South Dakota calculates child support using the Income Shares Model under SDCL § 25-7-6.2, which determines how much is child support in South Dakota by combining both parents' monthly net incomes and applying a statutory schedule. For one child, the base support obligation ranges from $254 per month at $1,200 combined monthly net income to $1,822 per month at $20,000 combined monthly net income. Each parent then pays their proportional share based on their percentage of the combined income, meaning a parent earning 60% of the total pays 60% of the support obligation.
Key Facts: South Dakota Child Support 2026
| Factor | Details |
|---|---|
| Calculation Model | Income Shares Model (SDCL 25-7-6.2) |
| Income Range Covered | $1,200 - $30,000 combined monthly net income |
| One Child Range | $254 - $1,822+ per month |
| Self-Support Reserve | $871 per month |
| Minimum Wage Presumption | $11.20/hour × 1,820 hours/year |
| Shared Parenting Credit | Available at 180+ overnights per year |
| Modification Filing Fee | $50 (as of January 2026) |
| Support Termination Age | 18 (or 19 if still in high school full-time) |
How South Dakota Calculates Child Support Under SDCL 25-7-6
South Dakota determines the child support amount by first calculating each parent's monthly net income, then combining those figures to find the base obligation on the statutory schedule under SDCL § 25-7-6.2. The state adopted the Income Shares Model effective July 1, 2018, replacing the previous flat percentage approach. This model operates on the principle that children should receive the same proportion of parental income they would have enjoyed had their parents remained together.
The calculation process follows four distinct steps that South Dakota courts apply in every child support case. First, the court determines each parent's gross income from all sources including wages, self-employment earnings, bonuses, commissions, rental income, and Social Security benefits. Second, allowable deductions are subtracted to arrive at monthly net income. Third, the parents' net incomes are combined and matched to the obligation schedule. Fourth, each parent's share is calculated based on their percentage of the combined income.
Monthly Net Income Calculation
South Dakota calculates monthly net income under SDCL § 25-7-6.3 by subtracting specific allowable deductions from gross income, resulting in the figure used for child support purposes. The allowable deductions include federal income tax, Social Security contributions (FICA), Medicare contributions, mandatory retirement contributions up to 10% of gross income, health insurance premiums for the child, and existing court-ordered support for other children from prior relationships.
The court does not deduct voluntary contributions to 401(k) plans beyond 10% of gross income, credit card payments, car payments, or other consumer debts. These exclusions ensure that parents cannot artificially reduce their support obligation by diverting income to discretionary savings or lifestyle expenses. When determining how much is child support in South Dakota, the court focuses on actual earning capacity rather than spending choices.
South Dakota Child Support Schedule Amounts
The statutory schedule under SDCL § 25-7-6.2 covers combined monthly net incomes from $1,200 to $30,000 and specifies the total support obligation before dividing it between parents. Below are representative amounts from the 2026 guidelines schedule showing how the child support amount increases with income and number of children.
| Combined Monthly Net Income | 1 Child | 2 Children | 3 Children |
|---|---|---|---|
| $1,200 | $254 | $378 | $453 |
| $3,000 | $517 | $770 | $922 |
| $5,000 | $741 | $1,104 | $1,323 |
| $7,500 | $974 | $1,452 | $1,739 |
| $10,000 | $1,190 | $1,773 | $2,124 |
| $15,000 | $1,536 | $2,289 | $2,742 |
| $20,000 | $1,822 | $2,715 | $3,253 |
These figures represent the total support obligation before allocation between parents. When combined monthly net income exceeds $30,000, SDCL § 25-7-6.9 directs courts to establish support at an appropriate level considering the child's needs and accustomed standard of living.
Example Child Support Calculation in South Dakota
Understanding how much is child support in South Dakota becomes clearer through a practical calculation example that demonstrates the Income Shares formula in action. Consider parents with one child where the noncustodial parent (paying parent) earns $5,000 monthly net income and the custodial parent (receiving parent) earns $3,000 monthly net income.
