Title 25 — DOMESTIC RELATIONS

The department shall create and distribute a standardized form to allow a parent, guardian, or other custodian to request reimbursement of any medical or health care costs from the responsible parent. A parent, guardian, or custodian may use the small claims procedure of chapter …

If a custody order by the court, contains a detailed shared parenting plan which provides that the child will reside no less than one hundred eighty nights per calendar year in each parent's home, and that the parents will share the duties and responsibilities of parenting the ch…

For the purposes of §§ 25-7-6.14 and 25-7-6.27 , a child resides with a parent for a night if the child sleeps: (1) At the residence of that parent at night, whether or not the parent is present; or (2) In the company of the parent, if the child does not sleep at a parent's resid…

A written finding for the establishment or modification of a child support order that the application of the child support schedule in § 25-7-6.2 would be unjust or inappropriate in a case is sufficient to rebut the presumption in that case. The best interest of the child must be…

The monthly net income of each parent shall be determined by the parent's gross income less allowable deductions, as set forth in this chapter. The monthly gross income of each parent includes amounts received from the following sources: (1) Compensation paid to an employee for p…

Except as provided in § 25-7-6.26 , it is presumed for the purposes of determination of child support that a parent is capable of being employed a minimum of one thousand eight hundred twenty hours per year, and the parent's child support obligation must be calculated at a rate n…

If a child's needs are not being met through the income of the parents, assets shall be considered. If the parents have savings, life insurance, or other assets in amounts unrelated to income, these holdings shall be considered. The parents' ability to borrow may be used to deter…

Gross income from a business, profession, farming, rentals, royalties, estates, trusts, or other sources, are the net profits or gain, or net losses shown on any or all schedules filed as part of the parents' federal income tax returns or as part of any federal income tax returns…

Deductions from monthly gross income must be allowed as follows: (1) Income taxes payable based on the applicable tax rate for a single taxpayer and a monthly payroll period rather than the actual tax rate; (2) Social security and Medicare taxes based on the applicable tax rate f…

25-7-6.9 Income above the schedule--Child support adjusted to appropriate level. 25-7-6.10 Factors considered for deviation from schedule. 25-7-6.11 Periodic adjustments in support. 25-7-6.12 Review and amendment of schedule. 25-7-6.13 Modification of prior orders of support. 25-…

For a combined net income above the schedule in § 25-7-6.2 , the child support obligation shall be established at an appropriate level, taking into account the actual needs and standard of living of the child. Source: SL 1989, ch 220 , § 9.

25-7-7.1 Continuation of duty to support. 25-7-7.2 Expenses incurred on child's behalf--Fee schedule. 25-7-7.3 Previously ordered support payments not subject to modification--Exception. 25-7-7.4 Unpaid payment or installment of support as judgment. 25-7-7.5 Filing of sworn state…

A parent's duty to support his child continues if the child is placed with the Department of Social Services for custody, for temporary guardianship, or for care and placement. Source: SL 1987, ch 189 , § 1.

The secretary of social services may, pursuant to chapter 1-26 , establish a fee schedule for all expenses incurred on a child's behalf while in the care of the department. Such fees may not exceed actual costs. Source: SL 1987, ch 189 , § 2.

Any previously ordered support payments that have become due, whether paid or unpaid, are not subject to modification by a court or administrative entity of this state, except those accruing in any period in which there is pending a petition for modification of the support obliga…

Any payment or installment of support under an order for support, as defined by § 25-7A-1 , whether entered by a court or an administrative entity of this state or of any other state or jurisdiction, which is unpaid after the date it is due, is a judgment by operation of law, wit…

In order to preserve such judgment against subsequent mortgages, purchasers, or judgment creditors for value and without actual notice of the lien on any property situated in a county, the support obligee or the secretary of the Department of Social Services may give notice of th…

If, at any time, unpaid child support arrearages exist, the court may order the support obligor to pay towards the arrearages such sums as are ordered by the court, in addition to any other remedies of the support obligee. Source: SL 2001, ch 133 , § 4.

If a presumed or legally determined father has a child support order and disestablishes his paternity pursuant to § 25-8-64 , the child support order is automatically terminated from entry of the disestablishment order. The disestablished father continues to be responsible for an…

A stepparent shall maintain his spouse's children born prior to their marriage and is responsible as a parent for their support and education suitable to his circumstances, but such responsibility shall not absolve the natural or adoptive parents of the children from any obligati…

Except as provided in § 25-5-18.1 , if a child, after attaining majority continues to serve and to be supported by the parent, neither party is entitled to compensation in the absence of an agreement therefor. Source: SDC 1939, § 14.0317; SL 1987, ch 192 .