Understanding South Dakota child support laws helps both custodial and non-custodial parents know their rights and obligations. This comprehensive South Dakota child support guide covers how payments are calculated, what income counts, when support can be modified, and how orders are enforced. Whether you are going through a divorce, seeking a modification, or dealing with non-payment, this guide explains South Dakota’s child support system in plain language.
Verified against South Dakota statutes and federal OCSE guidelines as of April 2026.
In This South Dakota Child Support Guide:
South Dakota Child Support Overview
| Calculation Model | Income Shares |
| Support Ends At | 18, or age 19 if the child is a full-time student in a secondary school (high school), whichever occurs first. Marriage, military service, or other emancipation events also terminate the obligation. |
| College Support Required | NO. South Dakota does not require parents to contribute to college costs. The su |
| Enforcement Agency | South Dakota Division of Child Support (DCS), under the Department of Social Services |
South Dakota uses the income shares model for calculating child support. This model is based on the principle that children should receive the same proportion of parental income they would have received if the family were intact. Both parents’ incomes are combined, and the support obligation is divided proportionally.
South Dakota uses the Income Shares model. Both parents’ monthly net incomes are combined and applied to the SD Child Support Schedule to determine the basic support obligation based on the number of children. The obligation is then divided proportionately between the parents based on each parent’s share of combined net income. The schedule covers combined monthly net income up to 30000. When the obligor’s income falls in the low-income range, the guideline amount is compared to the proportionate share and the lower amount applies.
How South Dakota Calculates Child Support
The South Dakota child support calculation considers multiple factors:
- Determine each parent’s gross income — wages, salary, commissions, bonuses, self-employment income, investment income, and other sources.
- Calculate combined parental income — add both parents’ adjusted gross incomes together.
- Apply the guideline schedule — South Dakota’s guidelines provide a base support amount based on combined income and number of children.
- Prorate between parents — each parent’s share is proportional to their percentage of the combined income.
- Add healthcare and childcare costs — these are added to the base amount and divided proportionally.
- Apply adjustments — parenting time credits, other child obligations, and special circumstances may adjust the final amount.
Online calculator: Use our child support estimator below to calculate your estimated obligation.
What Counts as Income in South Dakota
Net income (gross income minus allowable deductions). Gross income includes regular employment income, net profits/losses from business (per federal tax schedules), and other regular income streams. Overtime, commissions, and bonuses are excluded unless received regularly or repeatedly. Second job income is presumed excluded if primary job earns at least minimum wage for 35 hours per week. Allowable deductions: federal income tax (calculated on 2 dependent exemptions for single taxpayer), estimated income taxes prorated monthly, Social Security tax, Medicare tax, retirement contributions up to 10 percent of gross income, health insurance premiums for the child, actual unreimbursed business expenses, and payments on other support orders.
Imputed income: YES. Under SDCL 25-7-6.26, the court may impute income when a parent fails to furnish financial information or is voluntarily unemployed or underemployed. Income is imputed based on the parent’s earning capacity, considering evidence of ability to earn including age, education, work history, and employment opportunities.
Deviation factors: Income of a subsequent spouse or third-party contributions (only if the schedule works a financial hardship on either parent); financial condition making application of the schedule inequitable; childcare costs; health insurance coverage costs; abatements for visitation or shared parenting time; travel costs for shared parenting; extraordinary medical expenses of the child; and other factors the court deems relevant to the best interests of the child.
Healthcare & Childcare in South Dakota Child Support
Health insurance: The court must order medical support from one or both parents 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. Insurance is considered reasonable if the cost attributable to the children is equal to or less than 8 percent of that parent’s net income after proportionate medical support credit is applied. Unreimbursed medical expenses may be split between parents in proportion to their incomes.
Childcare costs: Childcare costs are handled as a deviation factor separate from the basic support obligation. The court may order work-related childcare costs to be split between parents in proportion to their incomes. A change in childcare expenses (such as daycare no longer being incurred) can constitute a substantial change in circumstances for modification purposes.
When Does South Dakota Child Support End?
In South Dakota, child support generally ends when the child reaches 18, or age 19 if the child is a full-time student in a secondary school (high school), whichever occurs first. Marriage, military service, or other emancipation events also terminate the obligation.. However, support may continue or end earlier based on:
- The child graduates from high school (if still a minor)
- The child becomes emancipated (marriage, military service, self-supporting)
- The child has special needs requiring ongoing support
- College support: NO. South Dakota does not require parents to contribute to college costs. The support obligation extends only through secondary school (high school), not post-secondary education.
Modifying South Dakota Child Support
When to modify: For orders entered after July 1, 2022: the order must have been entered 3 or more years before the petition is filed, OR a substantial change in circumstances must have occurred. Substantial change includes significant increase or decrease in income, daycare expenses no longer incurred, a child graduating high school with other minors remaining on the order, or similar material changes. For orders entered before July 1, 2022: modification may be sought without showing any change in circumstances.
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How to modify: Either parent (or a legal representative such as a grandparent or person with legal custody) may file a Petition for Modification with the Circuit Court. The Circuit Court is the only entity authorized to modify a child support obligation in South Dakota. The Division of Child Support (DCS) can assist with the process. Forms are available from the SD Department of Social Services (DSS-SE-415).
Either parent can request a modification. Changes are typically not retroactive to before the date of filing the modification request.
South Dakota Child Support Enforcement
South Dakota has multiple tools to enforce child support orders when a parent fails to pay:
- Income withholding orders (wage garnishment) to employers; IRS federal tax refund offset; state tax refund offset; lottery winnings offset; passport restriction and denial; driver’s license restriction; professional license restriction; hunting and fishing license restriction (all license actions triggered at 1000 or more in arrears); credit bureau reporting; referral to court for nonpayment (contempt); liens on property; interstate enforcement requests under UIFSA
Contact South Dakota Division of Child Support (DCS), under the Department of Social Services at https://dss.sd.gov/childsupport/ for enforcement assistance.
Additional South Dakota rules: Shared parenting cross-credit: if a custody order provides that the child resides no less than 180 nights per calendar year in each parent’s home, the court may grant a cross-credit on the support obligation based on the number of nights with each parent. The SD Child Support Schedule maximum is combined monthly net income of 30000; above that amount the court has discretion. The 2025 SD Commission on Child Support reviewed guidelines and presented recommendations to the legislature for potential updates. South Dakota uses child support referees in addition to judges for establishing and modifying orders.
Official Sources & Resources
- South Dakota Division of Child Support (DCS), under the Department of Social Services: https://dss.sd.gov/childsupport/
- Federal OCSE: acf.hhs.gov/css
- Cornell LII — Child Support: law.cornell.edu
- South Dakota Guidelines Statute: South Dakota Codified Laws Chapter 25-7 (Support Obligations), specifically SDCL 25-7-6.1 through 25-7-6.29
Last verified April 2026. Contact us if you notice outdated information.
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Formulas last verified: May 2026. This is an estimate only. Actual court-ordered support may differ based on deductions, health insurance, childcare costs, and judicial discretion. This is general educational information, not legal advice. Consult a family law attorney for your specific situation.