CHAPTER 25-7
SUPPORT OBLIGATIONS
25-7-1
Duty to support spouse.
25-7-2
Liability for necessaries supplied to spouse.
25-7-3
Abandonment or separation of spouses--Liability for support.
25-7-4
Failure to support spouse as felony.
25-7-5
Duty to support spouse.
25-7-6
Repealed.
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 wage.
25-7-6.5
Assets considered when income insufficient.
25-7-6.6
Profits or losses shown on federal income tax schedules as gross income--Court allowance of deduction.
25-7-6.7
Allowable deductions from monthly gross income.
25-7-6.8
Schedule used for child support obligations--Sex of obligor disregarded.
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.
25-7-6.14
Abatement of portion of child support--Modification.
25-7-6.15
Allocation of travel costs by court.
25-7-6.16
Medical support--Insurance--Computation of costs--Apportionment between
parents.
25-7-6.17
Large adjustment in support phased in.
25-7-6.18
Order allocating child care expenses.
25-7-6.19
Credit for child support arrearages for parent with primary physical custody
during period of custody.
25-7-6.20
Lien on payment or installment of support under an order of support--Notice.
25-7-6.21
Credit on monthly support obligation for social security or veteran's dependent
benefits.
25-7-6.22
Rebuttable presumption that second job income not to be considered in
establishing support obligation.
25-7-6.23
Offset of support obligation when each parent has primary physical custody
of at least one child--Computation--Assistance from department.
25-7-6.24
Change of physical custody of child without court approval--Order to pay
child support.
25-7-6.25
Form to request reimbursement of medical or health care costs from parent--Small claims procedure.
25-7-6.26
Effect of failure to furnish financial information.
25-7-6.27
Shared parenting child support cross credit.
25-7-6.28
Child residence with parent for a night--Residence for days.
25-7-7
Repealed.
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
Past due 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 statement or certificate of unpaid support due--Effective date
of judgment.
25-7-7.6
Court may order payment of arrearages.
25-7-8
Stepparent's duty to support spouse's children.
25-7-9
Adult child supported by parent.
25-7-10
Liability of parent for necessaries supplied to child.
25-7-11
Repealed.
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 support provided
child.
25-7-15
Desertion of child under ten as felony.
25-7-16
Nonsupport of child by parent as misdemeanor--Felony where parent leaves
state--Spiritual treatment--Unemployment.
25-7-16.1
Cash bond for nonsupport applied to child support arrearages.
25-7-17
Abandonment or nonsupport of child by parent as prima facie evidence of
intent.
25-7-17.1
Parent's choice of health services permitted in legitimate practice of religious
beliefs not violation of support requirements.
25-7-18
Repealed.
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.
25-7-21
Proof of nonpaternity of husband.
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.
25-7-25
Cancellation of undertaking for support on demonstration of good faith.
25-7-26
Arrest and forfeiture of undertaking on failure to comply--Trial--Commitment
or release on new undertaking.
25-7-26.1
Posting bond by obligor--Notice.
25-7-27
Adult child's duty to support parent when necessary--Notice required.
25-7-28
Adult child's right of contribution from brothers and sisters for support of
parent--Notice required.
25-7-29
Repealed.
25-7-30
Proof of marriage and parentage.
25-7-31 to 25-7-36.
Repealed.
25-7-37
Chronically delinquent defined.
25-7-38
Late fee for certain chronically delinquent child support payments.
25-7-1 Duty to support spouse.
25-7-1.
Duty to support spouse.
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.
25-7-2 Liability for necessaries supplied to spouse.
25-7-2.
Liability for necessaries supplied to spouse.
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 the person is not liable for the spouse's support.
Source: SDC 1939, § 14.0210; SL 1984, ch 12, § 47.
25-7-3 Abandonment or separation of spouses--Liability for support.
25-7-3.
Abandonment or separation of spouses--Liability for support.
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 by agreement, unless support is stipulated in
the agreement.
Source: SDC 1939, § 14.0211; SL 1984, ch 12, § 48.
25-7-4 Failure to support spouse as felony.
25-7-4.
Failure to support spouse as felony.
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 necessary food, clothing, shelter, or medical attendance, unless,
by the spouse's misconduct, he or she is justified in abandoning the spouse or failing to so provide
is guilty of a Class 6 felony.
Source: SDC 1939, § 13.3205 as enacted by SL 1963, ch 56, § 1; SL 1984, ch 12, § 49.
25-7-5 Duty to support spouse.
25-7-5.
Duty to support spouse.
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, § 50.
25-7-6
25-7-6.
Repealed by SL 1991, ch 212
25-7-6.1 Obligation of parents to support child--Liability of absent parent--"Continued absenc...
25-7-6.1.
Obligation of parents to support child--Liability of absent parent--"Continued
absence from the home".
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
maintenance, education, and support for his child, following a continued absence from the home, is
the obligor's share of the amount shown in the support guidelines, commencing on the first day of
the absence. For the purposes of this section, "continued absence from the home," means that the
parent or child is physically absent from the home for a period of at least thirty consecutive days, and
that the nature of the absence constitutes family dissociation because of a substantial severance of
marital and family ties and responsibilities, resulting in the child losing or having a substantial
reduction of physical care, communication, guidance, and support from the parent.
Source: SL 1989, ch 220, § 1; SL 1992, ch 182, § 1.
25-7-6.2 Support obligation schedule.
25-7-6.2.
Support obligation schedule.
The child support obligation shall 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 shall
be used in determining the obligation which shall be divided proportionately between the parents
based upon their respective net incomes. The noncustodial parent's proportionate share establishes
the amount of the child support order.
If the obligation using only the noncustodial parent's monthly net income is an obligation within
the emboldened areas of the schedule, that amount shall be compared to the noncustodial parent's
proportionate share using both parents' monthly net incomes. The lesser amount establishes the
noncustodial parent's child support order.
