South Dakota Child Support Laws: Guidelines and Schedule

South Dakota sets child support with the schedule in SDCL 25-7-6.2, an income-shares formula that combines both parents' monthly net incomes, reads a support amount from the schedule and divides it between the parents by their shares of that income. Support generally lasts until the child turns 18, or until 19 if the child is a full-time student in a secondary school (SDCL 25-5-18.1).

This page covers South Dakota state law. Federal rules and the exact terms of your own court order also govern a case; our guide to child support laws in every state explains the federal layer.

How South Dakota Calculates Child Support (SDCL 25-7-6.2)

SDCL 25-7-6.2 says child support "must be established in accordance with the following schedule subject to the revisions or deviations as permitted by this chapter." The statute then states the income-shares method: "the combined monthly net incomes of both parents must be used in determining the obligation to be divided proportionately between the parents based upon their respective net incomes. The noncustodial parent's proportionate share establishes the amount of the child support order."

In plain steps:

1. Find each parent's monthly gross income from the sources listed in SDCL 25-7-6.3.
2. Subtract the deductions SDCL 25-7-6.7 allows to reach each parent's monthly net income.
3. Add the two net incomes and find the support amount in the schedule for that combined income and the number of children.
4. Split that amount by each parent's percentage of the combined net income. The noncustodial parent's share is the support order.
5. Apply the low-income comparison if it fits, any parenting-time abatement or shared parenting cross credit, and the health insurance and child care rules.

The statute adds that "The share of the custodial parent is presumed to be spent directly for the benefit of the child." For a rough estimate, try the South Dakota child support calculator on this site, and check any estimate against the schedule printed in SDCL 25-7-6.2, which is the version a court applies. Older copies of the schedule still circulate online, and their figures differ from the 2022 schedule in the statute.

What counts as income (SDCL 25-7-6.3 and 25-7-6.7)

Under SDCL 25-7-6.3, "The monthly net income of each parent shall be determined by the parent's gross income less allowable deductions." Gross income includes wages, salary, commissions and bonuses; self-employment income; pensions and retirement payments, including Social Security or veteran's benefits and disability payments; interest, dividends, rentals and royalties; capital gains; reemployment assistance or unemployment benefits; workers' compensation; and benefits in lieu of compensation, including military pay allowances.

"Overtime wages, commissions, and bonuses may be excluded if the compensation is not a regular and recurring source of income for the parent." Income from seasonal work is annualized to get a monthly average.

SDCL 25-7-6.7 lists the allowed deductions: income taxes "based on the applicable tax rate for a single taxpayer and a monthly payroll period rather than the actual tax rate"; Social Security and Medicare taxes; contributions to an IRS-qualified retirement plan "not exceeding ten percent of gross income"; actual unreimbursed business expenses of an employee; and payments made on other support and maintenance orders.

The schedule, the self-support reserve and high incomes

The schedule runs in $50 steps of combined monthly net income, from $0-$950 up to $29,951-$30,000, with columns for one to six children. Its lowest row lists $79 a month for one to six children at a combined net income of $0 to $950. Its top row, at $29,951 to $30,000, lists $3,651 for one child and $5,286 for two.

The statute builds in a protection for low-income parents. "The emboldened areas of the schedule include a self-support reserve of eight hundred seventy-one dollars per month that accounts for the subsistence needs of the obligated parent with a limited ability to pay." If the obligation figured from the noncustodial parent's net income alone falls in those emboldened areas, the court compares that amount with the parent's proportionate share using both incomes, and "The lesser amount establishes the noncustodial parent's child support order."

For combined net income above the schedule, SDCL 25-7-6.9 says support "shall be established at an appropriate level, taking into account the actual needs and standard of living of the child."

Unemployed, underemployed and incarcerated parents (SDCL 25-7-6.4, 25-7-6.26)

South Dakota presumes every parent can work. SDCL 25-7-6.4 says "a parent is capable of being employed and earning an annual gross income of not less than one thousand eight hundred twenty hours multiplied by the current state minimum wage."

