Title 25 — DOMESTIC RELATIONS

A person shall support himself or herself and his or her spouse out of his or her property or by his or her labor. Source: SDC 1939, § 14.0209; SL 1984, ch 12 , § 46.

If a parent neglects to provide articles necessary for his child who is under his charge, according to his circumstances, a third person may in good faith supply such necessaries and recover the reasonable value thereof from the parent. Source: SDC 1939, § 14.0313. 25-7-11. Repea…

25-7-12 Allowances to parent out of child's property. 25-7-13 Support of spouse and children out of property of absentee, prisoner or mentally ill person--Application to circuit court--Notice--Trial and judgment. 25-7-14 Reimbursement of county from deceased parent's estate for s…

The circuit court may direct an allowance to be made to a parent of a child, out of its property, for its past or future support and education, on such conditions as may be proper, whenever such direction is for its benefit. Source: SDC 1939, § 14.0314.

In case the husband or wife abandon the other and remove from the state and remain absent therefrom one year or more, or be sentenced to imprisonment in the county jail or state penitentiary for a period of one year or more, or become mentally ill and be committed to the South Da…

If a parent chargeable with the support of a child dies leaving it chargeable upon the county, and leaving an estate sufficient for its support, the officers of the poor, in the name of the county, may claim provision for its support from the parent's estate by civil action, and …

The parent of any child under the age of ten years and any person to whom any such child has been confided for nurture or education who deserts such child in any place with intent to wholly abandon the child, is guilty of a Class 4 felony. Source: SDC 1939, § 13.3201; SL 1977, ch…

A parent of a minor child who intentionally omits without lawful excuse to furnish necessary food, clothing, shelter, medical attendance, other remedial care, or other means of support for the person's child is guilty of a Class 1 misdemeanor. If a parent, during a violation, lea…

Notwithstanding any provision of chapter 23A-43 to the contrary, any cash bond deposited with the court, whether or not personally posted by the defendant, to assure appearance of an individual charged with nonsupport of a child under § 25-7-15 or 25-7-16 or subject to civil proc…

Proof of abandonment or desertion of a child by a parent, or the omission by a parent to furnish necessary food, clothing, shelter, medical attendance, other remedial care, or other means of support for his child is prima facie evidence that the abandonment, desertion, or omissio…

However, any parent who chooses nonmedical remedial health services recognized or permitted under state law in the legitimate practice of religious beliefs in lieu of medical attendance is not for that reason alone in violation of §§ 25-7-17 and

25-7-19 Marital status and divorce decrees immaterial to criminal liability--Status of unborn child. 25-7-20 Parent's criminal liability not relieved by other parent's custody or support provided by others. 25-7-20.1 Complaint for nonsupport signed by representative of department…

The provisions of §§ 25-7-16 to 25-7-20 , inclusive, are applicable whether the parents of such child are married or divorced, and regardless of any decree made in any divorce action relative to alimony or to the support of the child. A child conceived but not yet born is to be d…

If a person neglects to make adequate provision for the support of his or her spouse, any other person may in good faith supply the spouse with reasonable necessaries for the spouse's support and recover the reasonable value thereof from that person, except in cases where by law …

This chapter may not be construed to relieve one parent from the criminal liability defined in § 25-7-16 for an omission because the other parent of the child is legally entitled to the custody of the child nor because the other parent of the child, or any other person, or organi…

When any payment of public moneys has been made by the Department of Social Services, under the provisions of this chapter for the support or aid of any person, any representative of the department may sign a criminal complaint against that person for any violation of the provisi…

25-7-22 Communications not privileged in nonsupport prosecutions--Husband and wife as witnesses. 25-7-23 Abandonment and nonsupport of spouse or children as prima facie evidence of intent. 25-7-24 Release on undertaking to support spouse or child--Amount and terms of undertaking.…

In all prosecutions under § 25-7-4 or under §§ 25-7-16 to 25-7-20 , inclusive, any existing provisions of law prohibiting the disclosure of confidential communications between husband and wife shall not apply, and both husband and wife shall be competent to testify to any and all…

Proof of the abandonment and nonsupport of a spouse, or of the omission to furnish necessary food, clothing, shelter, or of medical attendance for a child or children is prima facie evidence that such abandonment and nonsupport or omission to furnish necessary food, clothing, she…

If after arrest and before trial or after conviction and before sentence, the party arrested or convicted pursuant to § 25-7-4 or §§ 25-7-16 to 25-7-20 , inclusive, shall appear before the court in which the case is pending or the conviction had and enter into an undertaking to t…

The undertaking shall remain in force so long as the court deems necessary, but whenever it shall appear to the court, by affidavit or otherwise, that the defendant is then, and for a reasonable time prior thereto has been in good faith, furnishing his or her spouse or child with…

If a defendant fails to comply with the undertaking, he or she may be arrested on a warrant issued from the court in which the case is pending or the conviction was had. The court may thereupon order a forfeiture of the undertaking and that the defendant be tried or committed in …

In any civil or administrative action provided by law for the enforcement of support, any person owing the support may be required to give security, or post a bond or undertaking to secure payment of the overdue support. Notice shall be sent to the obligor regarding the proposed …

Any adult child, having the financial ability to do so, shall provide necessary food, clothing, shelter, or medical attendance for a parent who is unable to provide for oneself. However, no claim may be made against such adult child until the adult child is given written notice t…

In the event necessary food, clothing, shelter, or medical attendance is provided for a parent by a child, he shall have the right of contribution from his adult brothers and sisters, who refuse or do not assist in such maintenance, on a pro rata share to the extent of their abil…

25-7-30 Proof of marriage and parentage. 25-7-31 25-7-31 to 25-7-36. Repealed by SL 1986, ch 218 , §§ 62 to 67. 25-7-37 Chronically delinquent defined. 25-7-38 Late fee for certain chronically delinquent child support payments.