Monthly
Net
Income
|
One
Child
|
Two
Children
|
Three
Children
|
Four
Children
|
Five
Children
|
Six
Children
|
|
0-1,100
|
216
|
279
|
312
|
335
|
357
|
379
|
|
1,150
|
256
|
319
|
352
|
375
|
397
|
419
|
|
1,200
|
296
|
359
|
392
|
415
|
437
|
459
|
|
1,250
|
319
|
399
|
432
|
455
|
477
|
499
|
|
1,300
|
332
|
439
|
472
|
495
|
517
|
539
|
|
1,350
|
344
|
479
|
512
|
535
|
557
|
579
|
|
1,400
|
357
|
519
|
552
|
575
|
597
|
619
|
|
1,450
|
369
|
539
|
592
|
615
|
637
|
659
|
|
1,500
|
381
|
557
|
632
|
655
|
677
|
699
|
|
1,550
|
393
|
574
|
672
|
695
|
717
|
739
|
|
1,600
|
405
|
590
|
700
|
735
|
757
|
779
|
|
1,650
|
416
|
607
|
719
|
775
|
797
|
819
|
|
1,700
|
428
|
624
|
738
|
815
|
837
|
859
|
|
1,750
|
440
|
640
|
757
|
846
|
877
|
899
|
|
1,800
|
451
|
657
|
777
|
868
|
917
|
939
|
|
1,850
|
463
|
674
|
796
|
889
|
957
|
979
|
|
1,900
|
475
|
690
|
815
|
911
|
997
|
1,019
|
|
1,950
|
487
|
707
|
835
|
932
|
1,025
|
1,059
|
|
2,000
|
498
|
723
|
854
|
954
|
1,049
|
1,099
|
|
2,050
|
510
|
740
|
873
|
975
|
1,073
|
1,139
|
|
2,100
|
522
|
757
|
892
|
997
|
1,096
|
1,179
|
|
2,150
|
533
|
773
|
912
|
1,018
|
1,120
|
1,218
|
|
2,200
|
545
|
790
|
931
|
1,040
|
1,144
|
1,243
|
|
2,250
|
557
|
807
|
950
|
1,061
|
1,167
|
1,269
|
|
2,300
|
568
|
823
|
969
|
1,083
|
1,191
|
1,295
|
|
2,350
|
580
|
840
|
989
|
1,104
|
1,215
|
1,321
|
|
2,400
|
592
|
857
|
1,008
|
1,126
|
1,239
|
1,347
|
|
2,450
|
603
|
873
|
1,028
|
1,148
|
1,263
|
1,373
|
|
2,500
|
615
|
890
|
1,047
|
1,170
|
1,287
|
1,399
|
|
2,550
|
627
|
907
|
1,067
|
1,191
|
1,311
|
1,425
|
|
2,600
|
638
|
923
|
1,086
|
1,213
|
1,334
|
1,450
|
|
2,650
|
650
|
940
|
1,105
|
1,235
|
1,358
|
1,476
|
|
2,700
|
662
|
957
|
1,125
|
1,257
|
1,382
|
1,502
|
|
2,750
|
673
|
973
|
1,144
|
1,278
|
1,406
|
1,528
|
|
2,800
|
685
|
990
|
1,164
|
1,300
|
1,430
|
1,554
|
|
2,850
|
696
|
1,007
|
1,183
|
1,322
|
1,454
|
1,580
|
|
2,900
|
708
|
1,023
|
1,203
|
1,343
|
1,478
|
1,606
|
|
2,950
|
720
|
1,040
|
1,222
|
1,365
|
1,502
|
1,632
|
|
3,000
|
731
|
1,056
|
1,242
|
1,387
|
1,526
|
1,658
|
|
3,050
|
743
|
1,073
|
1,261
|
1,409
|
1,549
|
1,684
|
|
3,100
|
755
|
1,090
|
1,281
|
1,430
|
1,573
|
1,710
|
|
3,150
|
766
|
1,106
|
1,300
|
1,452
|
1,597
|
1,736
|
|
3,200
|
776
|
1,120
|
1,316
|
1,470
|
1,617
|
1,757
|
|
3,250
|
779
|
1,125
|
1,321
|
1,476
|
1,623
|
1,765
|
|
3,300
|
782
|
1,129
|
1,327
|
1,482
|
1,630
|
1,772
|
|
3,350
|
786
|
1,134
|
1,332
|
1,488
|
1,637
|
1,779
|
|
3,400
|
789
|
1,139
|
1,337
|
1,494
|
1,643
|
1,786
|
|
3,450
|
792
|
1,144
|
1,343
|
1,500
|
1,650
|
1,793
|
|
3,500
|
796
|
1,148
|
1,348
|
1,506
|
1,657
|
1,801
|
|
3,550
|
799
|
1,153
|
1,354
|
1,512
|
1,663
|
1,808
|
|
3,600
|
802
|
1,158
|
1,359
|
1,518
|
1,670
|
1,815
|
|
3,650
|
810
|
1,169
|
1,371
|
1,532
|
1,685
|
1,832
|
|
3,700
|
819
|
1,181
|
1,386
|
1,548
|
1,703
|
1,851
|
|
3,750
|
828
|
1,194
|
1,401
|
1,565
|
1,721
|
1,871
|
|
3,800
|
836
|
1,206
|
1,416
|
1,581
|
1,739
|
1,891
|
|
3,850
|
845
|
1,219
|
1,430
|
1,598
|
1,758
|
1,911
|
|
3,900
|
854
|
1,232
|
1,445
|
1,614
|
1,776
|
1,930
|
|
3,950
|
863
|
1,244
|
1,460
|
1,631
|
1,794
|
1,950
|
|
4,000
|
872
|
1,257
|
1,475
|
1,647
|
1,812
|
1,970
|
|
4,050
|
879
|
1,267
|
1,487
|
1,661
|
1,827
|
1,986
|
|
4,100
|
882
|
1,272
|
1,491
|
1,665
|
1,832
|
1,991
|
|
4,150
|
886
|
1,276
|
1,495
|
1,670
|
1,837
|
1,997
|
|
4,200
|
889
|
1,280
|
1,499
|
1,675
|
1,842
|
2,003
|
|
4,250
|
893
|
1,285
|
1,504
|
1,680
|
1,848
|
2,008
|
|
4,300
|
896
|
1,289
|
1,508
|
1,684
|
1,853
|
2,014
|
|
4,350
|
900
|
1,293
|
1,512
|
1,689
|
1,858
|
2,020
|
|
4,400
|
903
|
1,297
|
1,517
|
1,694
|
1,863
|
2,025
|
|
4,450
|
907
|
1,302
|
1,521
|
1,699
|
1,869
|
2,031
|
|
4,500
|
910
|
1,306
|
1,525
|
1,703
|
1,874
|
2,037
|
|
4,550
|
914
|
1,310
|
1,529
|
1,708
|
1,879
|
2,043
|
|
4,600
|
917
|
1,315
