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South DakotaHB 1045100th South Dakota Legislature (2025)House

revise certain provisions related to child support.

Sponsored By: Sponsor information unavailable

Signed by Governor

Child SupportDomestic RelationsExecutive/Judiciary Request

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 0 costs, 4 mixed.

Parents may receive custody-based support credits

Courts may reduce unpaid child support when the paying parent had primary physical custody for more than four consecutive months. The custody must have been established by the parties’ agreement or a court order. Only unpaid support that built up during that custody period qualifies for credit. The court decides whether to grant the credit.

Income assumptions shape parents’ support payments

For child support, South Dakota presumes parents can work and earn yearly gross income of at least 1,820 hours times the current state minimum wage. Courts may assign income when income proof is lacking, work status is unknown, or a parent is unemployed or underemployed. Assigned yearly income cannot fall below that same minimum. Courts may consider age, criminal record, education, experience, health, local jobs, past earnings, published wage data, and job ads. Courts cannot assign income to parents sentenced to more than 180 days of incarceration or confinement. They also cannot assign income when a physical or mental disability makes earning income impossible.

Parents can revisit older support orders

Parents can seek changes to support orders entered and in effect before July 1, 2026, without showing changed circumstances. A new amount can be higher or lower under the child-support rules. After a parent’s release from incarceration lasting more than 180 days, the existing support obligation continues. It stays in effect until either parent files a petition to change it.

Parents get defined support hardship rules

When either party requests a different amount than the standard child-support schedule, courts must consider the request. Any change requires specific findings based on the law’s listed factors. Hardship is presumed when total support, including health-insurance and child-care adjustments, exceeds 50% of the paying parent’s monthly net income. Other listed factors can overcome that presumption; it is not an automatic cap. Courts may weigh a new spouse’s income or outside contributions causing hardship, other financial conditions, and the child’s education or health needs. They may also weigh parents’ extra-support agreements, later natural, adopted, or stepchildren, unreasonable voluntary unemployment or underemployment, and federal dependent-tax effects. Having later children alone does not justify changing an existing order.

Parents get support-debt hearing safeguards

After a timely request to contest support debt, the secretary must file the debt notice and related papers in the parent’s county circuit court. A court-appointed referee who is admitted to practice law reports on debt, monthly support, unpaid support, and enforcement costs. The report must include a paternity finding when evidence shows a voluntary acknowledgment or genetic testing with at least 99% likelihood. The report goes to all parties and the secretary; parties have ten days to object. If someone objects, the other party has five additional days to respond. Without objections, the court may enter an order; with objections, it must hold a hearing on the record. The court may adopt, change, or return the report for further work, and must serve its order by certified mail. A court change made without a hearing carries a ten-day objection period; an objection requires a hearing and certified-mail service of the order. With the parties’ agreement, referees may email covered notices or reports to addresses the parties provide. After notice of an objection, referees must file admitted exhibits and documents with the court within ten days. Referees must retain those materials for thirty days following a signed order.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. Signed by the Governor

    3/12/2026House

  2. Delivered to the Governor

    3/11/2026House

  3. Signed by the President

    3/10/2026Senate

  4. Signed by the Speaker

    3/9/2026House

  5. Senate Do Pass Amended, Passed, YEAS 34, NAYS 0

    3/5/2026Senate

  6. Certified uncontested, placed on consent

    3/3/2026Senate

  7. Senate Judiciary Do Pass, Passed, YEAS 6, NAYS 0

    3/3/2026Senate

  8. Scheduled for hearing

    3/3/2026Senate

  9. First read in Senate and referred to Senate Judiciary

    2/23/2026Senate

  10. House of Representatives Do Pass Amended, Passed, YEAS 67, NAYS 0

    2/20/2026House

  11. House of Representatives Motion to amend, Passed

    2/20/2026House

  12. House Judiciary Do Pass Amended, Passed, YEAS 10, NAYS 1

    2/18/2026House

  13. House Judiciary Motion to amend, Passed

    2/18/2026House

  14. Scheduled for hearing

    2/18/2026House

  15. First read in House and referred to House Judiciary

    1/13/2026House

Bill Text

  • Introduced

    1/8/2026

    PDF

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