General
Authority: Statute
Citation: S.D. Codified Laws §§ 25-7-6.1 et seq
Guidelines Model: Income Shares
Economic Study: Betson-Rothbarth 2006
Guidelines Responsibility: South Dakota Commission on Child Support
Guidelines Approval: South Dakota Legislature
Last Guidelines Review (2016)
Previous Guidelines Review (2012)
Basic Child Support Obligation (BCSO) Schedule
Last Updated:
Income Base: Net
Income Measure: Monthly Net Income
Children Categories: 6 categories
Minimum Income Bracket: $0 – $950
Maximum Income Bracket: $30,000
More than Maximum Income:
BCSO Factors/Assumptions/Adjustments
Age: No
Cost of living:
Expenditures Measurement:
Low-Income: Yes (But not SSR)
Medical Expenses:
Parenting Time:
Poverty Level:
Price Level:
Subsequent Children:
Taxes:
Low-Income1
SSR/LI Adjustment Amt: Not stated in guidelines
Discretionary: No
SSR/LI Adjustment Application: Built into schedule and called low-income obligation area. Calculate support for low-income using obligator’s income only, then use both. Lower amount is support. Used for incomes between $0 and $2,100 for 6 children
Deviation Criteria: N/A
Threshold Income: N/A
Limitations: N/A
Minimum Child Support Amount: No mention
Limitations on Minimum Child Support Amount: N/A
Notes: If obligator’s income is insufficient to pay support, an obligator’ assets may be considered
Deviation Factors
1. Childcare expenses
2. Education expenses
Medical Expenses
Ordinary:
Extraordinary:
Childcare Expenses
Deviation factor
Education Expenses
Deviation factor
Modification
Variance in child support at least 20%
Termination5
Age of Majority: 18 years of age
Ends: Age of Majority or until 19 years of age, if full-time student in a secondary school.
Statute: S.D. Codified Laws Ann. §25-5-18.1
College Support beyond Age of Majority:No statute or case law holding parents to a duty to college support in the absence of an agreement.
Exception for Adults with Disabilities:
Criminal Penalties for Nonpayment3
Citation: S.D. Codified Laws Ann. § 25-7-16 S.D. Codified Laws Ann. § 22-6-2 S.D. Codified Laws Ann. § 22-6-1
Crime: Class 1 misdemeanor; Class 6 Felony (leaving state)
Maximum Penalty: 1 year, $2,000; 2 years, $4,000
Interest and Arrears4
Arrears: No
Summary: South Dakota Division of Child Support (DCS) does not compute interest. However, the obligee can initiate a court action to obtain a judgment for interest. The court has the discretion as to whether or not to grant the interest judgment. Interest is computed at 1% per month
Statute: S.D. Codified Laws § 25-7A-14 The Department of Social Services or any support obligee may collect interest on the unpaid principal balance of a support debt or judgment for support at the Category D rate of interest as established in § 54-3-16. S.D. Codified Laws § 54-3-16The official state interest rates, as referenced throughout the South Dakota Codified Laws, are as follows:(4) Category D rate of interest is one percent per month or fraction thereof;
License Restrictions for failing to pay Child Support2
Citation:
Type:
Threshold:
Reinstatement:
State Contact
Name: Ms. Gail Stoltenburg
Title: Child Support Division Director
Email: DCS@state.sd.us
Phone Number: (605) 773-3641
Address: 700 Governors Drive, Pierre, SD 57501
Links
Child Support Calculator
Child Support Guidelines
FindLaw
References
1Judicial Council of California, Review of Statewide Uniform Child Support Guideline, October 25, 2017
2https://www.ncsl.org/research/human-services/license-restrictions-for-failure-to-pay-child-support.aspx
3https://www.ncsl.org/research/human-services/criminal-nonsupport-and-child-support.aspx
4https://www.ncsl.org/research/human-services/interest-on-child-support-arrears.aspx
5https://www.ncsl.org/research/human-services/termination-of-child-support-age-of-majority.aspx