|
1,534
|
1,713
|
1,884
|
2,048
|
|
4,650
|
921
|
1,319
|
1,538
|
1,718
|
1,890
|
2,054
|
|
4,700
|
924
|
1,324
|
1,543
|
1,723
|
1,896
|
2,061
|
|
4,750
|
928
|
1,329
|
1,548
|
1,730
|
1,903
|
2,068
|
|
4,800
|
932
|
1,334
|
1,554
|
1,736
|
1,909
|
2,076
|
|
4,850
|
936
|
1,339
|
1,560
|
1,742
|
1,916
|
2,083
|
|
4,900
|
940
|
1,344
|
1,565
|
1,748
|
1,923
|
2,091
|
|
4,950
|
943
|
1,349
|
1,571
|
1,755
|
1,930
|
2,098
|
|
5,000
|
947
|
1,354
|
1,577
|
1,761
|
1,937
|
2,106
|
|
5,050
|
951
|
1,360
|
1,582
|
1,767
|
1,944
|
2,113
|
|
5,100
|
955
|
1,365
|
1,588
|
1,774
|
1,951
|
2,121
|
|
5,150
|
958
|
1,370
|
1,593
|
1,780
|
1,958
|
2,128
|
|
5,200
|
962
|
1,375
|
1,599
|
1,786
|
1,965
|
2,136
|
|
5,250
|
966
|
1,380
|
1,605
|
1,792
|
1,972
|
2,143
|
|
5,300
|
970
|
1,385
|
1,610
|
1,799
|
1,979
|
2,151
|
|
5,350
|
973
|
1,390
|
1,616
|
1,805
|
1,985
|
2,158
|
|
5,400
|
977
|
1,395
|
1,622
|
1,811
|
1,992
|
2,166
|
|
5,450
|
981
|
1,400
|
1,627
|
1,818
|
1,999
|
2,173
|
|
5,500
|
985
|
1,406
|
1,633
|
1,824
|
2,006
|
2,181
|
|
5,550
|
988
|
1,411
|
1,638
|
1,830
|
2,013
|
2,188
|
|
5,600
|
992
|
1,416
|
1,644
|
1,836
|
2,020
|
2,196
|
|
5,650
|
996
|
1,421
|
1,650
|
1,843
|
2,027
|
2,203
|
|
5,700
|
1,000
|
1,426
|
1,655
|
1,849
|
2,034
|
2,211
|
|
5,750
|
1,004
|
1,432
|
1,662
|
1,856
|
2,042
|
2,219
|
|
5,800
|
1,009
|
1,439
|
1,670
|
1,865
|
2,051
|
2,230
|
|
5,850
|
1,014
|
1,446
|
1,678
|
1,874
|
2,061
|
2,241
|
|
5,900
|
1,019
|
1,453
|
1,686
|
1,883
|
2,071
|
2,251
|
|
5,950
|
1,024
|
1,460
|
1,694
|
1,892
|
2,081
|
2,262
|
|
6,000
|
1,029
|
1,467
|
1,702
|
1,901
|
2,091
|
2,273
|
|
6,050
|
1,034
|
1,474
|
1,710
|
1,910
|
2,101
|
2,284
|
|
6,100
|
1,039
|
1,481
|
1,718
|
1,919
|
2,111
|
2,294
|
|
6,150
|
1,043
|
1,488
|
1,726
|
1,928
|
2,121
|
2,305
|
|
6,200
|
1,048
|
1,495
|
1,734
|
1,937
|
2,130
|
2,316
|
|
6,250
|
1,053
|
1,502
|
1,742
|
1,946
|
2,140
|
2,327
|
|
6,300
|
1,058
|
1,509
|
1,750
|
1,955
|
2,150
|
2,337
|
|
6,350
|
1,063
|
1,516
|
1,758
|
1,964
|
2,160
|
2,348
|
|
6,400
|
1,068
|
1,523
|
1,766
|
1,973
|
2,170
|
2,359
|
|
6,450
|
1,073
|
1,530
|
1,774
|
1,982
|
2,180
|
2,370
|
|
6,500
|
1,078
|
1,537
|
1,782
|
1,991
|
2,190
|
2,380
|
|
6,550
|
1,083
|
1,544
|
1,790
|
2,000
|
2,200
|
2,391
|
|
6,600
|
1,088
|
1,551
|
1,798
|
2,009
|
2,210
|
2,402
|
|
6,650
|
1,093
|
1,558
|
1,806
|
2,018
|
2,219
|
2,413
|
|
6,700
|
1,098
|
1,565
|
1,814
|
2,027
|
2,229
|
2,423
|
|
6,750
|
1,103
|
1,572
|
1,822
|
2,036
|
2,239
|
2,434
|
|
6,800
|
1,108
|
1,579
|
1,830
|
2,045
|
2,249
|
2,445
|
|
6,850
|
1,113
|
1,586
|
1,839
|
2,054
|
2,259
|
2,456
|
|
6,900
|
1,118
|
1,593
|
1,847
|
2,063
|
2,269
|
2,466
|
|
6,950
|
1,123
|
1,600
|
1,855
|
2,072
|
2,279
|
2,477
|
|
7,000
|
1,128
|
1,607
|
1,863
|
2,081
|
2,289
|
2,488
|
|
7,050
|
1,133
|
1,614
|
1,871
|
2,090
|
2,299
|
2,498
|
|
7,100
|
1,138
|
1,620
|
1,879
|
2,099
|
2,308
|
2,509
|
|
7,150
|
1,142
|
1,627
|
1,887
|
2,108
|
2,318
|
2,520
|
|
7,200
|
1,147
|
1,634
|
1,895
|
2,117
|
2,328
|
2,531
|
|
7,250
|
1,152
|
1,641
|
1,903
|
2,125
|
2,338
|
2,541
|
|
7,300
|
1,157
|
1,648
|
1,911
|
2,134
|
2,348
|
2,552
|
|
7,350
|
1,162
|
1,655
|
1,919
|
2,143
|
2,358
|
2,563
|
|
7,400
|
1,167
|
1,662
|
1,927
|
2,152
|
2,368
|
2,574
|
|
7,450
|
1,172
|
1,669
|
1,934
|
2,161
|
2,377
|
2,583
|
|
7,500
|
1,175
|
1,673
|
1,939
|
2,166
|
2,383
|
2,590
|
|
7,550
|
1,178
|
1,678
|
1,944
|
2,172
|
2,389
|
2,597
|
|
7,600
|
1,181
|
1,682
|
1,949
|
2,177
|
2,395
|
2,603
|
|
7,650
|
1,185
|
1,687
|
1,954
|
2,183
|
2,401
|
2,610
|
|
7,700
|
1,188
|
1,691
|
1,959
|
2,188
|
2,407
|
2,616
|
|
7,750
|
1,191
|
1,695
|
1,964
|
2,194
|
2,413
|
2,623
|
|
7,800
|
1,194
|
1,700
|
1,969
|
2,199
|
2,419
|
2,630
|
|
7,850
|
1,197
|
1,704
|
1,974
|
2,205
|
2,425
|
2,636
|
|
7,900
|
1,201
|
1,709
|
1,979
|
2,210
|
2,431
|
2,643
|