The combined monthly net income totals $8,000. Looking at the schedule, the base support obligation for one child at $8,000 combined income is approximately $1,050. The paying parent's income represents 62.5% of the combined total ($5,000 ÷ $8,000), while the receiving parent represents 37.5%. The paying parent therefore owes 62.5% of $1,050, equaling $656 per month in child support.
Add-On Expenses Calculation
Child care costs and extraordinary medical expenses are added to the base obligation and divided proportionally under SDCL § 25-7-6.14. If the custodial parent pays $600 monthly for daycare and $100 monthly for the child's health insurance premium, these $700 in add-ons are split according to each parent's income share. The paying parent would owe an additional $437.50 (62.5% of $700), bringing the total monthly obligation to $1,093.50.
Self-Support Reserve Protection
South Dakota's child support guidelines include a self-support reserve of $871 per month to ensure that low-income obligated parents retain enough income to meet their own basic needs. This reserve is embedded in the schedule's low-income ranges under SDCL § 25-7-6.4, automatically reducing obligations when the paying parent's income falls near poverty level. The minimum schedule value starts at $79 for one child at the lowest income levels.
Courts presume under SDCL § 25-7-6.4 that each parent is capable of working at least 1,820 hours annually at South Dakota's minimum wage of $11.20 per hour, absent evidence of physical or mental disability or incarceration exceeding 180 days. This presumption yields an imputed annual income of $20,384 ($11.20 × 1,820 hours) for parents who are voluntarily unemployed or underemployed.
Imputed Income for Unemployed or Underemployed Parents
South Dakota courts impute income to parents who are voluntarily unemployed or underemployed to prevent deliberate suppression of earnings for child support purposes. The court examines the parent's education, work history, job opportunities in the local area, and any obstacles to employment including age, literacy, health conditions, and criminal record. Income imputation ensures that the child support amount reflects the parent's earning capacity rather than an artificially reduced actual income.
The minimum imputation threshold equals 1,820 hours multiplied by South Dakota's minimum wage of $11.20 per hour, producing $1,699 in monthly gross income. After standard deductions for taxes and FICA, the monthly net income approximates $1,450. This floor applies unless the parent demonstrates physical or mental disability preventing full-time work or incarceration exceeding 180 days.
Shared Parenting Credit Adjustment
South Dakota's shared parenting credit under SDCL § 25-7-6.27 adjusts child support obligations when each parent has the child for at least 180 overnights per year. This threshold represents roughly 49% parenting time. The credit recognizes that parents with substantial parenting time incur direct costs for housing, food, and daily necessities during their custodial periods, reducing the need for support payments.
The shared parenting formula multiplies the base obligation by 1.5, then allocates each parent's share of this increased figure. Each parent's obligation is then reduced by the amount they pay directly during their parenting time. The net result typically reduces the higher-earning parent's payment while ensuring both parents contribute proportionally to the child's expenses.
Deviation Factors Under SDCL 25-7-6.10
Courts may deviate from the guideline child support amount when strict application would produce an inequitable result, but any deviation requires written findings under SDCL § 25-7-6.10. The statute lists specific factors courts may consider when determining whether deviation is appropriate and in what amount.
Permitted deviation factors include extraordinary medical expenses not covered by insurance, educational costs exceeding $5,000 annually, the financial resources of each parent, the child's special needs or talents requiring additional support, the income of a subsequent spouse if application of the schedule creates financial hardship, and the standard of living the child would have enjoyed absent the dissolution. Courts must document which factors justify deviation and explain how the deviation amount was determined.
When Child Support Ends in South Dakota
Child support in South Dakota terminates when the child reaches age 18 under SDCL § 25-5-18.1, or age 19 if the child remains enrolled as a full-time high school student, whichever occurs first. Support obligations end automatically upon the child's marriage, military enlistment, or legal emancipation. Courts may order continued support beyond age 19 for children with physical or mental disabilities that prevent self-support.
