Support in South Dakota

How South Dakota Calculates Child Support

South Dakota uses an income shares model to determine child support obligations. The South Dakota child support guidelines, established under SDCL Section 25-7-6.2, calculate a presumptive support amount based on both parents’ combined net income and the number of children to be supported.

The calculation begins by determining each parent’s net income, which is 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. 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.

Spousal Support (Alimony) in South Dakota

South Dakota courts award alimony under SDCL Section 25-4-41. South Dakota is one of the states that permits the court to consider the relative fault of the parties when determining alimony. The court evaluates 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.

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.

Statutes referenced: SDCL Sections 25-7-6 through 25-7-7.2 (child support), SDCL Section 25-4-41 (alimony).