|
7,950
|
1,204
|
1,713
|
1,984
|
2,216
|
2,438
|
2,650
|
|
8,000
|
1,207
|
1,718
|
1,989
|
2,222
|
2,444
|
2,656
|
|
8,050
|
1,210
|
1,722
|
1,994
|
2,227
|
2,450
|
2,663
|
|
8,100
|
1,214
|
1,726
|
1,999
|
2,233
|
2,456
|
2,670
|
|
8,150
|
1,217
|
1,731
|
2,004
|
2,238
|
2,462
|
2,676
|
|
8,200
|
1,220
|
1,735
|
2,009
|
2,244
|
2,468
|
2,683
|
|
8,250
|
1,223
|
1,740
|
2,014
|
2,249
|
2,474
|
2,689
|
|
8,300
|
1,227
|
1,744
|
2,019
|
2,255
|
2,480
|
2,696
|
|
8,350
|
1,230
|
1,749
|
2,024
|
2,260
|
2,486
|
2,703
|
|
8,400
|
1,233
|
1,753
|
2,029
|
2,266
|
2,493
|
2,709
|
|
8,450
|
1,236
|
1,758
|
2,034
|
2,271
|
2,499
|
2,716
|
|
8,500
|
1,239
|
1,762
|
2,039
|
2,277
|
2,505
|
2,723
|
|
8,550
|
1,243
|
1,766
|
2,043
|
2,283
|
2,511
|
2,729
|
|
8,600
|
1,246
|
1,771
|
2,048
|
2,288
|
2,517
|
2,736
|
|
8,650
|
1,249
|
1,775
|
2,053
|
2,294
|
2,523
|
2,743
|
|
8,700
|
1,252
|
1,780
|
2,058
|
2,299
|
2,529
|
2,749
|
|
8,750
|
1,256
|
1,784
|
2,063
|
2,305
|
2,535
|
2,756
|
|
8,800
|
1,259
|
1,789
|
2,068
|
2,310
|
2,541
|
2,762
|
|
8,850
|
1,262
|
1,793
|
2,073
|
2,316
|
2,547
|
2,769
|
|
8,900
|
1,265
|
1,797
|
2,078
|
2,321
|
2,554
|
2,776
|
|
8,950
|
1,268
|
1,802
|
2,083
|
2,327
|
2,560
|
2,782
|
|
9,000
|
1,272
|
1,806
|
2,088
|
2,332
|
2,566
|
2,789
|
|
9,050
|
1,275
|
1,811
|
2,093
|
2,338
|
2,572
|
2,796
|
|
9,100
|
1,278
|
1,815
|
2,098
|
2,344
|
2,578
|
2,802
|
|
9,150
|
1,281
|
1,820
|
2,103
|
2,349
|
2,584
|
2,809
|
|
9,200
|
1,285
|
1,824
|
2,108
|
2,355
|
2,590
|
2,815
|
|
9,250
|
1,288
|
1,829
|
2,113
|
2,360
|
2,596
|
2,822
|
|
9,300
|
1,291
|
1,833
|
2,118
|
2,366
|
2,602
|
2,829
|
|
9,350
|
1,294
|
1,837
|
2,123
|
2,371
|
2,608
|
2,835
|
|
9,400
|
1,297
|
1,842
|
2,128
|
2,377
|
2,615
|
2,842
|
|
9,450
|
1,301
|
1,846
|
2,133
|
2,382
|
2,621
|
2,849
|
|
9,500
|
1,304
|
1,851
|
2,138
|
2,388
|
2,627
|
2,855
|
|
9,550
|
1,307
|
1,855
|
2,143
|
2,394
|
2,633
|
2,862
|
|
9,600
|
1,309
|
1,857
|
2,145
|
2,396
|
2,635
|
2,865
|
|
9,650
|
1,310
|
1,859
|
2,146
|
2,397
|
2,637
|
2,866
|
|
9,700
|
1,312
|
1,860
|
2,147
|
2,398
|
2,638
|
2,867
|
|
9,750
|
1,313
|
1,861
|
2,148
|
2,399
|
2,639
|
2,869
|
|
9,800
|
1,314
|
1,863
|
2,149
|
2,401
|
2,641
|
2,870
|
|
9,850
|
1,315
|
1,864
|
2,150
|
2,402
|
2,642
|
2,872
|
|
9,900
|
1,317
|
1,866
|
2,151
|
2,403
|
2,643
|
2,873
|
|
9,950
|
1,318
|
1,867
|
2,152
|
2,404
|
2,645
|
2,875
|
|
10,000
|
1,319
|
1,868
|
2,154
|
2,406
|
2,646
|
2,876
|
|
10,050
|
1,321
|
1,870
|
2,155
|
2,407
|
2,647
|
2,878
|
|
10,100
|
1,322
|
1,871
|
2,156
|
2,408
|
2,649
|
2,879
|
|
10,150
|
1,323
|
1,873
|
2,157
|
2,409
|
2,650
|
2,881
|
|
10,200
|
1,325
|
1,874
|
2,158
|
2,410
|
2,652
|
2,882
|
|
10,250
|
1,326
|
1,876
|
2,159
|
2,412
|
2,653
|
2,884
|
|
10,300
|
1,327
|
1,877
|
2,160
|
2,413
|
2,654
|
2,885
|
|
10,350
|
1,329
|
1,878
|
2,161
|
2,414
|
2,656
|
2,887
|
|
10,400
|
1,330
|
1,880
|
2,162
|
2,415
|
2,657
|
2,888
|
|
10,450
|
1,331
|
1,881
|
2,164
|
2,417
|
2,658
|
2,890
|
|
10,500
|
1,333
|
1,883
|
2,165
|
2,418
|
2,660
|
2,891
|
|
10,550
|
1,334
|
1,884
|
2,166
|
2,419
|
2,661
|
2,893
|
|
10,600
|
1,335
|
1,885
|
2,167
|
2,420
|
2,662
|
2,894
|
|
10,650
|
1,337
|
1,887
|
2,168
|
2,422
|
2,664
|
2,895
|
|
10,700
|
1,338
|
1,888
|
2,169
|
2,423
|
2,665
|
2,897
|
|
10,750
|
1,339
|
1,890
|
2,170
|
2,424
|
2,666
|
2,898
|
|
10,800
|
1,341
|
1,891
|
2,171
|
2,425
|
2,668
|
2,900
|
|
10,850
|
1,342
|
1,892
|
2,172
|
2,427
|
2,669
|
2,901
|
|
10,900
|
1,343
|
1,894
|
2,173
|
2,428
|
2,671
|
2,903
|
|
10,950
|
1,345
|
1,895
|
2,175
|
2,429
|
2,672
|
2,904
|
|
11,000
|
1,346
|
1,897
|
2,176
|
2,430
|
2,673
|
2,906
|
|
11,050
|
1,347
|
1,898
|
2,177
|
2,431
|
2,675
|
2,907
|
|
11,100
|
1,348
|
1,900
|
2,178
|
2,433
|
2,676
|
2,909
|
|
11,150
|
1,350
|
1,901
|
2,179
|
2,434
|
2,677
|
2,910
|
|
11,200
|
1,351
|
1,902
|
