All Roll Calls
Yes: 117 • No: 1
South DakotaHB 1045101st South Dakota Legislature (2026)HouseWALLET
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: 0 benefits, 0 costs, 5 mixed.
Custody can reduce parents' support debt
Courts may credit unpaid support when the paying parent had actual physical custody for more than four consecutive months. Custody must have been established by the parties' agreement or a court order. The credit applies only to unpaid support that built up during that custody period. It can lower the parent's debt and the amount the other household can collect.
Hardship rules can change parents' support
When either party raises a change from the support schedule, courts must consider it and make specific findings before approving. Total support above 50% of the paying parent's monthly net income is presumed to cause hardship, including health insurance and child care adjustments. Other listed factors can overcome that presumption. Factors include hardship tied to a new spouse's income or outside contributions, the child's education or health needs, and agreements for extra support. Courts also consider duties toward other natural, adopted, or stepchildren, voluntary unemployment or underemployment, and dependent-claim tax effects. Duties toward other children alone cannot justify changing an existing order.
New income rules for parents' support
Courts presume parents can earn annual gross income equal to at least 1,820 hours at South Dakota's current minimum wage. Courts may estimate income when proof is lacking, employment is unknown, or a parent is unemployed or underemployed. That estimate cannot fall below the same minimum. Courts may consider age, criminal history, education, experience, health, local jobs, past earnings, wage data, and job postings. Courts cannot estimate income this way for parents sentenced to more than 180 days of incarceration or confinement. The same protection applies when a physical or mental disability prevents a parent from earning income.
Parentage and notice rules for support
At support-debt hearings, the court referee must decide and report paternity when evidence includes a voluntary acknowledgment or qualifying genetic testing. Testing must show at least a 99% likelihood of paternity. The process includes court review, a 10-day objection deadline after service, and five additional days for a response. Referees may send notices and reports electronically with the party's consent. After an objection to the report, referees must file all exhibits and documents entered into the record within 10 days. They must keep those materials for 30 days after a signed order.
Parents can revisit older support orders
Support orders entered and in effect before July 1, 2026, can be changed without either parent proving changed circumstances. Changes must follow the child support rules and can raise or lower payments. After incarceration lasting more than 180 days, the support amount in effect at release stays in place. That obligation continues until either parent files a request to change it; release alone does not change the amount.
Sponsors & Cosponsors
Sponsors
There is no primary sponsor on record.
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 3/5/2026
Do Pass Amended
Yes: 34 • No: 0
Senate vote • 3/3/2026
Do Pass
Yes: 6 • No: 0
House vote • 2/20/2026
Do Pass Amended
Yes: 67 • No: 0
House vote • 2/18/2026
Do Pass Amended
Yes: 10 • No: 1
Bill Text
Introduced
1/8/2026
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