Parents cannot unilaterally stop paying child support when the child turns 18 if arrearages remain outstanding. Past-due support continues as enforceable debt until fully paid, regardless of the child's current age. Interest accrues on unpaid support at the statutory judgment rate, and enforcement actions continue until the obligation is satisfied.
How to Modify Child Support in South Dakota
South Dakota allows child support modification when a substantial change in circumstances produces at least a 20% difference in the calculated support amount under SDCL § 25-7-6.9. Common grounds for modification include job loss, significant income change, remarriage affecting household expenses, changes in parenting time, or the child's changing needs. The modification filing fee is $50 payable to the Clerk of Courts as of January 2026.
Modification requests proceed through the Division of Child Support Modification Unit in Pierre, requiring submission of a petition, financial statement, verification of income, Child Support Order Filing Data form (UJS/DSS 089), and the current child support order. A Circuit Court referee hears the case after the filing fee is paid. Retroactive modifications reach back only to the petition filing date under SDCL § 25-7A-22, making prompt filing essential when circumstances change.
Child Support Enforcement in South Dakota
South Dakota employs multiple enforcement mechanisms to collect unpaid child support, with income withholding (wage garnishment) as the primary tool under SDCL § 25-7A-44. Employers must withhold support from each paycheck and remit it to the State Disbursement Unit. The withholding takes priority over most other deductions except taxes and mandatory retirement contributions.
The Department of Social Services can restrict or suspend driver's licenses, professional licenses, and hunting or fishing licenses when arrearages reach $1,000 or more under SDCL § 25-7A-56 and SDCL § 32-12-116. Federal enforcement tools include tax refund intercept through the Federal Tax Refund Offset Program and passport denial when arrearages exceed $2,500. Serious cases may result in contempt of court charges, fines, and incarceration.
| Enforcement Method | Trigger Amount | Statutory Authority |
|---|---|---|
| Wage Garnishment | Any amount | SDCL 25-7A-44 |
| License Suspension | $1,000+ arrears | SDCL 25-7A-56 |
| Tax Refund Intercept | Any arrears | Federal law |
| Passport Denial | $2,500+ arrears | Federal law |
| Contempt of Court | Willful nonpayment | SDCL 25-7A |
| Credit Bureau Reporting | Any arrears | Federal law |
Filing Fees and Court Costs
The initial divorce filing fee in South Dakota runs $95-$97 as of January 2026, comprising a $50 base fee, $40 automation surcharge, and $7 law library fee. The respondent spouse pays $25 to file an Answer if contesting the divorce. Child support modification petitions require a $50 filing fee. Fee waivers are available for low-income filers who complete an Affidavit of Indigency demonstrating inability to pay.
The South Dakota Division of Child Support charges a $5 application fee to open an enforcement case. This nominal fee grants access to the agency's full range of collection services including wage withholding, license restrictions, and federal enforcement tools. Most parents do not need private attorneys for routine child support enforcement when the agency can pursue collection on their behalf at minimal cost.
Using the Official South Dakota Child Support Calculator
The South Dakota Department of Social Services provides an official Child Support Obligation Calculator that applies the statutory guidelines to your specific income figures. The calculator requires each parent's monthly net income, the number of children, and any applicable adjustments for child care or health insurance costs. Results represent estimates only and do not guarantee the court-ordered amount.
To use the calculator effectively, gather documentation of both parents' income including pay stubs, tax returns, and records of any additional income sources. Calculate net income by subtracting federal taxes, FICA, Medicare, mandatory retirement up to 10%, health insurance premiums for the child, and any existing support orders for other children. Enter the combined monthly net income and select the number of children to receive the base obligation amount.
Frequently Asked Questions
How much is child support in South Dakota for one child?
Child support for one child in South Dakota ranges from $254 to $1,822 or more per month depending on the combined monthly net income of both parents under the SDCL § 25-7-6.2 schedule. At $5,000 combined income, the obligation is approximately $741 monthly, split proportionally between parents based on their income shares.