2,180
|
2,435
|
2,679
|
2,912
|
|
11,250
|
1,352
|
1,904
|
2,181
|
2,436
|
2,680
|
2,913
|
|
11,300
|
1,354
|
1,905
|
2,182
|
2,438
|
2,681
|
2,915
|
|
11,350
|
1,355
|
1,907
|
2,183
|
2,439
|
2,683
|
2,916
|
|
11,400
|
1,356
|
1,908
|
2,184
|
2,440
|
2,684
|
2,918
|
|
11,450
|
1,358
|
1,909
|
2,186
|
2,441
|
2,685
|
2,919
|
|
11,500
|
1,359
|
1,911
|
2,187
|
2,443
|
2,687
|
2,921
|
|
11,550
|
1,360
|
1,912
|
2,188
|
2,444
|
2,688
|
2,922
|
|
11,600
|
1,362
|
1,914
|
2,189
|
2,445
|
2,689
|
2,923
|
|
11,650
|
1,363
|
1,915
|
2,190
|
2,446
|
2,691
|
2,925
|
|
11,700
|
1,365
|
1,918
|
2,193
|
2,449
|
2,694
|
2,929
|
|
11,750
|
1,370
|
1,924
|
2,200
|
2,458
|
2,703
|
2,939
|
|
11,800
|
1,374
|
1,930
|
2,207
|
2,466
|
2,712
|
2,948
|
|
11,850
|
1,379
|
1,937
|
2,215
|
2,474
|
2,721
|
2,958
|
|
11,900
|
1,383
|
1,943
|
2,222
|
2,482
|
2,730
|
2,968
|
|
11,950
|
1,387
|
1,949
|
2,229
|
2,490
|
2,739
|
2,978
|
|
12,000
|
1,392
|
1,956
|
2,237
|
2,498
|
2,748
|
2,987
|
|
12,050
|
1,396
|
1,962
|
2,244
|
2,507
|
2,757
|
2,997
|
|
12,100
|
1,401
|
1,968
|
2,251
|
2,515
|
2,766
|
3,007
|
|
12,150
|
1,405
|
1,975
|
2,259
|
2,523
|
2,775
|
3,017
|
|
12,200
|
1,410
|
1,981
|
2,266
|
2,531
|
2,784
|
3,026
|
|
12,250
|
1,414
|
1,987
|
2,273
|
2,539
|
2,793
|
3,036
|
|
12,300
|
1,418
|
1,993
|
2,280
|
2,547
|
2,802
|
3,046
|
|
12,350
|
1,423
|
2,000
|
2,288
|
2,555
|
2,811
|
3,056
|
|
12,400
|
1,427
|
2,006
|
2,295
|
2,564
|
2,820
|
3,065
|
|
12,450
|
1,432
|
2,012
|
2,302
|
2,572
|
2,829
|
3,075
|
|
12,500
|
1,436
|
2,019
|
2,310
|
2,580
|
2,838
|
3,085
|
|
12,550
|
1,441
|
2,025
|
2,317
|
2,588
|
2,847
|
3,095
|
|
12,600
|
1,445
|
2,031
|
2,324
|
2,596
|
2,856
|
3,104
|
|
12,650
|
1,449
|
2,038
|
2,332
|
2,604
|
2,865
|
3,114
|
|
12,700
|
1,454
|
2,044
|
2,339
|
2,613
|
2,874
|
3,124
|
|
12,750
|
1,458
|
2,050
|
2,346
|
2,621
|
2,883
|
3,134
|
|
12,800
|
1,463
|
2,056
|
2,354
|
2,629
|
2,892
|
3,143
|
|
12,850
|
1,467
|
2,063
|
2,361
|
2,637
|
2,901
|
3,153
|
|
12,900
|
1,472
|
2,069
|
2,368
|
2,645
|
2,910
|
3,163
|
|
12,950
|
1,476
|
2,075
|
2,375
|
2,653
|
2,919
|
3,173
|
|
13,000
|
1,480
|
2,082
|
2,383
|
2,662
|
2,928
|
3,182
|
|
13,050
|
1,485
|
2,088
|
2,390
|
2,670
|
2,937
|
3,192
|
|
13,100
|
1,489
|
2,094
|
2,397
|
2,678
|
2,946
|
3,202
|
|
13,150
|
1,494
|
2,101
|
2,405
|
2,686
|
2,955
|
3,212
|
|
13,200
|
1,498
|
2,107
|
2,412
|
2,694
|
2,964
|
3,221
|
|
13,250
|
1,503
|
2,113
|
2,419
|
2,702
|
2,973
|
3,231
|
|
13,300
|
1,507
|
2,119
|
2,427
|
2,710
|
2,982
|
3,241
|
|
13,350
|
1,512
|
2,126
|
2,434
|
2,719
|
2,990
|
3,251
|
|
13,400
|
1,516
|
2,132
|
2,441
|
2,727
|
2,999
|
3,260
|
|
13,450
|
1,520
|
2,138
|
2,448
|
2,735
|
3,008
|
3,270
|
|
13,500
|
1,525
|
2,145
|
2,456
|
2,743
|
3,017
|
3,280
|
|
13,550
|
1,529
|
2,151
|
2,463
|
2,751
|
3,026
|
3,290
|
|
13,600
|
1,534
|
2,157
|
2,470
|
2,759
|
3,035
|
3,299
|
|
13,650
|
1,538
|
2,163
|
2,478
|
2,768
|
3,044
|
3,309
|
|
13,700
|
1,543
|
2,170
|
2,485
|
2,776
|
3,053
|
3,319
|
|
13,750
|
1,547
|
2,176
|
2,492
|
2,784
|
3,062
|
3,329
|
|
13,800
|
1,551
|
2,182
|
2,500
|
2,792
|
3,071
|
3,338
|
|
13,850
|
1,556
|
2,189
|
2,507
|
2,800
|
3,080
|
3,348
|
|
13,900
|
1,560
|
2,195
|
2,514
|
2,808
|
3,089
|
3,358
|
|
13,950
|
1,565
|
2,201
|
2,521
|
2,817
|
3,098
|
3,368
|
|
14,000
|
1,569
|
2,208
|
2,529
|
2,825
|
3,107
|
3,377
|
|
14,050
|
1,574
|
2,214
|
2,536
|
2,833
|
3,116
|
3,387
|
|
14,100
|
1,578
|
2,220
|
2,543
|
2,841
|
3,125
|
3,397
|
|
14,150
|
1,582
|
2,226
|
2,551
|
2,849
|
3,134
|
3,407
|
|
14,200
|
1,587
|
2,233
|
2,558
|
2,857
|
3,143
|
3,416
|
|
14,250
|
1,591
|
2,239
|
2,565
|
2,865
|
3,152
|
3,426
|
|
14,300
|
1,596
|
2,245
|
2,573
|
2,874
|
3,161
|
3,436
|
|
14,350
|
1,600
|
2,252
|
2,580
|
2,882
|
3,170
|
3,446
|
|
14,400
|
1,605
|
2,258
|
2,587
|
2,890
|
3,179
|
3,455
|
|
14,450
|
1,609
|