Under SDCL 25-7-6.26, a court may impute income to a parent who does not produce sufficient proof of income, whose employment status is unknown, or who is underemployed or unemployed. Imputed income "may not be less than the current state minimum wage multiplied by one thousand eight hundred twenty hours." The court may weigh the parent's age, criminal record, education, experience, health, occupational skills and local job opportunities, and may base the figure on past income, government wage data or job advertisements.

There are two exclusions. "No income may be imputed to a parent who has been sentenced to serve a term of incarceration or confinement of more than one hundred eighty days, or to a parent who is physically or mentally disabled to the extent that the parent cannot earn income."

Health insurance, medical costs and child care (SDCL 25-7-6.16, 25-7-6.18)

Every order must address how the child's health care needs will be met. Under SDCL 25-7-6.16, the order must include medical insurance if it is accessible for the child and available to a parent at reasonable cost, and insurance is reasonable in cost if the child's share "is equal to or less than eight percent of the parent's net income," after the proportionate medical support credit. The insurance cost is split between the parents by income.

"The parent that has primary physical custody of the child is responsible for the first two hundred fifty dollars of health care costs each calendar year." Reasonable uninsured medical, optometric, dental, orthodontic or counseling costs above $250 a year per child are split in proportion to each parent's support obligation.

Under SDCL 25-7-6.18, the court may allocate reasonable child care costs that come from a parent's job, job search, or training or education needed to get a job or raise earnings. If the federal child care tax credit is available to the custodial parent, "it shall be calculated at twenty-five percent of the eligible expense."

When a court can depart from the schedule (SDCL 25-7-6.10)

SDCL 25-7-6.10 says a deviation "must be considered if raised by either party and made only upon the entry of specific findings" based on any of seven factors:

1. Income of a subsequent spouse or a third party's contribution, but only if applying the schedule works a financial hardship on either parent.
2. Any financial condition of either parent that would make the schedule inequitable. If total support, including health insurance and child care adjustments, exceeds 50 percent of the obligor's monthly net income, the amount is presumed to impose a financial hardship; that presumption can be rebutted.
3. The child's necessary education or health care special needs.
4. Agreements between the parents about extra forms of support for the direct benefit of the child.
5. A parent's duty to support later-born, adopted or stepchildren, although "an existing support order may not be modified solely for this reason."
6. A parent's voluntary and unreasonable act causing unemployment or underemployment, consistent with SDCL 25-7-6.26.
7. The federal income tax consequences of claiming the child as a dependent.

A deviation order must "state the amount of support that would have been required under the schedule and include a justification of why the order deviates" (SDCL 25-7-6.29).

Parenting Time: Abatement and Shared Parenting Cross Credit (SDCL 25-7-6.14, 25-7-6.27)

South Dakota has two separate parenting-time tools, and neither is automatic.

Abatement (six or more nights a month). Under SDCL 25-7-6.14, "If the child resides with the obligor six or more nights in a month pursuant to a custody order, the court may, if deemed appropriate under the circumstances, grant an abatement of not less than thirty-eight percent nor more than sixty-six percent of the basic child support obligation for the nights the child resides with the obligor." The court looks at the custodial parent's fixed costs for the child and the paying parent's added non-duplicated costs, and the paying parent carries the burden of proving those costs.

The court converts basic support (without health insurance or child care) to a daily amount, multiplies it by the monthly overnights and then by the abatement percentage. An abatement cannot exceed the shared parenting cross credit. If the paying parent does not exercise the extended parenting time in a year, that parent "is required to repay the abated amount of child support to the custodial parent."

Shared parenting cross credit (at least 180 nights a year with each parent). Under SDCL 25-7-6.27, the cross credit is available when a custody order contains a detailed shared parenting plan providing that the child will reside "no less than one hundred eighty nights per calendar year in each parent's home" and that the parents will share parenting duties and the child's expenses in proportion to their incomes. The court multiplies the combined schedule amount by 1.5, splits it by income share, prorates each parent's share by the percentage of nights the child spends with the other parent, and offsets the two; the parent with the larger amount pays the difference.

The court must consider "whether it would have a substantial negative effect on the child's standard of living." If the parenting time actually exercised substantially deviates from the order, either parent may petition to modify support without showing any other change in circumstances. A "night" means the child sleeps at that parent's residence or in that parent's company (SDCL 25-7-6.28).

