Child Support in South Dakota: How It's Calculated
South Dakota uses the Percentage of Income Model (§25-7) to determine child support obligations. This guide walks through how the formula works, what factors South Dakota courts consider, and how to modify or enforce an order — with links to official South Dakota resources.
Percentage of Income Model (§25-7) in South Dakota
South Dakota uses a Percentage of Income Model under SDCL §25-7. The paying parent's net monthly income is multiplied by a fixed percentage based on the number of children to determine the base support amount.
South Dakota's percentages are: 1 child — 25%, 2 children — 29%, 3 children — 31%, 4 children — 34%, 5 or more children — 37% of the paying parent's net monthly income. South Dakota courts may deviate from these guidelines when the guideline amount is unjust or inappropriate. Net income deductions include federal and state income taxes, FICA, and mandatory retirement contributions.
Key Factors South Dakota Courts Consider
- Paying parent's net monthly income
- Number of children
- Child's health insurance costs (may be ordered in addition to base support)
- Work-related childcare expenses
- Significant parenting time by the non-custodial parent (may justify deviation)
- Any extraordinary expenses
- Special needs of the child
Official South Dakota Resources
Get an accurate number from an official source
Child support calculations are complex and fact-specific. For an accurate figure, use South Dakota's official worksheet or consult a licensed family law attorney. This guide explains the framework — it does not produce a binding calculation.
Step-by-Step: How South Dakota's Formula Works
Here is how South Dakota applies the Percentage of Income Model (§25-7) to calculate a child support obligation, step by step:
1. Determine the paying parent's income
South Dakota applies its formula to the paying (non-custodial) parent's income. South Dakota's percentages are: 1 child — 25%, 2 children — 29%, 3 children — 31%, 4 children — 34%, 5 or more children — 37% of the paying parent's net monthly income.
2. Apply the state's percentage to income
A fixed percentage is applied based on the number of children. 1 child — 25%, 2 children — 29%, 3 children — 31%, 4 children — 34%, 5 or more children — 37% of the paying parent's net monthly income
3. Add health insurance and childcare if applicable
In South Dakota, health insurance premiums for the child and work-related childcare costs may be added to the base support amount or ordered separately, depending on the specific statute.
4. Apply parenting time adjustments
If the paying parent exercises significant parenting time, South Dakota may reduce the obligation. Significant parenting time by the non-custodial parent (may justify deviation)
5. Apply income caps and deviation factors
South Dakota may cap the income subject to the percentage, and courts can deviate from the guideline amount with written findings that the formula result would be unjust or inappropriate.
Document Everything for Your South Dakota Case
South Dakota courts rely on documented records — parenting time logs, expense receipts, and payment histories. ReplyCalmly helps you track all of it and generate organized, exportable reports.
No charge today · Cancel anytime