2,264
|
2,595
|
2,898
|
3,188
|
3,465
|
|
14,500
|
1,614
|
2,271
|
2,602
|
2,906
|
3,197
|
3,475
|
|
14,550
|
1,618
|
2,277
|
2,609
|
2,914
|
3,206
|
3,485
|
|
14,600
|
1,622
|
2,283
|
2,616
|
2,923
|
3,215
|
3,495
|
|
14,650
|
1,627
|
2,289
|
2,624
|
2,931
|
3,224
|
3,504
|
|
14,700
|
1,631
|
2,296
|
2,631
|
2,939
|
3,233
|
3,514
|
|
14,750
|
1,636
|
2,302
|
2,638
|
2,947
|
3,242
|
3,524
|
|
14,800
|
1,640
|
2,308
|
2,646
|
2,955
|
3,251
|
3,534
|
|
14,850
|
1,645
|
2,315
|
2,653
|
2,963
|
3,260
|
3,543
|
|
14,900
|
1,649
|
2,321
|
2,660
|
2,972
|
3,269
|
3,553
|
|
14,950
|
1,653
|
2,327
|
2,668
|
2,980
|
3,278
|
3,563
|
|
15,000
|
1,658
|
2,334
|
2,675
|
2,988
|
3,287
|
3,573
|
|
15,050
|
1,662
|
2,340
|
2,682
|
2,996
|
3,296
|
3,582
|
|
15,100
|
1,667
|
2,346
|
2,689
|
3,004
|
3,305
|
3,592
|
|
15,150
|
1,671
|
2,352
|
2,697
|
3,012
|
3,314
|
3,602
|
|
15,200
|
1,676
|
2,359
|
2,704
|
3,020
|
3,322
|
3,612
|
|
15,250
|
1,680
|
2,365
|
2,711
|
3,029
|
3,331
|
3,621
|
|
15,300
|
1,684
|
2,371
|
2,719
|
3,037
|
3,340
|
3,631
|
|
15,350
|
1,689
|
2,378
|
2,726
|
3,045
|
3,349
|
3,641
|
|
15,400
|
1,693
|
2,384
|
2,733
|
3,053
|
3,358
|
3,651
|
|
15,450
|
1,698
|
2,390
|
2,741
|
3,061
|
3,367
|
3,360
|
|
15,500
|
1,702
|
2,397
|
2,748
|
3,069
|
3,376
|
3,670
|
|
15,550
|
1,707
|
2,403
|
2,755
|
3,078
|
3,385
|
3,680
|
|
15,600
|
1,711
|
2,409
|
2,762
|
3,086
|
3,394
|
3,690
|
|
15,650
|
1,716
|
2,415
|
2,770
|
3,094
|
3,403
|
3,699
|
|
15,700
|
1,720
|
2,422
|
2,777
|
3,102
|
3,412
|
3,709
|
|
15,750
|
1,724
|
2,428
|
2,784
|
3,110
|
3,421
|
3,719
|
|
15,800
|
1,729
|
2,434
|
2,792
|
3,118
|
3,430
|
3,729
|
|
15,850
|
1,733
|
2,441
|
2,799
|
3,126
|
3,439
|
3,738
|
|
15,900
|
1,738
|
2,447
|
2,806
|
3,135
|
3,448
|
3,748
|
|
15,950
|
1,742
|
2,453
|
2,814
|
3,143
|
3,457
|
3,758
|
|
16,000
|
1,747
|
2,460
|
2,821
|
3,151
|
3,466
|
3,768
|
|
16,050
|
1,751
|
2,466
|
2,828
|
3,159
|
3,475
|
3,777
|
|
16,100
|
1,755
|
2,472
|
2,836
|
3,167
|
3,484
|
3,787
|
|
16,150
|
1,760
|
2,478
|
2,843
|
3,175
|
3,493
|
3,797
|
|
16,200
|
1,764
|
2,485
|
2,850
|
3,184
|
3,502
|
3,807
|
|
16,250
|
1,769
|
2,491
|
2,857
|
3,192
|
3,511
|
3,816
|
|
16,300
|
1,773
|
2,497
|
2,865
|
3,200
|
3,520
|
3,826
|
|
16,350
|
1,778
|
2,504
|
2,872
|
3,208
|
3,529
|
3,836
|
|
16,400
|
1,782
|
2,510
|
2,879
|
3,216
|
3,538
|
3,846
|
|
16,450
|
1,786
|
2,516
|
2,887
|
3,224
|
3,547
|
3,855
|
|
16,500
|
1,791
|
2,523
|
2,894
|
3,233
|
3,556
|
3,865
|
|
16,550
|
1,795
|
2,529
|
2,901
|
3,241
|
3,565
|
3,875
|
|
16,600
|
1,800
|
2,535
|
2,909
|
3,249
|
3,574
|
3,885
|
|
16,650
|
1,804
|
2,541
|
2,916
|
3,257
|
3,583
|
3,894
|
|
16,700
|
1,809
|
2,548
|
2,923
|
3,265
|
3,592
|
3,904
|
|
16,750
|
1,813
|
2,554
|
2,930
|
3,273
|
3,601
|
3,914
|
|
16,800
|
1,817
|
2,560
|
2,938
|
3,281
|
3,610
|
3,924
|
|
16,850
|
1,822
|
2,567
|
2,945
|
3,290
|
3,619
|
3,933
|
|
16,900
|
1,826
|
2,573
|
2,952
|
3,298
|
3,628
|
3,943
|
|
16,950
|
1,831
|
2,579
|
2,960
|
3,306
|
3,637
|
3,953
|
|
17,000
|
1,835
|
2,585
|
2,967
|
3,314
|
3,646
|
3,963
|
|
17,050
|
1,840
|
2,592
|
2,974
|
3,322
|
3,655
|
3,972
|
|
17,100
|
1,844
|
2,598
|
2,982
|
3,330
|
3,663
|
3,982
|
|
17,150
|
1,849
|
2,604
|
2,989
|
3,339
|
3,672
|
3,992
|
|
17,200
|
1,853
|
2,611
|
2,996
|
3,347
|
3,681
|
4,002
|
|
17,250
|
1,857
|
2,617
|
3,003
|
3,355
|
3,690
|
4,011
|
|
17,300
|
1,862
|
2,623
|
3,011
|
3,363
|
3,699
|
4,021
|
|
17,350
|
1,866
|
2,630
|
3,018
|
3,371
|
3,708
|
4,031
|
|
17,400
|
1,871
|
2,636
|
3,025
|
3,379
|
3,717
|
4,041
|
|
17,450
|
1,875
|
2,642
|
3,033
|
3,388
|
3,726
|
4,050
|
|
17,500
|
1,880
|
2,648
|
3,040
|
3,396
|
3,735
|
4,060
|
|
17,550
|
1,884
|
2,655
|
3,047
|
3,404
|
3,744
|
4,070
|
|
17,600
|
1,888
|
2,661
|
3,055
|
3,412
|
3,753
|
4,080
|
|
17,650
|
1,893
|
2,667
|
3,062
|
3,420
|
3,762
|
4,089
|
|
17,700
