South DakotaProposal lists child support amounts by income and family size
HB 1040 failed in the Senate; it proposed schedules that list child support amounts by income and number of children, with a minimum amount for some incarcerated parents.
What it does
The proposal lists child support amounts by monthly income and number of children. It describes how both parents’ incomes help determine the noncustodial parent’s share.
A noncustodial parent incarcerated for more than 180 days would owe at least the schedule’s minimum base amount.
Argument forUsing both parents’ incomes and the number of children could help courts set support amounts consistently across families.
Argument againstA parent who has been incarcerated for more than 180 days could still owe at least the schedule’s minimum amount, even with little income.
More detail
The proposal lists child support amounts by monthly income and number of children. The schedules cover one to six children and list amounts across monthly income ranges. The proposal says parents’ combined monthly net income is used to divide support in proportion to their incomes. For amounts in the highlighted range, the amount based only on the noncustodial parent’s income is compared with that parent’s share based on both parents’ incomes; the lower amount applies.
The proposal lists a minimum base support amount for a noncustodial parent who has been incarcerated for more than 180 days. This rule applies to a noncustodial parent incarcerated for more than 180 days. The text says the parent owes no less than the schedule’s minimum base amount.
Where do you stand?
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 5Senate Do Pass , Failed, YEAS 12, NAYS 22 S.J. 482Latest
- Vote recorded Do Pass. Result: fail.Upper
- Mar 3Judiciary Do Pass , Passed, YEAS 4, NAYS 3 S.J. 32Minor
- Vote recorded Do Pass. Result: pass.Upper
- Vote recorded Do Pass. Result: fail.Upper
- Mar 3Judiciary Do Pass , Failed, YEAS 3, NAYS 3 S.J. 31Minor
- Mar 3Scheduled for hearing S.J. 1
- Feb 20First read in Senate and referred to Senate Judiciary S.J. 340Minor
- Feb 19House of Representatives Do Pass , Passed, YEAS 40, NAYS 25 H.J. 372Passed House
- Vote recorded Do Pass. Result: pass.Lower
- Feb 18Judiciary Do Pass , Passed, YEAS 9, NAYS 1Minor
- Vote recorded Do Pass. Result: pass.Lower
- Feb 18Scheduled for hearing
- Jan 13First read in House and referred to House Judiciary H.J. 13Introduced
- Mar 5Senate Do Pass , Failed, YEAS 12, NAYS 22 S.J. 482Latest