South Dakota Child Support Laws: Guidelines and Calculations

South Dakota requires both parents to contribute financially to raising their children, whether married, divorced, or never married. The state's child support system is governed primarily by South Dakota Codified Laws Chapter 25-7 and administered by the Division of Child Support Services (DCS) within the Department of Social Services.

This guide covers everything you need to know about South Dakota child support, from applying for services to calculating payments, modifying orders, and understanding enforcement actions.

How to Apply for Child Support in South Dakota

The Division of Child Support Services (DCS), part of the South Dakota Department of Social Services, provides services including parent location, paternity establishment, order establishment, and enforcement.

To apply for services:

• Download and complete the Application for Support Services Form (DSS-SE-408)
• Read all instructions carefully before completing the three-page application
• Submit the completed form to the Division of Child Support Services

Locate child support offices in your area

Fees for services:

Service	Fee
Application fee (non-public-assistance parents)	$5
Parent location services	$20
Income withholding processing	$25
Parental kidnapping cases	$50

Parents receiving Temporary Assistance for Needy Families (TANF), Medicaid, or Title IV-E foster care automatically qualify for DCS services without submitting a separate application or paying the application fee.

The DCS does not provide divorce assistance, legal advice, or alimony order establishment. The DCS only enforces health insurance if the court ordered the parent to provide coverage and insurance is available through the parent's employment.

For questions, contact the DCS at 605-773-3641.

How is Paternity Established in South Dakota?

Under South Dakota law, when a child is born to a married couple, the husband is presumed to be the father until proven otherwise.

For unmarried parents, two methods exist to establish paternity:

Voluntary Establishment:

• The father signs a "Paternity Affidavit Form" at the hospital or in front of a notary.
• Signing the affidavit automatically establishes legal paternity.
• Forms are available at hospitals, Department of Social Services offices, local Register of Deeds offices, and Department of Health offices.

Involuntary Establishment:

• Either parent files a "Petition to Establish Paternity" at the local circuit court.
• The DCS can obtain a court order requiring genetic (DNA) testing.
• If DNA testing confirms paternity, a support order can be established.

If either parent denies paternity, the other parent can petition the court for mandatory DNA testing.

How is Child Support Calculated in South Dakota?

South Dakota uses the Income Shares Model to calculate child support. This model estimates the total cost of raising a child based on economic data and then divides that cost between parents in proportion to their respective incomes.

Child support guidelines are codified in South Dakota Codified Laws Chapter 25-7. The court uses the Schedule of Basic Obligation (found in SDCL 25-7-6.2) to determine support amounts based on:

• The combined monthly net income of both parents
• The number of children requiring support
• Each parent's proportionate share of the combined income

The schedule covers combined monthly net incomes up to $30,000. For combined incomes above that amount, the court establishes support at an appropriate level, considering the needs and standard of living of the child.

Defining Gross and Net Income

Gross income includes all income from all sources. To arrive at net income for guideline purposes, the following mandatory deductions are subtracted:

• Federal income tax (calculated assuming a single taxpayer with one withholding allowance)
• Social Security and Medicare taxes (FICA)
• Allowable deductions listed under SDCL 25-7-6.7, such as other court-ordered child support for prior-born children

Self-Support Reserve

South Dakota's guidelines include a self-support reserve to protect a paying parent's ability to meet basic needs. For parents in the low-income range, the court compares the child support amount to the parent's proportionate share and uses whichever is lower. The current self-support reserve is $871 per month. The 2025 South Dakota Commission on Child Support recommended increasing this amount to $1,148 to better reflect the federal poverty level adjusted for South Dakota prices.

How to Calculate Child Support

Step 1: Use one of these official calculation tools:

• Online Child Support Obligation Calculator
• Child Support Obligation Worksheet (download)
• Shared Parenting Child Support Obligation Worksheet (for parents with at least 180 overnight visits per parent each year)

Step 2: Compare the result to the Child Support Basic Obligation Schedule in SDCL 25-7-6.2.

These calculators and worksheets provide estimates only. The judge or DCS has final authority on the actual support amount ordered.

Imputed Income

If a parent is voluntarily unemployed or underemployed, the court will impute income based on earning capacity. Under South Dakota law, there is a rebuttable presumption that a parent can work at least 35 hours per week at minimum wage.

Factors the court considers when imputing income include the parent's education, occupational skills, work experience, age, health, criminal record, and employment opportunities in the geographic area.

A parent sentenced to incarceration for more than 180 days is not subject to income imputation. Instead, their obligation is set at the minimum base amount in the schedule.

Shared Parenting Adjustment

When a custody order contains a detailed shared parenting plan providing that the child resides at least 180 nights per calendar year in each parent's home, the court may grant a cross-credit on the child support obligation. Under SDCL 25-7-6.14, the court considers whether the shared parenting cross-credit would have a substantial negative effect on the child's standard of living before granting it.

Split Custody

In split custody cases where each parent has primary custody of at least one child, the court calculates each parent's obligation separately and then determines the net difference owed.

Medical Support

Under SDCL 25-7-6.16, every child support order must address how the child's health care needs will be met. The order must include a provision for medical insurance if:

• The insurance is accessible for the child (available within the geographic coverage area)
• The cost is reasonable (equal to or less than 8% of the parent's net income after proportionate medical support credit)

The parent with primary physical custody is solely responsible for the first $250 in unreimbursed health care expenses per child per calendar year. Expenses above that threshold are divided between parents proportionally based on income.