How parenting time itself is divided is a custody question, covered on our South Dakota child custody laws page.

How Long Child Support Lasts in South Dakota (SDCL 25-5-18.1)

SDCL 25-5-18.1 puts parents under a legal duty to support a child "until the child attains the age of eighteen, or until the child attains the age of nineteen if the child is a full-time student in a secondary school." Graduating ends full-time student status, so after 18, support for a full-time high school student runs until graduation or 19, whichever comes first.

That statute does not mention college or adult children with disabilities, and we found no South Dakota statute in chapters 25-5 or 25-7 requiring a parent to pay for college. If your child has a disability that will continue into adulthood, ask a family lawyer whether South Dakota courts can extend support in your situation.

If a court decides a support obligation survives the paying parent's death, it may modify, revoke or convert the amount to a lump sum after weighing the child's and the other parent's resources and the needs of the deceased parent's family (SDCL 25-5-18.1). Emancipating a minor before 18 is a separate court process, covered on our South Dakota emancipation laws page.

Changing a Child Support Order in South Dakota (SDCL 25-7A-22, 25-7-6.13)

Under SDCL 25-7A-22, either parent or the assignee may file a petition, on forms prescribed by the Department of Social Services, to increase or decrease support. For any order entered or modified after July 1, 1997:

• "The order may be modified upon showing a substantial change in circumstances if the petition is filed within three years of the date of the order"; or
• "The order may be modified without showing any change in circumstances if the petition is filed after three years of the date of the order."

SDCL 25-7-6.13, as amended in 2026, adds that "All orders for support entered and in effect prior to July 1, 2026, may be modified in accordance with this chapter, without requiring a showing of a change in circumstances from the entry of the order." How that sentence and the three-year rule apply to a particular order is a question to raise with DSS or a family lawyer before you file.

The petition is heard by a referee appointed by the court, who reports a recommended monthly support amount. Each party has ten days from service of the report to file objections; if no one objects, the circuit court may enter its order without further notice, and if someone objects, the court holds a hearing limited to the record made before the referee.

No retroactive changes to past-due support. Under SDCL 25-7-7.3, support payments that have come due "are not subject to modification by a court or administrative entity of this state, except those accruing in any period in which there is pending a petition for modification of the support obligation, but only from the date that notice of hearing of the petition has been given" to the parties. File as soon as circumstances change.

A few other rules matter here:

• If a modification changes the award by more than 25 percent, "the court may phase in the adjustment over time" (SDCL 25-7-6.17).
• Having more children later is a deviation factor, but an existing order may not be modified solely for that reason (SDCL 25-7-6.10(5)).
• When a parent incarcerated for more than 180 days is released, "the child support obligation in effect at the time of release must continue in effect until either parent files a petition for modification" (SDCL 25-7-6.13).
• If the paying parent had primary physical custody, by agreement or court order, "for more than four consecutive months," the court may credit that parent for arrears that built up during the actual custody (SDCL 25-7-6.19).

Enforcement and Penalties for Unpaid Support in South Dakota

Each missed payment is a judgment

Under SDCL 25-7-7.4, any support payment "which is unpaid after the date it is due, is a judgment by operation of law, with the full force, effect, and attributes of a judgment of this state." SDCL 15-2-6 sets a 20-year limit on "An action upon a judgment or decree of any court of this state," unless a different limit applies. How that 20-year limit applies to each missed installment is a question for a lawyer if old arrears are at stake.

Income withholding (SDCL 25-7A-32)

The amount withheld for support and arrears "may not be in excess of fifty percent" of wages, commissions, bonuses, independent-contractor pay, workers' compensation, unemployment compensation or disability benefits, but "the total amount of arrearage may be withheld from personal property, money, and credits, or other income not otherwise exempt" (SDCL 25-7A-32).

Interest (SDCL 25-7A-14)

"The Department of Social Services or any support obligee may collect interest on the unpaid principal balance of a support debt or judgment for support at the Category D rate of interest" (SDCL 25-7A-14). The Category D rate "is one percent per month or fraction thereof" (SDCL 54-3-16). The statute says interest "may" be collected, so whether it is charged depends on who is collecting.

