied to the guidelines schedule, which produces a basic child support obligation based on the combined income and the number of children. Each parent’s proportional share is determined by their percentage of the combined net income. The noncustodial parent typically pays their share to the custodial parent.

Additional amounts for work-related child care and health insurance premiums for the child are allocated proportionally.

For a broader overview of how support calculations work, see our guide on how child support is calculated. You can also estimate your potential obligation using our child support calculator.

Shared Custody Adjustments

When parents share physical custody, with each parent having the child for a significant number of overnights, the guidelines may apply adjustments that reflect the duplicated expenses in both households. The specifics of the adjustment depend on the proportion of time each parent spends with the child, and the court retains discretion to ensure the resulting amount serves the child’s best interests.

Deviation Criteria

The guidelines produce a presumptive support amount, but the court may deviate when strict application would be unjust or inappropriate. Permissible grounds for deviation include:

• The financial condition of either parent
• The standard of living the child enjoyed during the marriage
• The physical and emotional condition of the child and educational needs
• Child care costs related to employment or education
• Extraordinary medical or dental expenses
• Shared physical custody or extended visitation arrangements
• Existing support obligations for other children
• Any other factors the court considers relevant

When the court deviates, it must make written findings explaining the reasons and stating the guideline amount.

Duration of Child Support

Child support in South Dakota generally continues until the child reaches age 18, or until age 19 if the child is still attending high school. Support also terminates upon the child’s marriage, emancipation, or entry into military service.

The South Dakota Division of Child Support

The South Dakota Department of Social Services, Division of Child Support, plays a central role in the child support system. The Division offers services including locating noncustodial parents, establishing paternity, establishing and modifying support orders, collecting and distributing payments, and enforcing support obligations. Services are available to all families, not just those receiving public assistance.

All child support payments in South Dakota are processed through the State Disbursement Unit, which tracks payments, maintains records, and distributes funds to custodial parents. Payments can be made through income withholding, online payments, or direct payments to the unit.

Alimony in South Dakota

South Dakota courts award alimony under SDCL Section 25-4-41, considering the following factors:

• The length of the marriage
• The respective earning capacity of each party
• The financial condition of each party after the division of property
• The age, health, and physical condition of each party
• The social customs and standards of living in the community
• The relative fault of the parties in the breakup of the marriage
• Whether either party received education, training, or increased earning power during the marriage at the expense of the other
• The custodial responsibilities for the children
• The need of one party for support and the ability of the other to pay

South Dakota recognizes several forms of alimony:

• Temporary alimony provides support during the divorce proceedings
• Rehabilitative alimony gives a spouse time to acquire the education, training, or experience needed to become self-supporting
• Permanent alimony may be awarded in longer marriages, particularly when the recipient’s age, health, or limited skills make self-sufficiency unlikely
• Lump-sum alimony involves a one-time payment rather than periodic installments

Modification of Support Orders

Either party may petition for modification of child support or alimony by demonstrating a substantial and continuing change in circumstances that makes the existing order unreasonable. Under SDCL Section 25-7-7, common grounds for modification include significant changes in income, job loss, changes in the child’s needs, changes in custody arrangements, or a material change in the cost of living. The party seeking modification bears the burden of proving the changed circumstances.

Modifications are not retroactive beyond the date the motion is filed.

Enforcement

South Dakota employs a comprehensive set of enforcement tools when a parent or former spouse fails to comply with a support order:

• Income withholding (wage garnishment)
• Interception of state and federal tax refunds
• Suspension of driver’s, professional, and recreational licenses
• Contempt of court, which may result in fines or incarceration
• Liens on real and personal property
• Passport denial for arrearages exceeding $2,500
• Credit bureau reporting
• Bank account levies

The South Dakota Department of Social Services, Division of Child Support, assists custodial parents in establishing, modifying, and enforcing child support orders.

When to Seek Legal Guidance

South Dakota’s child support guidelines and alimony factors involve detailed financial analysis, and the court’s consideration of fault adds complexity to spousal support determinations. Whether you are establishing a new support order, seeking a modification, or dealing with non-payment, consider scheduling a free consultation with a family law attorney to understand your rights and obligations.

Frequently Asked Questions

What child support model does South Dakota use?

South Dakota uses an income shares model under SDCL Section 25-7-6.2. Both parents’ combined net incomes are applied to the guidelines schedule, which produces a basic support obligation divided proportionally between the parents.

Can fault affect alimony in South Dakota?

Yes. Under SDCL Section 25-4-41, South Dakota permits the court to consider the relative fault of the parties when determining alimony. This includes consideration of the breakup’s circumstances alongside financial factors.

What types of alimony does South Dakota recognize?

South Dakota recognizes temporary alimony (during proceedings), rehabilitative alimony (for education or training), permanent alimony (for long marriages or limited earning capacity), and lump-sum alimony (a one-time payment).

How does a parent seek modification of support?

Either party must demonstrate a substantial and continuing change in circumstances that makes the existing order unreasonable under SDCL Section 25-7-7. Common grounds include significant income changes, changes in custody, or material changes in the cost of living.

How do I apply for child support services in South Dakota?

You can apply through the South Dakota Department of Social Services, Division of Child Support. Services include locating noncustodial parents, establishing paternity, setting up support orders, collecting payments, and enforcing existing orders. Services are available to all families, not just those on public assistance.

What happens if the noncustodial parent is self-employed?

South Dakota includes self-employment income in the gross income calculation for child support purposes. The court may review tax returns, business records, and financial statements to determine the self-employed parent’s actual income. If the court believes the parent is underreporting income or voluntarily reducing earnings, it may impute income based on earning capacity.

How This Guide Was Researched

This guide was developed by reviewing SDCL Sections 25-7-6 through 25-7-7.2 (child support guidelines, income shares calculation, and modification standards), SDCL Section 25-4-41 (alimony factors including relative fault), and the South Dakota child support guidelines schedule. We also consulted the South Dakota Department of Social Services Division of Child Support’s published resources, the South Dakota Unified Judicial System’s family law self-help materials, and the South Dakota State Bar’s family law publications. Statutory references were verified against the current South Dakota Codified Laws available through the South Dakota Legislature website.

Sources and Legal References

• SDCL Sections 25-7-6 through 25-7-7.2 — Child support guidelines, income shares model, calculation methodology, and modification standards
• SDCL Section 25-7-6.2 — Income shares calculation and the guidelines schedule
• SDCL Section 25-4-41 — Alimony factors including relative fault, types of alimony
• SDCL Section 25-7-7 — Modification of child support upon substantial and continuing change in circumstances

Official South Dakota Resources

• South Dakota UJS — Divorce Information & Forms
• South Dakota UJS — Family Law Help
• South Dakota Department of Social Services — Division of Child Support
• South Dakota Codified Laws — Title 25 (Domestic Relations)

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

• How child support is calculated — National overview of calculation models
• Child support calculator — Estimate your potential obligation
• Divorce in South Dakota — No residency duration, property division, and fault
• Child custody in South Dakota — Best interests factors and mandatory mediation
• How alimony works — Types and factors across states
• Child support enforcement — How enforcement works nationwide
• Modifying child support — When and how to request changes
• 50/50 custody — How equal time affects child support