South Dakota Child Support Laws: Guidelines and Calculations
How to Apply for Child Support in South Dakota
The Division of Child Support Services (DCS), part of the South Dakota Department of Social Services, provides comprehensive child support services including parent location, paternity establishment, order establishment, and enforcement.
To apply for services:
- Download and complete the Application for Support Services Form (DSS-SE-408)
- Read all instructions carefully before completing the three-page application
- Submit to the Division of Child Support Services
Locate child support offices in your area
Fees for services:
- Application fee: $5 (for parents not receiving public assistance)
- Parent location services: $20
- Income withholding processing: $25
- Parental kidnapping cases: $50
What to remember:
- Parents receiving TANF, Medicaid, or Title IV-E foster care automatically qualify for DCS services without a separate application.
- The DCS does not provide divorce assistance, legal advice, or alimony order establishment.
- The DCS only enforces health insurance if the court ordered the parent to provide coverage and insurance is available through employment.
For questions, contact the DCS at 605-773-3641.
How is Paternity Established in South Dakota?
Under South Dakota law, when a child is born to a married couple, the husband is presumed to be the father until proven otherwise.
For unmarried parents, two methods exist:
Voluntary Establishment:
- The father signs a "Paternity Affidavit Form" at the hospital or in front of a notary
- Signing the affidavit automatically establishes legal paternity
- Forms are available at hospitals, Department of Social Services offices, local Register of Deeds offices, or Department of Health offices
Involuntary Establishment:
- Either parent files a "Petition to Establish Paternity" at the local circuit court
- The DSS can obtain a court order requiring genetic (DNA) testing
- If DNA testing confirms paternity, a support order can be established
Important: If either parent denies paternity, the other parent can petition for court-ordered DNA testing.
How is Child Support Determined in South Dakota?
South Dakota uses the Income Shares Model to calculate child support. This model estimates the total cost of raising a child based on economic data, then allocates that cost between parents proportionally to their incomes.
Child support guidelines are found in South Dakota Codified Laws Chapter 25-7.
The Income Shares Method
The court uses economic tables (Schedule of Basic Obligation) to determine support amounts based on:
- Combined monthly net income of both parents
- Number of children requiring support
- Each parent's proportionate share of combined income
For parents in the low-income range, the court compares the child support amount to the parent's proportionate share and uses whichever amount is lower.
How to Calculate Child Support in South Dakota
Step 1: Use one of these calculation tools:
- Online Child Support Obligation Calculator
- Child Support Obligation Worksheet (download)
- Shared Parenting Child Support Obligation Worksheet (for detailed shared parenting plans with at least 180 overnight visits per parent annually)
Step 2: Compare the result to the Child Support Basic Obligation Schedule.
Key calculation notes:
- Gross income includes all income from all sources.
- Federal Income Tax calculations assume a single taxpayer with one withholding allowance.
- In split custody cases (each parent has primary custody of at least one child), calculate each parent's obligation separately, then determine the net difference.
- A rebuttable presumption exists that a parent can work at least 35 hours per week at minimum wage, even if incarcerated.
- If a parent is voluntarily unemployed or underemployed, the court will impute income based on earning capacity.
Important: Calculators and worksheets provide estimates only. The judge or DCS has final authority on the actual support amount ordered.
Grounds for Deviation from Guidelines
The court may deviate from standard guidelines when circumstances warrant, including:
- Child requires specialized education
- Extraordinary medical expenses
- Standard calculation would be unfair to the paying parent
- Child has significant income
The judge must explain the reason for any deviation. Consult with a family court attorney for guidance on whether deviation may apply to your case.
How to Modify Child Support in South Dakota
Only the circuit court has authority to modify child support orders in South Dakota.
Modification process:
- File a Petition for Modification with the Clerk of Court
- Pay the $50 filing fee (or request a fee waiver if applicable)
- The Clerk reviews your petition for completeness
- The court appoints a referee who schedules and conducts a hearing
- Within 60 days, the referee mails recommendations to both parties
- If neither party objects, the court enters an order; if either objects, another hearing is scheduled
Download instructions for filing a petition for modification
Technical requirements:
- All documents must be on 8.5 x 11 inch paper (non-compliant petitions will be rejected)
- Public assistance recipients do not pay the filing fee
- Either party may file objections within TEN days of the referee's report
- Appeals of final court orders go to the South Dakota Supreme Court within 30 days
Important: If you fail to appear (in person or by telephone) for a scheduled hearing, the referee may dismiss your request.
What Happens If You Do Not Pay Child Support in South Dakota?
Willful failure to pay child support is a crime in South Dakota and can trigger numerous enforcement actions:
- Income Withholding: Up to 50% of income after mandatory deductions (taxes, Social Security)
- Automatic Withdrawal: Alternative payment plans may be established
- Credit Bureau Reporting: Reported for arrears over $1,000
- License Suspension: Driver's, professional, or business licenses may be suspended for 3 months of non-payment or arrears over $1,000
- Passport Denial: Passports denied or revoked for arrears of $2,500 or more
- Tax Refund Intercept: Federal, state, and local refunds seized
- Bank Account Levy: Funds in financial institutions can be seized
- Lottery Winnings Intercept
- Workers' Compensation Intercept
- Other Lump-Sum Payment Seizure
Contempt of Court
Under South Dakota guidelines, parents may face contempt of court charges if the court finds they have the ability to pay but willfully refuse to do so.
The DCS will escalate contempt cases to a prosecutor who schedules "show cause hearings." At these hearings, the accused parent can explain their failure to pay. If the excuse is valid (such as involuntary job loss), the court may order modification or establish a payment plan.
Criminal Non-Payment
Moving out of state to avoid paying child support is a criminal offense. Penalties include:
- Up to 180 days in jail
- Fines
- Interest charges on arrears (South Dakota allows courts to add interest to past-due support)
When Does Child Support End in South Dakota?
Under South Dakota law, child support continues until the child turns 18. Support may extend until the child's 19th birthday if they are still enrolled in high school.
Special circumstances:
- Support may continue indefinitely if the child is severely mentally or physically disabled and cannot support themselves.
- South Dakota does not require parents to pay for college or university expenses. However, parents may voluntarily agree to extend support for higher education.
Emancipation: South Dakota allows minors at least 16 years old to petition for emancipation. Requirements include:
- Willingly living independently from parents
- Having a legal source of income
- Demonstrating ability to manage financial affairs
A child may also become emancipated through:
- Marriage
- Joining the U.S. military
Consult with a family court attorney to determine if you qualify for emancipation.
More South Dakota Laws
Sources and References
- South Dakota State Legislature(state legislature).gov