Driver's, professional and recreational licenses

South Dakota has three license routes:

• Court route, no dollar minimum. "A circuit court may revoke, suspend, or restrict a person's drivers, professional, occupational, sporting, or recreational license if the person owes past-due support," or fails after notice to comply with a subpoena or warrant in a paternity or support case (SDCL 25-7A-56.1).
• Driver's license route, $1,000 or more. The Department of Public Safety may not issue or renew a driver's license after DSS gives notice that the person owes support arrears "in the sum of one thousand dollars or more," unless the person has made satisfactory arrangements with DSS to pay them. On DSS's recommendation, a temporary permit may be issued if the parent needs it to work and DSS finds a good faith effort to comply. If a parent breaks a written repayment agreement, DSS may serve a notice of intent to revoke the license. The parent has ten days after service to request a hearing; without a request, DSS may ask the Department of Public Safety to revoke, and a hearing decision that the parent broke the agreement requires revocation (SDCL 32-12-116).
• Other licenses, $1,000 or more. No state agency or board may issue or renew a professional, sporting or recreational license, registration, certification or permit after DSS gives notice that the applicant owes support arrears "in the sum of one thousand dollars or more," unless the applicant first makes satisfactory payment arrangements with DSS. A parent who disputes the DSS determination may request a due process hearing, and the licensing agency may issue a temporary license while it is pending (SDCL 25-7A-56).

Criminal nonsupport (SDCL 25-7-16)

Under SDCL 25-7-16, "A parent of a minor child who intentionally omits without lawful excuse to furnish necessary food, clothing, shelter, medical attendance, other remedial care, or other means of support for the person's child is guilty of a Class 1 misdemeanor." A Class 1 misdemeanor carries up to one year in county jail, a fine of up to $2,000, or both (SDCL 22-6-2).

"If a parent, during a violation, leaves the state and is absent for more than thirty days, the person is guilty of a Class 6 felony," which carries up to two years in a state correctional facility, a fine of up to $4,000, or both (SDCL 22-6-1). The statute also says "unemployment without justifiable excuse or without verifiability of searching for employment is not a lawful excuse."

Federal tools

Federal law adds other tools. The State Department must refuse a passport to a parent who owes more than $2,500 in child support arrears and may revoke an existing one (42 U.S.C. 652(k)), and willfully failing to pay support for a child who lives in another state can be a federal crime when the support has gone unpaid for more than one year or is more than $5,000 (18 U.S.C. 228). Our national guide covers these.

Back Support and Paternity in South Dakota (SDCL 25-8-5, 25-8-52)

When a support order is first set, back support has a limit. Under SDCL 25-8-5, the custodian "may recover support for a period of three years before" the earliest of the date of application with a Title IV-D agency, the date of filing in court, or the date of a written demand served personally or by registered or certified mail on the noncustodial parent.

Signing a paternity affidavit does not settle paternity for good. Under SDCL 25-8-52, "A signed and notarized affidavit of paternity creates a rebuttable presumption of paternity," is admissible as evidence, and lets the Department of Social Services move ahead to set a support obligation "without requiring any further proceedings to establish paternity." The presumption can be challenged, but the window is short. Under SDCL 25-8-59, a court action contesting it must be started within 60 days after the presumption is created or by the date of any administrative or court proceeding about the child, including a proceeding to set support, whichever comes first. If the challenge alleges fraud, duress or a material mistake of fact, the deadline is three years after the presumption was created. Support keeps running while the challenge is pending unless the challenger shows good cause.

Separately, under SDCL 25-8-64, a court may at any time before the child turns 18 find, based on genetic test results, that a presumed or legally determined father is not the biological father, and may set aside the presumption or paternity determination if that is in the child's best interest. And under SDCL 25-7A-6, as amended by HB 1045, if genetic testing showing a 99 percent or higher likelihood of paternity, or a voluntary acknowledgment of paternity, is presented at a referee hearing on a notice of support debt, the referee must make a finding adjudicating paternity and include it in the report to the court.

