South Dakota law sets income and review rules for child support

Courts presume a parent can earn at least a minimum wage amount and may estimate income in listed situations. These rules apply when a court determines child support using a parent's income. A court may estimate income if a parent lacks enough income proof, has unknown employment, is underemployed, or is unemployed. Estimated income cannot be below 1,820 hours at the state minimum wage. Courts may consider a parent's ability to earn, including local job openings. A court cannot estimate income for a parent sentenced to more than 180 days of incarceration or confinement, or whose physical or mental disability prevents earning income.

Courts consider listed family and financial factors when deciding whether to depart from the standard support schedule. Factors include hardship, a child's special education or health needs, agreements for extra support, and tax effects. Either parent may raise the issue, and the court must make specific findings before departing from the schedule. If the total support obligation, including health insurance and child care adjustments, exceeds half the paying parent's monthly net income, hardship is presumed; other listed factors may rebut that presumption. An existing order cannot be changed solely because a parent must support later natural, adopted, or stepchildren.

Courts may review some support orders without proof of changed circumstances and may credit certain unpaid support for time a parent had custody. Orders entered and in effect before July 1, 2026, may be modified under the chapter without proof that circumstances changed since entry. A court may credit unpaid support that built up while the paying parent had actual physical custody for more than four consecutive months, if custody was by agreement or court order. After release from incarceration lasting more than 180 days, the support amount in effect at release continues until either parent files a request to change it. The no-change-in-circumstances rule applies to orders entered and in effect before July 1, 2026. After a release from incarceration lasting more than 180 days, the existing amount continues until a parent files to change it.

A referee reviews a support debt case after a parent timely requests a hearing, and the court reviews objections to the referee's report. A court-appointed referee hears the matter and reports recommendations to the court. The referee recommends any debt owed to the state, monthly support, arrears owed to a recipient or another state, medical support, and genetic testing costs. If evidence shows at least a 99 percent likelihood of paternity or includes a voluntary acknowledgment, the referee must find paternity and include it in the report. A party has 10 days after service to object. After an objection, the other party has five additional days. The court reviews objections based on the record before the referee; if it changes the report without a hearing, a party has 10 days to object to that change. A party has 10 days after service of the report to object. If one party objects, the other has five additional days to file objections.

A referee may email notices or reports with a party's agreement and must file hearing documents after an objection. These rules apply to notices, reports, and documents in the support debt hearing process. Email service is allowed only if the party agrees and has provided an email address. After receiving notice of an objection, the referee must file the hearing exhibits and financial or legal documents with the court. The referee must file those exhibits and documents within 10 days after notice of the objection and keep them for 30 days after a signed order.