South Dakota Child Support Guidelines

South Dakota calculates child support using the income shares model, which is based on the principle that children should receive the same proportion of parental income they would have received if the family had remained intact. The guidelines are established under SDCL Chapter 25-7 and apply to all child support cases in the state unless the court finds reason to deviate.

This article explains how the guidelines work, how income is calculated, how the support obligation is determined from the state’s schedule, how healthcare and childcare costs are handled, how shared custody affects the calculation, what deviation factors the court considers, and how to modify an existing support order.

For a national overview of how child support is calculated, see our guide on how child support is calculated.

The Income Shares Model

South Dakota’s income shares model calculates child support based on both parents’ combined net income. The fundamental principle is that both parents share the financial responsibility for raising their children in proportion to their respective incomes. The basic steps are:

1. Calculate each parent’s monthly net income
2. Combine the two net incomes
3. Look up the basic support obligation in the state’s guidelines schedule based on combined income and the number of children
4. Divide the obligation between the parents based on their proportional share of combined income
5. Apply adjustments for healthcare, childcare, and other specified expenses
6. The non-custodial parent’s share becomes the child support order

Calculating Net Income

South Dakota uses net income as the basis for child support calculations. Under the South Dakota Child Support Guidelines, net income is calculated by subtracting specific allowable deductions from gross income.

Gross Income

Gross income includes virtually all income from any source, including wages, salaries, commissions, bonuses, overtime, self-employment income, interest and dividends, rental income, pension and retirement income, Social Security benefits (excluding SSI), workers’ compensation, unemployment benefits, trust income, spousal support received, and military allowances.

Allowable Deductions

The following are subtracted from gross income to arrive at net income:

• Federal and state income taxes (based on the proper filing status and number of exemptions)
• FICA contributions (Social Security and Medicare taxes)
• Mandatory retirement contributions required by the employer as a condition of employment
• Union dues (if mandatory)
• Health insurance premiums for the parent only (children’s health insurance is addressed separately)
• Child support paid for children of other relationships pursuant to a court order

Voluntary retirement contributions, consumer debt payments, and personal expenses are not deducted from gross income.

Imputing Income

If a parent is voluntarily unemployed or underemployed, the court may impute income—assigning an earning capacity based on what the parent could reasonably earn. The court considers the parent’s education, training, work history, available job opportunities, age, health, and past earnings. Income is generally not imputed to a parent caring for a very young child, with a documented disability, or engaged in reasonable vocational training.

The Guidelines Schedule

South Dakota publishes a child support obligation schedule that specifies the total monthly support obligation based on the parents’ combined monthly net income and the number of children. The schedule covers a range of combined incomes and provides the total dollar amount that both parents together should contribute to raising their children.

How the Schedule Works

Once the combined monthly net income is determined, the court looks up the corresponding obligation in the schedule for the applicable number of children. This total obligation is then divided between the parents in proportion to their respective shares of combined income.

Example: If Parent A has a monthly net income of $3,500 and Parent B has a monthly net income of $1,500, the combined monthly net income is $5,000. Parent A earns 70% of the combined income, and Parent B earns 30%. If the schedule lists a total obligation of $900 for one child at $5,000 combined income, Parent A’s share is $630 (70%) and Parent B’s share is $270 (30%).

If Parent B has primary custody, Parent A pays $630 per month to Parent B. Parent B’s $270 share is presumed to be spent directly on the child through day-to-day caregiving expenses.

Income Above or Below the Schedule

For combined incomes that exceed the top of the schedule, the court has discretion to set support based on the children’s reasonable needs and the parties’ standard of living. For very low incomes, the court may set a minimum support amount to ensure that the paying parent retains enough income for basic self-support.

Healthcare Costs

Healthcare expenses for the children are addressed separately from the basic support obligation.

Health Insurance Premiums

The cost of health insurance premiums attributable to the children is added to the basic support obligation and divided between the parents based on their proportional share of combined income. If one parent carries the children on an employer-sponsored plan, the marginal cost of adding the children (the difference between a single plan and a family plan) is the amount allocated.

Unreimbursed Medical Expenses

Unreimbursed medical expenses—including copays, deductibles, prescriptions, dental care, orthodontia, vision care, therapy, and other out-of-pocket healthcare costs—are divided between the parents in proportion to their income shares. The court may specify in the support order how these expenses are to be documented and reimbursed.

Childcare Costs

Reasonable childcare expenses incurred by either parent due to employment or job searching are added to the basic support obligation and divided between the parents based on their income shares. The childcare must be:

• Work-related. The expense must be necessary because the parent is working, actively seeking employment, or attending school or training to improve employment prospects.
• Reasonable in amount. The cost must be consistent with the prevailing rates in the area for the type of care used.
• For actual childcare. Babysitting for social engagements or personal errands is not included.