Getting Help With Child Support in South Dakota

• Department of Social Services (DSS) child support program: the state agency that handles child support cases, prescribes the forms for petitions to modify support and files those petitions with the circuit court clerk (SDCL 25-7A-22). Start at dss.sd.gov/childsupport.
• Clerk of courts: the circuit court clerk in the county where your order was entered can tell you how filings in your case are handled.
• Legal aid: South Dakota's legal aid programs help eligible low-income parents with family law cases.
• Lawyer referral: a state or local bar association referral service can connect you with a family lawyer.

Spousal support is a separate obligation, covered on our South Dakota alimony laws page, and the divorce process is on our South Dakota divorce laws page.

Recent Changes in South Dakota Child Support Law (2025-2026)

• HB 1045 enacted (SL 2026, ch 121). Signed by the Governor on March 12, 2026, with no different effective date in the enrolled text, so under South Dakota's default rule (SDCL 2-14-16) it took effect on July 1, 2026, the first day of July after passage (enrolled act). Its changes:
  1. Restated the minimum-wage presumption in SDCL 25-7-6.4 as 1,820 hours times the current state minimum wage.
  2. Added a seventh deviation factor to SDCL 25-7-6.10: the federal income tax consequences of claiming the child as a dependent.
  3. Moved the date in SDCL 25-7-6.13 from July 1, 2022 to July 1, 2026 and added the rule that an order stays in effect after a parent's release from more than 180 days of incarceration until either parent petitions to modify.
  4. Extended the arrears credit in SDCL 25-7-6.19, which already applied when the paying parent had primary physical custody by agreement for more than four consecutive months, to custody under a court order.
  5. Rewrote SDCL 25-7-6.26 on imputing income: the grounds, the factors, the 1,820-hour minimum-wage floor, and the exclusions for parents sentenced to more than 180 days or unable to earn income because of disability.
  6. Amended the referee procedure in SDCL 25-7A-6 to require the referee to make a finding adjudicating paternity when genetic testing showing a 99 percent or higher likelihood of paternity, or a voluntary acknowledgment of paternity, is presented at the hearing.
  7. Added a section allowing a referee to give notice electronically when a party agrees.
  8. Added a section on exhibits: the referee files them with the court within ten days after receiving notice of an objection and keeps them for 30 days after a signed order.
• HB 1040 failed. The bill to adopt a new schedule and raise the self-support reserve from $871 to $1,148 passed the House 40-25 on February 19, 2026 but failed on the Senate floor 12-22 on March 5, 2026 (action log). It followed the December 11, 2025 report of the Governor's Commission on Child Support, which recommended updating the schedule.
• Other 2026 bills died. SB 162 (deviation factors), SB 163 (repealing the shared parenting cross credit), and HB 1067 and SB 224 (joint physical custody presumptions) were each deferred to the 41st legislative day.
• Looking ahead to 2027. As of November 7, 2026, we found no enacted bill changing South Dakota's child support law that takes effect in 2027. We searched the Legislature's bill lists for the 2025 and 2026 sessions for child support, support obligation, paternity, custody, garnishment, income withholding, arrears and parenting terms, and the bill list for the 2027 session, which convenes January 12, 2027, had no bills posted. SDCL 25-7-6.12 requires the Governor to establish a child support commission every four years.
• Federal. A federal rule taking effect November 30, 2026 removes obsolete and duplicative child support regulations; it does not change how support is calculated or enforced. The federal office that oversees state programs is the Office of Child Support Enforcement (OCSE), which was called the Office of Child Support Services from 2023 to 2025.

More South Dakota Laws

• South Dakota Alimony Laws
• South Dakota Child Custody Laws
• South Dakota Divorce Laws

Frequently Asked Questions

What age does child support end in South Dakota?

Under SDCL 25-5-18.1, support lasts until the child turns 18, or until 19 if the child is a full-time student in a secondary school. Graduation ends full-time student status, so after 18, support for a full-time high school student runs until graduation or 19, whichever comes first.

How is child support calculated in South Dakota?

South Dakota uses income shares on net income (SDCL 25-7-6.2). Each parent's net income is gross income minus the deductions in SDCL 25-7-6.7. The combined net income sets the schedule amount for the number of children, and the noncustodial parent pays his or her percentage share, subject to the self-support reserve, parenting-time adjustments, health insurance, child care and any deviation.