A person abandoned by his or her spouse is not liable for the spouse's support until the spouse offers to return, unless the spouse was justified by the person's misconduct in abandoning him or her. A person is not liable for a spouse's support when the spouse is living separate …

No other evidence shall be required to prove marriage of husband and wife, or that a person is the lawful father or mother of a child or children, than is or shall be required to prove such facts in a civil action. Source: SDC 1939, § 13.3207 as enacted by SL 1963, ch 56 , § 1. 2…

For the purposes of § 25-7-38 , the term, chronically delinquent, means the child support is paid ten or more days after the date the child support is due in each of three or more months in any twelve-month consecutive period, or the child support paid is less than ninety percent…

An obligor found to be chronically delinquent in child support payments or installments as required under an order for support, as defined in § 25-7A-1 , is subject to a late payment fee equal to ten percent of the ordered child support or fifty dollars, whichever is greater, for…

Every person with sufficient ability to provide for his or her spouse's support, or who is able to earn the means of the spouse's support, who intentionally abandons and leaves his or her spouse in a destitute condition, or who refuses or neglects to provide such spouse with nece…

A person shall support his or her spouse, when the spouse has not deserted him or her, out of his or her separate property, when the spouse has no separate property and the spouse is unable from infirmity to support himself or herself. Source: SDC 1939, § 14.0209; SL 1984, ch 12 …

25-7-6.1 Obligation of parents to support child--Liability of absent parent--"Continued absence from the home". 25-7-6.2 Support obligation schedule. 25-7-6.3 Determination of parents' monthly net income--Sources of income. 25-7-6.4 Rebuttable presumption of employment at minimum…

The parents of a child are jointly and severally obligated for the necessary maintenance, education, and support of the child in accordance with their respective means. Until established by a court order, the minimum child support obligation of a parent who fails to furnish maint…

Deviation from the schedule in § 25-7-6.2 must be considered if raised by either party and made only upon the entry of specific findings based upon any of the following factors: (1) The income of a subsequent spouse or contribution of a third party to the income or expenses of th…

The court setting the support shall have the authority to require periodic adjustments in the support. Source: SL 1989, ch 220 , § 11.

The Governor shall, commencing in the year 2000, establish quadrennially a commission on child support. The commission shall review the provisions of this chapter, shall report its findings to the Governor and the Legislature, and may propose amendment thereof to the Legislature.…

All orders for support entered and in effect prior to July 1, 2026, may be modified in accordance with this chapter, without requiring a showing of a change in circumstances from the entry of the order. If a parent incarcerated for more than one hundred eighty days is released fr…

If the child resides with the obligor six or more nights in a month pursuant to a custody order, the court may, if deemed appropriate under the circumstances, grant an abatement of not less than thirty-eight percent nor more than sixty-six percent of the basic child support oblig…

If travel costs are substantial due to the distance between the parents, the court may order the allocation of such costs, taking into consideration the circumstances of the respective parties as well as which parent moved and the reason that the move was made. Source: SL 1989, c…

The court shall enter an order addressing how the child's health care needs will be met by medical support. The medical support order must include a provision for medical insurance if the insurance is accessible for the child and available to a parent at reasonable cost. Enrollme…

In cases resulting in an adjustment of more than twenty - five percent in the support award, the court may phase in the adjustment over time. Source: SL 1989, ch 220 , § 17.

The court may enter an order allocating the reasonable child care expenses for the child, which are due to employment of either parent, job search of either parent, or the training or education of either parent necessary to obtain a job or enhance earning potential. The court may…

Notwithstanding the provisions of § 25-7A-17 or 25-7-7.3 , if, by agreement of the parties, or by court order, the obligor had primary physical custody of the child for more than four consecutive months, the court may credit the obligor for child support arrearages that accumulat…

The child support obligation must be established in accordance with the following schedule subject to the revisions or deviations as permitted by this chapter. Except as provided in this chapter, the combined monthly net incomes of both parents must be used in determining the obl…

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 any other state or jurisdiction, which is unpaid after the date it is due, is a lien by operation of law, with the f…

If the child receives social security or veteran's dependent benefits as a result of the obligor's disability, or social security retirement benefits from the obligor, the obligor is entitled to a credit to the amount of the monthly support obligation. Source: SL 2005, ch 134 , §…

If a parent has annual primary employment earnings that equal or exceed the current state minimum hourly wage multiplied by one thousand eight hundred twenty hours, there is a rebuttable presumption that a parent's second job income is not to be considered in establishing a suppo…

If the parents have two or more children between them and each parent has primary physical custody of at least one child, the child support obligation shall be determined by computing the amount of each parent's respective support obligation for the children in the other parent's…

If the parents of a child have agreed to a change in the physical custody of the child without the court's approval, the parent who relinquished physical custody may be ordered to pay child support to the parent who gained physical custody of the child even though the custody ord…