|
1,897
|
2,674
|
3,069
|
3,428
|
3,771
|
4,099
|
|
17,750
|
1,902
|
2,680
|
3,077
|
3,436
|
3,780
|
4,109
|
|
17,800
|
1,906
|
2,686
|
3,084
|
3,445
|
3,789
|
4,119
|
|
17,850
|
1,911
|
2,693
|
3,091
|
3,453
|
3,798
|
4,129
|
|
17,900
|
1,915
|
2,699
|
3,098
|
3,461
|
3,807
|
4,138
|
|
17,950
|
1,919
|
2,705
|
3,106
|
3,469
|
3,816
|
4,148
|
|
18,000
|
1,924
|
2,711
|
3,113
|
3,477
|
3,825
|
4,158
|
|
18,050
|
1,928
|
2,718
|
3,120
|
3,485
|
3,834
|
4,168
|
|
18,100
|
1,933
|
2,724
|
3,128
|
3,494
|
3,843
|
4,177
|
|
18,150
|
1,937
|
2,730
|
3,135
|
3,502
|
3,852
|
4,187
|
|
18,200
|
1,942
|
2,737
|
3,142
|
3,510
|
3,861
|
4,197
|
|
18,250
|
1,946
|
2,743
|
3,150
|
3,518
|
3,870
|
4,207
|
|
18,300
|
1,951
|
2,749
|
3,157
|
3,526
|
3,879
|
4,216
|
|
18,350
|
1,955
|
2,756
|
3,164
|
3,534
|
3,888
|
4,226
|
|
18,400
|
1,959
|
2,762
|
3,171
|
3,543
|
3,897
|
4,236
|
|
18,450
|
1,964
|
2,768
|
3,179
|
3,551
|
3,906
|
4,246
|
|
18,500
|
1,968
|
2,774
|
3,186
|
3,559
|
3,915
|
4,255
|
|
18,550
|
1,973
|
2,781
|
3,193
|
3,567
|
3,924
|
4,265
|
|
18,600
|
1,977
|
2,787
|
3,201
|
3,575
|
3,933
|
4,275
|
|
18,650
|
1,982
|
2,793
|
3,208
|
3,583
|
3,942
|
4,285
|
|
18,700
|
1,986
|
2,800
|
3,215
|
3,591
|
3,951
|
4,294
|
|
18,750
|
1,990
|
2,806
|
3,223
|
3,600
|
3,960
|
4,304
|
|
18,800
|
1,995
|
2,812
|
3,230
|
3,608
|
3,969
|
4,314
|
|
18,850
|
1,999
|
2,819
|
3,237
|
3,616
|
3,978
|
4,324
|
|
18,900
|
2,004
|
2,825
|
3,244
|
3,624
|
3,987
|
4,333
|
|
18,950
|
2,008
|
2,831
|
3,252
|
3,632
|
3,995
|
4,343
|
|
19,000
|
2,013
|
2,837
|
3,259
|
3,640
|
4,004
|
4,353
|
|
19,050
|
2,017
|
2,844
|
3,266
|
3,649
|
4,013
|
4,363
|
|
19,100
|
2,021
|
2,850
|
3,274
|
3,657
|
4,022
|
4,372
|
|
19,150
|
2,026
|
2,856
|
3,281
|
3,665
|
4,031
|
4,382
|
|
19,200
|
2,030
|
2,863
|
3,288
|
3,673
|
4,040
|
4,392
|
|
19,250
|
2,035
|
2,869
|
3,296
|
3,681
|
4,049
|
4,402
|
|
19,300
|
2,039
|
2,875
|
3,303
|
3,689
|
4,058
|
4,411
|
|
19,350
|
2,044
|
2,882
|
3,310
|
3,698
|
4,067
|
4,421
|
|
19,400
|
2,048
|
2,888
|
3,318
|
3,706
|
4,076
|
4,431
|
|
19,450
|
2,053
|
2,894
|
3,325
|
3,714
|
4,085
|
4,441
|
|
19,500
|
2,057
|
2,900
|
3,332
|
3,722
|
4,094
|
4,450
|
|
19,550
|
2,061
|
2,907
|
3,339
|
3,730
|
4,103
|
4,460
|
|
19,600
|
2,066
|
2,913
|
3,347
|
3,738
|
4,112
|
4,470
|
|
19,650
|
2,070
|
2,919
|
3,354
|
3,746
|
4,121
|
4,480
|
|
19,700
|
2,075
|
2,926
|
3,361
|
3,755
|
4,130
|
4,489
|
|
19,750
|
2,079
|
2,932
|
3,369
|
3,763
|
4,139
|
4,499
|
|
19,800
|
2,084
|
2,938
|
3,376
|
3,771
|
4,148
|
4,509
|
|
19,850
|
2,088
|
2,945
|
3,383
|
3,779
|
4,157
|
4,519
|
|
19,900
|
2,092
|
2,951
|
3,391
|
3,787
|
4,166
|
4,528
|
|
19,950
|
2,097
|
2,957
|
3,398
|
3,795
|
4,175
|
4,538
|
|
20,000
|
2,101
|
2,963
|
3,405
|
3,804
|
4,184
|
4,548
|
The share of the custodial parent is presumed to be spent directly for the benefit of the child.
Source: SL 1989, ch 220, § 2; SL 1997, ch 154, § 1; SL 2001, ch 133, § 1; SL 2009, ch 130, § 1.
25-7-6.3 Determination of parents' monthly net income--Sources of income.
25-7-6.3.
Determination of parents' monthly net income--Sources of income.
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 personal services, whether salary, wages,
commissions, bonus, or otherwise designated;
(2)
Self-employment income including gain, profit, or loss from a business, farm, or
profession;
(3)
Periodic payments from pensions or retirement programs, including social security or
veteran's benefits, disability payments, or insurance contracts;
(4)
Interest, dividends, rentals, royalties, or other gain derived from investment of capital
assets;
(5)
Gain or loss from the sale, trade, or conversion of capital assets;
(6)
Unemployment insurance benefits;
(7)
Worker's compensation benefits; and
(8)
Benefits in lieu of compensation including military pay allowances.
