Understanding Child Support in South Dakota

One of the most pressing concerns for divorcing parents is the financial well-being of their children. In South Dakota, child support is not arbitrary; it is determined by strict state guidelines found in SDCL Chapter 25-7. Understanding how these calculations work, how obligations are enforced, and when they terminate is crucial for preparing for your post-divorce life. This guide aims to demystify the complex regulations surrounding child support in Rapid City and throughout the state.

The Income Shares Model

South Dakota utilizes the "Income Shares Model" to calculate child support. This legal philosophy is grounded in the belief that a child should receive the same proportion of parental income that they would have received if the parents lived together in an intact household. The model does not simply look at the non-custodial parent's income; rather, it combines the net monthly incomes of both parents to determine a total family support obligation. This total amount is then divided between the parents based on their respective percentage of the combined income.

For example, if Parent A earns 60% of the total family income and Parent B earns 40%, then Parent A is generally responsible for 60% of the calculated child support obligation. This ensures that the financial burden is distributed equitably according to each parent's ability to pay.

Key Factors in the Calculation

Several critical data points are required to perform this calculation accurately:

• Net Monthly Income: This is the starting point. It is not your gross salary. To calculate net income, you start with gross income and subtract specific allowable deductions. These include federal income taxes, social security and Medicare taxes, and mandatory retirement contributions. It is important to note that voluntary deductions, such as 401(k) contributions beyond the mandatory amount, are generally added back into your income for calculation purposes.
• Number of Children: The support obligation increases with the number of children involved in the order. However, the increase is not linear. Supporting two children does not cost exactly double what it costs to support one, due to economies of scale in housing and utilities. The guidelines reflect this reality.
• Health Insurance Costs: South Dakota law requires that the child be covered by health insurance if it is available at a reasonable cost. The actual cost of the child's portion of the health insurance premium is factored into the total support calculation and credited to the parent who pays it.
• Child Care Costs: Work-related daycare expenses are treated as an "add-on" to the basic support obligation. These costs are shared between the parents in proportion to their incomes, ensuring that the custodial parent does not bear the full burden of childcare necessary for employment.

Deviations from the Guidelines

While the guideline amount is presumed to be the correct amount of support, the court retains the authority to deviate from it in specific circumstances. A judge may order a different amount if the strict application of the guidelines would be unjust or inappropriate. However, any deviation must be supported by specific findings of fact. Common reasons for deviation include:

• Shared Parenting Time: This is the most common reason for deviation. If a parent has the child for a significant number of overnights (typically more than 180 nights per year), a "cross-credit" calculation or abatement may be used to reduce the support obligation, recognizing the direct costs incurred by that parent during their parenting time.
• Special Needs: If a child has extraordinary costs associated with medical, educational, or psychological needs (e.g., private special education, ongoing therapy), the court may increase the support amount to cover these expenses.
• Travel Expenses: In cases where parents live far apart, the costs of long-distance visitation travel can be significant. The court may adjust the support order to share these travel costs equitably.
• Support of Other Children: If a parent has a pre-existing legal obligation to support children from other relationships, this can be a factor in determining their ability to pay support in the current case.

Imputing Income for Voluntary Unemployment

A common question arises when a parent is unemployed or underemployed. Can they avoid paying child support? The answer is generally no. If the court finds that a parent is voluntarily unemployed or underemployed to avoid their support obligation, income can be "imputed" to them. This means the court will calculate support based on what that parent could earn given their education, work history, and the local job market in Rapid City, rather than what they are actually earning. This prevents parents from quitting their jobs to evade financial responsibility.

Enforcement of Child Support Orders

Once a child support order is established, it is a legally binding court order. Failure to pay can result in severe consequences enforced by the Division of Child Support. South Dakota has robust enforcement mechanisms, including:

• Wage Garnishment: Support payments can be deducted directly from the paying parent's paycheck (Income Withholding Order).
• Driver's License Suspension: If arrears accumulate to a certain level, the state can suspend the non-paying parent's driver's license.
• Tax Refund Interception: Federal and state tax refunds can be seized to pay off past-due support.
• Passport Denial: The U.S. State Department can deny a passport to individuals with significant child support arrears.
• Contempt of Court: In extreme cases, a parent can be found in contempt of court and may face jail time for willful non-payment.

Modification and Termination of Support

Child support orders are not permanent and unchanging. They can be modified if there is a "substantial change in circumstances." Under South Dakota law, this typically means a change in income (either an increase or decrease) of at least 15%, or a significant change in custody arrangements. It is crucial to understand that you must petition the court formally for a modification. Informal agreements between parents to lower support are generally not enforceable and do not stop the accumulation of arrears.

Generally, the obligation to pay child support in South Dakota continues until the child turns 18. However, if the child is still a full-time student in a secondary school (high school), the obligation continues until the child turns 19 or graduates, whichever occurs first. Support may also terminate if the child emancipates, marries, or joins the military before reaching the age of majority.

Navigating child support laws can be complex. For detailed legal advice or assistance with filing for support or modification, please refer to the professionals listed on our Resources page.