What income is used to calculate child support in South Dakota?
South Dakota uses monthly net income for child support calculations, derived from gross income minus federal taxes, Social Security, Medicare, mandatory retirement up to 10%, health insurance for the child, and existing support orders. Courts consider wages, self-employment income, bonuses, rental income, and imputed income for voluntarily unemployed parents.
Can child support be modified in South Dakota?
Yes, South Dakota allows child support modification when circumstances change enough to produce at least a 20% difference in the calculated amount. Parents must file a petition with the Division of Child Support Modification Unit, pay a $50 filing fee, and demonstrate the substantial change through updated financial documentation.
What happens if I don't pay child support in South Dakota?
Nonpayment triggers enforcement including wage garnishment, license suspension (driver's, professional, hunting, fishing) at $1,000 arrears, tax refund intercept, passport denial at $2,500 arrears, credit reporting, and potential contempt charges with fines or jail. The SDCL § 25-7A-56 authorizes these remedies.
Does shared custody reduce child support in South Dakota?
Yes, South Dakota's shared parenting credit under SDCL § 25-7-6.27 reduces child support when each parent has at least 180 overnights annually. The formula increases the base obligation by 50%, allocates shares, then credits each parent for direct expenses during their parenting time.
When does child support end in South Dakota?
Child support terminates at age 18 under SDCL § 25-5-18.1, or age 19 if the child remains a full-time high school student. Support ends earlier upon the child's marriage, military enlistment, or emancipation. Courts may extend support for disabled adult children requiring continued assistance.
How is income imputed for unemployed parents in South Dakota?
Courts presume under SDCL § 25-7-6.4 that each parent can work 1,820 hours yearly at minimum wage ($11.20/hour in 2026), yielding $20,384 annual gross income. This presumption applies unless the parent proves disability or incarceration exceeding 180 days prevents employment.
What expenses are added to base child support in South Dakota?
Work-related child care costs and extraordinary uninsured medical expenses are added to the base child support amount and divided proportionally between parents under SDCL § 25-7-6.14. Health insurance premiums for the child and educational expenses may also be allocated.
How do I calculate my share of child support in South Dakota?
Divide your monthly net income by the combined net income of both parents to find your percentage share. Multiply that percentage by the base obligation from the schedule to determine your monthly payment. For example, earning $4,000 of $8,000 combined means you pay 50% of the obligation.
Can I represent myself in child support matters in South Dakota?
Yes, parents can handle routine child support establishment and modification through the Division of Child Support without an attorney. The agency provides forms, calculates obligations, and represents the state's interest in child welfare. Complex cases involving high income, business ownership, or contested facts may benefit from legal representation.
Conclusion
Understanding how much is child support in South Dakota requires familiarity with the Income Shares Model under SDCL § 25-7-6.2, which combines both parents' net incomes and applies the statutory schedule to determine the base obligation. The child support amount ranges from $254 to over $1,822 monthly for one child depending on combined income, with each parent paying their proportional share. South Dakota's $871 self-support reserve protects low-income obligors, while the shared parenting credit at 180+ overnights adjusts obligations for parents with substantial custody time. Enforcement tools including wage garnishment, license suspension at $1,000 arrears, and federal remedies ensure compliance with support orders.
Filing fees total approximately $95-$97 for divorce and $50 for child support modification as of January 2026. Verify current fees with your local Clerk of Courts before filing, as amounts change periodically. The South Dakota Department of Social Services offers free case management services for $5, making professional enforcement accessible to all custodial parents seeking to secure their children's financial support.
This guide provides general information about South Dakota child support law and does not constitute legal advice. Individual circumstances vary, and consultation with a qualified South Dakota family law attorney is recommended for specific situations.
Author: Antonio G. Jimenez, Esq. Florida Bar No. 21022 | Covering South Dakota divorce law