How South Dakota Calculates Child Support
South Dakota uses the Income Shares model for child support. The governing law is South Dakota Codified Laws Sections 25-7-6.2 through 25-7-6.13, along with the South Dakota Child Support Guidelines. South Dakota uses gross income as the basis for its calculation and combines both parents' incomes to determine the total obligation.
One notable fact for South Dakota parents: South Dakota has no state income tax. This does not affect the gross income basis of the child support formula, but it is relevant when parents in other states compare South Dakota's net income to their own. South Dakota workers keep more of each paycheck, which reflects their higher effective take-home pay at the same gross income level.
The South Dakota Child Support Formula
South Dakota's calculation follows four steps.
Step one is determining each parent's monthly gross income. Step two is combining both gross incomes to produce the combined monthly gross income. Step three is finding the Basic Child Support Obligation in South Dakota's schedule using the combined income and number of children. Step four is calculating each parent's income share percentage and applying it to the obligation.
A practical example: Parent A earns $4,000 per month. Parent B earns $2,000 per month. Combined income is $6,000. Parent A's income share is 66.7 percent. If South Dakota's schedule sets the Basic Child Support Obligation at $1,050 for two children at $6,000 combined income, Parent A's base obligation is $700 per month before parenting time adjustments and add-ons.
South Dakota's schedule covers a range of combined income levels. When combined income exceeds the schedule maximum, courts have discretion to set support based on the children's demonstrated needs and both parents' financial capacity.
What Counts as Income in South Dakota
South Dakota uses a broad income definition. Courts include wages, salaries, commissions, bonuses, overtime, self-employment income, rental income, pension and retirement distributions, Social Security benefits, SSDI payments, unemployment compensation, workers' compensation, and income from any other regular source.
Courts can impute income to a parent who is voluntarily unemployed or underemployed. South Dakota courts examine work history, education, skills, and the local job market when setting an imputed income level.
South Dakota allows deductions from gross income before combining incomes: court-ordered child support currently being paid for children from other relationships and court-ordered spousal support from prior orders. These reductions prevent multiple simultaneous obligations from stacking to an unworkable level.
South Dakota excludes needs-based public assistance and child support received for children from other relationships from the income calculation.
Step-by-Step: How to Use This Calculator
Step 1. Get your gross monthly income. Include wages, self-employment income, rental income, and any other regular income. South Dakota has no state income tax, but gross income is still the starting point for the formula.
Step 2. Subtract existing court-ordered obligations (child support or spousal support from prior orders) from your gross income.
Step 3. Estimate the other parent's adjusted gross monthly income using the same method.
Step 4. Enter the number of children covered by this order.
Step 5. Enter your parenting time percentage. Count actual overnights per year and divide by 365. South Dakota applies a parenting time credit when the paying parent has significant overnight time. At near-equal parenting time, South Dakota's shared custody provisions apply.
Step 6. Add healthcare costs. Enter the monthly premium for the children's health insurance.
Step 7. Add childcare costs. Enter monthly work-related childcare expenses.
Step 8. Review the full breakdown before accepting the result.
Parenting Time Adjustments in South Dakota
South Dakota applies a parenting time credit when the paying parent has significant overnight time with the children. The credit reflects the direct costs that parent bears during their parenting time and grows as overnights increase.
At standard visitation levels, the credit is modest. As parenting time approaches equal time, the credit grows substantially. South Dakota courts recognize that a parent who has the children for a large portion of the year is spending directly on their food, clothing, and daily needs during that time.
At or near equal parenting time, South Dakota evaluates both parents' obligations and the higher earner pays the net difference. Equal time does not produce zero child support when one parent earns significantly more than the other.
South Dakota courts have discretion to address extraordinary costs in long-distance parenting arrangements. When significant travel costs are required to exercise parenting time, courts may allocate those costs between the parents or factor them into a deviation.
Add-On Expenses in South Dakota
South Dakota adds healthcare premiums and work-related childcare costs to the base obligation, allocated proportionally by income share. Courts may also address extraordinary medical expenses and other necessary child-specific costs on a case-by-case basis.
Reading Your Results
The results display shows each parent's adjusted gross income, combined gross income, the Basic Child Support Obligation from South Dakota's schedule, income share percentages, the parenting time credit if applicable, add-on costs, and the final monthly obligation.
South Dakota's no-state-income-tax status means that if you are comparing your result to an estimate from a high-tax state, the gross income figure going into the formula will be higher in South Dakota relative to what each parent actually takes home. The formula itself uses gross income regardless.
After You Get Your Estimate
South Dakota courts follow the guidelines in all standard cases. Deviation is allowed when the guideline amount would be unjust or inappropriate given the specific circumstances. Courts consider both parents' financial resources, the child's needs, and any special factors.
Modification in South Dakota requires a substantial change in circumstances. A 20 percent or more change in the calculated obligation is a commonly applied threshold. Income changes, parenting time shifts, and changes in the children's needs are the most common grounds.
A licensed South Dakota family law attorney can review your calculation and advise on modifications. Many offer a free initial consultation.