What is the lowest child support amount in South Dakota?

The schedule's lowest row lists $79 a month for one to six children at a combined monthly net income of $0 to $950. The schedule also includes a self-support reserve of $871 a month: if the obligation figured from the paying parent's income alone falls in the emboldened low-income areas, the court uses the lesser of that amount and the parent's share based on both incomes. Courts also presume a parent can earn at least 1,820 hours times the state minimum wage (SDCL 25-7-6.4).

Is there a maximum child support amount in South Dakota?

The schedule stops at a combined monthly net income of $30,000. Above that, SDCL 25-7-6.9 says support is set at an appropriate level, taking into account the actual needs and standard of living of the child, so there is no fixed cap.

How does 50/50 custody affect child support in South Dakota?

If a court-ordered detailed shared parenting plan has the child living at least 180 nights a year in each parent's home, and the parents share expenses in proportion to income, the court may grant a shared parenting cross credit (SDCL 25-7-6.27). It multiplies the schedule amount by 1.5, splits it by income and nights, and the parent with the larger share pays the difference. The court must consider whether this would substantially hurt the child's standard of living.

Does South Dakota require parents to pay for college?

SDCL 25-5-18.1 sets the support duty only until 18, or 19 for a full-time high school student, and we found no South Dakota statute in chapters 25-5 or 25-7 requiring a parent to pay for college.

What if the paying parent is unemployed?

South Dakota presumes a parent can earn at least 1,820 hours times the current state minimum wage (SDCL 25-7-6.4), and a court may impute income to a parent who is unemployed or underemployed, at no less than that amount (SDCL 25-7-6.26). Income may not be imputed to a parent sentenced to more than 180 days of incarceration or a parent too disabled to earn income. Under the criminal statute, unemployment without justifiable excuse or verifiable job searching is not a lawful excuse for nonsupport.

Can I go to jail for not paying child support in South Dakota?

Yes, in some cases. Intentionally failing without lawful excuse to support a minor child is a Class 1 misdemeanor, punishable by up to one year in county jail, a fine of up to $2,000, or both. A parent who leaves the state during the violation and is gone more than 30 days commits a Class 6 felony, punishable by up to two years in prison, a fine of up to $4,000, or both (SDCL 25-7-16).

Does unpaid child support collect interest in South Dakota?

It can. The Department of Social Services or the parent owed support may collect interest on unpaid support at the Category D rate, which is 1 percent per month (SDCL 25-7A-14, 54-3-16).

Can past-due child support be reduced in South Dakota?

Generally no. Payments that have already come due cannot be modified, except payments accruing while a modification petition is pending, and then only from the date notice of the hearing was given (SDCL 25-7-7.3). One exception: a court may credit arrears that built up while the paying parent had primary physical custody, by agreement or court order, for more than four consecutive months (SDCL 25-7-6.19).

How far back can child support be ordered in South Dakota?

When support is first set, the custodian may recover support for up to three years before the earliest of the date of application with a child support agency, the date of filing in court, or the date of a written demand properly served on the other parent (SDCL 25-8-5).

Does signing a paternity affidavit make paternity final in South Dakota?

No. Under SDCL 25-8-52, a signed and notarized affidavit of paternity creates a rebuttable presumption of paternity. It is admissible as evidence and lets the Department of Social Services set a support obligation without further paternity proceedings, but it can be challenged only within set deadlines. A court action must be filed within 60 days after the presumption is created or by the date of any administrative or court proceeding about the child, whichever comes first, or within three years if it alleges fraud, duress or a material mistake of fact (SDCL 25-8-59). Separately, a court may set aside paternity based on genetic test results before the child turns 18 if that is in the child's best interest (SDCL 25-8-64).

How do I change my child support order in South Dakota?

File a petition to modify on the Department of Social Services forms (SDCL 25-7A-22). For orders entered or modified after July 1, 1997, a petition filed within three years of the order needs a substantial change in circumstances, and one filed after three years does not. SDCL 25-7-6.13 adds that orders in effect before July 1, 2026 may be modified without showing a change in circumstances from the entry of the order. A referee hears the case and reports to the circuit court.