Grounds for Deviation from Guidelines

The court may deviate from the standard guidelines when circumstances warrant, including:

• The child requires specialized education
• Extraordinary medical expenses exist
• The standard calculation would be unjust to the paying parent
• The child has significant independent income

The judge must provide a written explanation for any deviation from the guidelines.

How to Modify Child Support in South Dakota

Only the circuit court has authority to modify child support orders in South Dakota. The modification rules depend on when the current order was entered.

Orders entered after July 1, 2022 (under SDCL 25-7A-22):

• If the petition is filed within three years of the order date, the parent must show a substantial change in circumstances.
• If the petition is filed three or more years after the order date, no change in circumstances is required.

What counts as a substantial change in circumstances:

• Significant increase or decrease in either parent's income
• Daycare expenses that are no longer incurred
• A child included in the order has graduated from high school while other minor children remain
• Changes in custody or parenting time arrangements
• Changes in health insurance availability or cost

Filing process:

1. File a Petition for Modification with the Clerk of Court.
2. Pay the $50 filing fee (public assistance recipients are exempt; fee waivers may be available).
3. The Clerk reviews your petition for completeness.
4. The court appoints a referee who schedules and conducts a hearing.
5. Within 60 days, the referee mails recommendations to both parties.
6. If neither party objects within 10 days, the court enters an order. If either party objects, a second hearing is scheduled.

Download instructions for filing a petition for modification (Form DSS-SE-415)

All documents must be on standard 8.5 x 11 inch paper. Non-compliant petitions will be rejected. If you fail to appear for a scheduled hearing (in person or by telephone), the referee may dismiss your request.

Appeals of final court orders go to the South Dakota Supreme Court and must be filed within 30 days.

What Happens If You Do Not Pay Child Support in South Dakota?

Willful failure to pay child support is a crime in South Dakota under SDCL 25-7-16. The state uses numerous enforcement tools to collect unpaid support.

Administrative Enforcement Actions

Enforcement Tool	Details
Income withholding	Up to 50% of income after mandatory deductions; has priority over all other creditor claims (SDCL 25-7A-37)
Credit bureau reporting	Arrears of $1,000 or more are reported to credit agencies
License suspension	Driver's, professional, hunting, and fishing licenses restricted for arrears of $1,000+ (SDCL 25-7A-56)
Tax refund intercept	Federal, state, and local tax refunds seized
Passport denial	Passports denied or revoked for arrears of $2,500 or more (federal program under 42 USC 652(k))
Bank account levy	Funds in financial institutions can be seized
Lottery winnings intercept	Winnings applied to arrears
Workers' compensation intercept	Benefits seized to satisfy support obligations

License Suspension Details

Under SDCL 25-7A-56.1, the Department of Social Services can restrict driver's, professional, hunting, and fishing licenses when a parent owes $1,000 or more in past-due support. A parent in this situation has options:

• Pay the full arrearage amount
• Enter into a stipulated repayment agreement with DCS
• Receive a one-time, six-month temporary license while making arrangements

If the parent fails to comply with a repayment agreement, the DCS can administratively revoke the license.

Contempt of Court

The DCS escalates cases to a prosecutor who schedules "show cause hearings" when parents who have the ability to pay willfully refuse to do so. At these hearings, the accused parent can explain their failure to pay. If the reason is valid (such as involuntary job loss), the court may order a modification or establish a payment plan instead of imposing penalties.

Criminal Non-Support

Nonsupport of a child by a parent is a Class 1 misdemeanor under South Dakota law. Leaving the state to avoid paying child support elevates the offense to a felony. Penalties may include:

• Up to one year in jail for a misdemeanor
• Prison time for a felony conviction
• Fines
• Interest charges on arrears

When Does Child Support End in South Dakota?

Under South Dakota law, child support continues until the child turns 18. Support may extend until the child's 19th birthday if the child is still enrolled full-time in a secondary school (high school), whichever occurs first.

Special circumstances:

• Support may continue indefinitely if the child has a severe mental or physical disability and cannot support themselves.
• South Dakota does not require parents to pay for college or university expenses. However, parents may voluntarily agree in writing to extend support for higher education costs.

Emancipation

Under SDCL 25-5-18.1, South Dakota allows minors at least 16 years old to petition the circuit court for emancipation. The minor must demonstrate:

• Willingly living independently from parents
• Having a legal source of income
• The ability to manage their own financial affairs

A child may also become emancipated through marriage or by joining the United States military.

Emancipation alone does not automatically terminate a child support order. The custodial parent or obligor must file a petition to modify or terminate the order after emancipation occurs.

2025 Commission on Child Support: Potential Changes

The 2025 South Dakota Commission on Child Support reviewed the state's guidelines and submitted recommendations to the Governor and legislature for the 2026 legislative session. Key proposals include:

• Updated obligation schedule: Adjusting the guideline amounts for inflation using Midwest Region price changes from July 2021 to March 2025
• Higher self-support reserve: Increasing from $871 to $1,148 per month
• Prior-period support changes: Potentially limiting prior-period support to one year calculated at the current minimum wage
• No reductions for current recipients: Ensuring that no custodial parent currently receiving a full payment would see a smaller amount under the new schedule

House Bill 1045, introduced in the 2026 legislative session, proposes revisions to the child support obligation schedule based on the Commission's recommendations. The bill passed the House 67-0 in February 2026. Check the South Dakota Legislature website for the latest status of this bill.

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