The court considers the type of childcare (daycare center, in-home care, after-school programs) and the going rate for comparable care in the community.

Shared Custody Adjustments

When both parents have substantial parenting time, the standard child support calculation may be adjusted to account for the increased direct costs each parent incurs during their time with the children. South Dakota’s guidelines provide a mechanism for shared custody adjustments.

In a shared custody arrangement, each parent’s support obligation to the other is calculated separately based on their respective income shares. The two obligations are offset, and the parent with the higher obligation pays the difference. This adjustment recognizes that a parent who has the children for a significant portion of the time is already bearing direct costs during that time. The specific threshold for triggering the shared custody adjustment is determined by the guidelines and the court’s analysis of the actual parenting schedule.

Deviation Factors

Courts may deviate from the guideline amount—upward or downward—when applying the standard calculation would be unjust or inappropriate. Deviation factors include:

• Special needs of the child—medical, educational, or developmental needs that generate costs beyond the basic obligation
• Extraordinary expenses—travel costs for long-distance visitation, private school tuition, or other unusual child-related expenses
• Standard of living the child would have enjoyed if the family remained intact
• Financial resources of each parent beyond regular earnings
• Other support obligations for other children or dependents
• Best interest of the child—any other factor the court considers relevant

Any deviation must be supported by written findings explaining why the guideline amount is inappropriate in the specific case.

Modification of Child Support

Either parent may petition to modify an existing child support order when there has been a substantial change in circumstances. Under SDCL 25-7-6.13, common grounds include a significant change in either parent’s income (job loss, raise, retirement, disability), a change in the custody or parenting time arrangement, a change in the child’s needs, a significant change in healthcare or childcare costs, emancipation of a child in a multi-child order, or a change in the state’s guidelines schedule.

Duration of Child Support

In South Dakota, child support generally continues until the child reaches age 18 or graduates from high school, whichever occurs later, but not beyond age 19. Support may be extended for a child with a disability that prevents self-support.

To modify child support, the requesting parent files a motion with the court. The court reviews the current circumstances and recalculates support under the guidelines. South Dakota also allows periodic review through the Department of Social Services, which can review and adjust orders every three years or upon a showing of changed circumstances.

For more on modifying support, see our guide on modifying child support.

What to Do Next

If child support is an issue in your South Dakota case, take these steps:

1. Gather complete income documentation. Collect pay stubs, tax returns, W-2s, 1099s, and records of all income sources for both parents. Accurate income information is the foundation of the support calculation.
2. Document child-related expenses. Track healthcare premiums, unreimbursed medical costs, childcare expenses, and any extraordinary costs. These adjustments can significantly affect the total support amount.
3. Record the parenting schedule. If you have or are seeking shared custody, keep a detailed record of overnights with each parent. The parenting time arrangement directly affects the support calculation.
4. Understand the guidelines before negotiating. Review the South Dakota child support schedule to estimate the guideline amount for your income level and number of children. This provides a baseline for any negotiation or hearing.
5. Consult with a South Dakota family law attorney. Child support calculations involve important details—income imputation, deviation factors, healthcare cost allocation, and shared custody adjustments. Schedule a consultation with an attorney experienced in South Dakota support cases to protect your rights and your children’s needs.

Frequently Asked Questions

How is child support calculated in South Dakota?

South Dakota uses the income shares model. Both parents’ net incomes are combined, and the total support obligation is determined from the state’s guidelines schedule based on combined income and the number of children. Each parent’s share of the obligation is proportional to their share of combined income. The non-custodial parent’s share is paid to the custodial parent.

Can child support be different from the guideline amount?

Yes. The court can deviate from the guideline amount if applying the standard calculation would be unjust or inappropriate. Deviation factors include special needs of the child, extraordinary expenses, the standard of living the child would have enjoyed, and other relevant circumstances. Any deviation must be supported by written findings.

How often can child support be reviewed in South Dakota?

Either parent can request a review whenever there is a substantial change in circumstances. Additionally, the South Dakota Department of Social Services can review support orders every three years. Changes in income, custody arrangements, the child’s needs, or healthcare costs may warrant a review.

What happens if a parent does not pay child support?

South Dakota has several enforcement mechanisms for unpaid child support, including wage garnishment, income withholding, interception of tax refunds, suspension of driver’s and professional licenses, liens on property, and, in extreme cases, contempt of court proceedings that can result in fines or incarceration. For more on enforcement, see our guide on child support enforcement.

Can child support be modified if I lose my job?

Yes, but you must petition the court for a modification—you cannot unilaterally reduce or stop payments. A significant involuntary job loss is generally considered a substantial change in circumstances that justifies a modification. Continue making payments under the existing order until the court issues a new order, as unpaid support accrues as a debt regardless of changed circumstances.