Child Support Calculations in South Dakota

South Dakota uses an Income Shares model under SDCL Chapter 25-7, with support amounts determined by a statutory schedule based on combined parental income. Whether you're navigating an uncontested or contested divorce, understanding the schedule, parenting-time adjustments, and the shared-parenting cross-credit is essential.

The Income Shares Model

South Dakota's basic child support obligation comes from a statutory schedule in SDCL 25-7-6.2, keyed to combined monthly net income and number of children. The noncustodial parent pays their proportionate share of the basic obligation.

• Combined income cap: $30,000/month (court discretion above this)
• Self-support reserve: $871/month (embedded in schedule's low-income ranges)
• Minimum schedule value: $79 for 1-6 children (at $0-$950 combined)
• Low-income protection: Compare NCP-only schedule value vs. pro-rata share; use the lesser

Don't guess your obligation. Enter your income and custody split for South Dakota:

Need a Deeper Analysis?

The calculator above gives you a quick estimate. For a comprehensive breakdown covering income deductions, parenting-time credits, medical add-ons, and deviation factors under SDCL Chapter 25-7, get your full analysis here.

What Counts as Income

Under SDCL 25-7-6.3 through 25-7-6.7:

• Wages and salary: Including bonuses, commissions (if regular and recurring)
• Self-employment: Net profit/loss from business, farm, or profession
• Benefits: Social Security, VA, disability, pensions, retirement
• Other income: Interest, dividends, rent, royalties, unemployment, workers' comp
• Seasonal income: Annualized to monthly average

Allowable Deductions

• Income taxes (single taxpayer rate with one allowance)
• Social Security and Medicare (employee or self-employed)
• Retirement contributions (up to 10% of gross)
• Unreimbursed employee business expenses
• Payments on other support/maintenance orders

Income Imputation

Under SDCL 25-7-6.4 and 25-7-6.26:

• Minimum presumption: 1,820 hours/year at state minimum wage ($11.50/hour in 2025 = ~$20,930/year)
• Exceptions: Physical/mental disability, incarceration >180 days, diligent job search efforts
• Second job income: Presumptively excluded if primary job meets minimum wage threshold

Parenting-Time Adjustments

Abatement (6+ Nights/Month)

Under SDCL 25-7-6.14, if the child resides with the obligor 6+ nights/month:

• Abatement range: 38% to 66% of basic obligation
• Calculation: (Annual obligation ÷ 365) × overnights × abatement % = monthly credit
• Cap: Abatement cannot exceed the shared-parenting cross-credit

Shared-Parenting Cross-Credit (180+ Nights Each)

Under SDCL 25-7-6.27, when each parent has 180+ nights/year:

1. Multiply combined basic obligation by 1.5
2. Allocate by each parent's income share percentage
3. Prorate each parent's share by nights child spends with other parent (÷365)
4. Offset: parent with larger prorated amount pays the difference

Split Custody

Under SDCL 25-7-6.23, when each parent has primary custody of at least one child:

• Compute each parent's obligation for children in the other's household
• Offset to reach a single monthly payment amount

Add-Ons to Basic Support

Medical Support

Under SDCL 25-7-6.16:

• Insurance requirement: If accessible and "reasonable in cost"
• Reasonable cost: ≤8% of net income (after medical credit)
• Unreimbursed medical: Costs >$250/year/child split by income shares
• First $250: Custodial parent responsible per child per year

Child Care

Under SDCL 25-7-6.18:

• Reasonable employment/education-related child care may be allocated
• Federal child care tax credit calculated at 25% of eligible expense
• Net cost apportioned by income shares

When Courts May Deviate

Under SDCL 25-7-6.10:

• 50% hardship presumption: If total obligation exceeds 50% of obligor's net income
• Special needs: Education or health care needs of child
• Third-party contributions: If schedule causes hardship
• Subsequent children: May be considered (but not sole reason for modification)
• High income: Above $30,000 combined—court sets "appropriate" amount based on needs

Duration of Support

• Standard termination: Age 18
• High school extension: To age 19 if full-time secondary student
• Disabled adult children: No general statutory extension

Modification Rules

Under SDCL 25-7A-22:

• Within 3 years: Must show "substantial change in circumstances"
• After 3 years: No change showing required
• Schedule revisions: SDCL 25-7-6.13 may allow modification when Legislature updates schedule

Enforcement Tools

South Dakota DSS employs:

• Income withholding: Immediate wage attachment in every order
• License suspension: Driver's, professional, sporting licenses
• Tax refund intercepts: Federal and state
• Passport denial
• Bank account levy
• Credit bureau reporting
• Contempt proceedings

Interest on Arrears

Under SDCL 25-7A-14:

• Interest rate: Category D = 1% per month (12% annually)
• Compounding: Simple interest (not compound)
• Court discretion: DSS may not automatically compute interest; obligees may seek separate judgment

Key Takeaways

• Income Shares model: Schedule in SDCL 25-7-6.2
• $30,000 combined cap: Court discretion above this
• $871 self-support reserve: Low-income protection embedded in schedule
• 180-night shared threshold: Triggers 1.5x cross-credit calculation
• 6-night abatement: 38-66% credit for extended parenting time
• 8% medical cap: For "reasonable cost" insurance
• 3-year modification: No change showing required after this period
• 1%/month interest: On arrears (simple, Category D rate)

For more information about South Dakota divorce processes, see our South Dakota divorce timeline and filing checklist. For property division information, review our South Dakota marital property guide.