Overtime wages, commissions, and bonuses may be excluded if the compensation is not a regular
and recurring source of income for the parent. Income derived from seasonal employment shall be
annualized to determine a monthly average income.
Source: SL 1989, ch 220, § 3; SL 2001, ch 133, § 5; SL 2009, ch 130, § 2.
25-7-6.4 Rebuttable presumption of employment at minimum wage.
25-7-6.4.
Rebuttable presumption of employment at minimum wage.
Except in cases of
physical or mental disability, it is presumed for the purposes of determination of child support that
a parent is capable of being employed at the minimum wage, including while incarcerated, and the
parent's child support obligation shall be computed at a rate not less than full-time employment at
the state minimum wage. Evidence to rebut this presumption may be presented by either parent.
Source: SL 1989, ch 220, § 4; SL 2009, ch 130, § 3.
25-7-6.5 Assets considered when income insufficient.
25-7-6.5.
Assets considered when income insufficient.
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 determine financial ability.
Source: SL 1989, ch 220, § 5.
25-7-6.6 Profits or losses shown on federal income tax schedules as gross income--Court allowance o...
25-7-6.6.
Profits or losses shown on federal income tax schedules as gross income--Court
allowance of deduction.
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 for
any business with which he is associated, except that the court may allow or disallow deductions for
federal income taxation purposes which do not require the expenditure of cash, including, but not
limited to, depreciation or depletion allowances, and may further consider the extent to which
household expenses, automobile expenses, and related items are deductible or partially deductible
for income tax purposes. In the event a court disallows depreciation, it may consider necessary
capital expenditures which enhance the parent's current income for child support purposes.
Source: SL 1989, ch 220, § 6.
25-7-6.7 Allowable deductions from monthly gross income.
25-7-6.7.
Allowable deductions from monthly gross income.
Deductions from monthly gross
income shall be allowed as follows:
(1)
Income taxes payable based on the applicable tax rate for a single taxpayer with one
withholding allowance and a monthly payroll period rather than the actual tax rate;
(2)
Social security and medicare taxes based on the applicable tax rate for an employee or a
self-employed taxpayer;
(3)
Contributions to an IRS qualified retirement plan not exceeding ten percent of gross
income;
(4)
Actual business expenses of an employee, incurred for the benefit of his employer, not
reimbursed;
(5)
Payments made on other support and maintenance orders.
Source: SL 1989, ch 220, § 7; SL 1997, ch 154, § 4; SL 2001, ch 133, § 3; SL 2005, ch 134, § 2.
25-7-6.8 Schedule used for child support obligations--Sex of obligor disregarded.
25-7-6.8.
Schedule used for child support obligations--Sex of obligor disregarded.
The
schedule in § 25-7-6.2 shall be used to set child support obligations, and shall be applied regardless
of the sex of the obligor.
Source: SL 1989, ch 220, § 8.
25-7-6.9 Income above the schedule--Child support adjusted to appropriate level.
25-7-6.9.
Income above the schedule--Child support adjusted to appropriate level.
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.
25-7-6.10 Factors considered for deviation from schedule.
25-7-6.10.
Factors considered for deviation from schedule.
Deviation from the schedule in
§ 25-7-6.2 shall 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 that parent but only if the application of the schedule works a financial
hardship on either parent;
(2)
Any financial condition of either parent which would make application of the schedule
inequitable. If the total amount of the child support obligation, including any adjustments
for health insurance and child care costs, exceeds fifty percent of the obligor's monthly
net income, it is presumed that the amount of the obligation imposes a financial hardship
on the obligor. This presumption may be rebutted based upon other factors set forth in this
section;
(3)
Any necessary education or health care special needs of the child;
(4)
The effect of agreements between the parents regarding extra forms of support for the
direct benefit of the child;
(5)
The obligation of either parent to provide for subsequent natural children, adopted
children, or stepchildren. However, an existing support order may not be modified solely
for this reason; or
(6)
The voluntary and unreasonable act of a parent which causes the parent to be unemployed
or underemployed, unless the reduction of income is due to incarceration.
Source: SL 1989, ch 220, § 10; SL 1997, ch 154, § 3; SL 2001, ch 133, § 7; SL 2005, ch 134, § 10;
SL 2007, ch 158, § 1; SL 2009, ch 130, § 4.
25-7-6.11 Periodic adjustments in support.
25-7-6.11.
Periodic adjustments in support.
The court setting the support shall have the
authority to require periodic adjustments in the support.
Source: SL 1989, ch 220, § 11.
25-7-6.12 Review and amendment of schedule.
25-7-6.12.
Review and amendment of schedule.
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.
Source: SL 1989, ch 220, § 12; SL 1997, ch 154, § 5.
25-7-6.13 Modification of prior orders of support.
25-7-6.13.
Modification of prior orders of support.
All orders for support entered and in
effect prior to July 1, 2009, may be modified in accordance with this chapter without requiring a
showing of a change in circumstances from the entry of the order.
Source: SL 1989, ch 220, § 13; SL 1997, ch 154, § 6; SL 2001, ch 133, § 8; SL 2005, ch 134, § 4;
SL 2009, ch 130, § 5.
25-7-6.14 Abatement of portion of child support--Modification.
25-7-6.14.
Abatement of portion of child support--Modification.
If the child resides with the
obligor ten 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 obligation for the nights the child resides with
the obligor. The order granting the abatement shall specify the number of nights for which the
abatement is allowed and the amount of the abatement. In deciding whether an abatement is
appropriate, the court shall consider whether it would have a substantial negative effect on the child's
standard of living. The court shall allow the abatement to the obligor in the month in which the
parenting time is ordered or apportion the abatement over a period of twelve months. It shall be
presumed that the parenting time is exercised. If the parenting time exercised substantially deviates
from the parenting time ordered, either party may petition the court for modification of the support
order without showing any other change in circumstances.
Source: SL 1989, ch 220, § 14; SL 1997, ch 154, § 7; SL 2001, ch 133, § 2; SL 2005, ch 134, § 3;
SL 2009, ch 130, § 6.
25-7-6.15 Allocation of travel costs by court.
25-7-6.15.
Allocation of travel costs by court.
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, ch 220, § 15; SL 1997, ch 154, § 8.
25-7-6.16 Medical support--Insurance--Computation of costs--Apportionment between parents.
25-7-6.16.
Medical support--Insurance--Computation of costs--Apportionment between
parents.
The court shall enter an order addressing how the child's health care needs will be met by
medical support to be provided by one or both of the parents. The medical support order shall include
a provision for medical insurance if the insurance is accessible for the child and available to a parent
at reasonable cost. Medical insurance is considered accessible if a medical insurance benefit plan is
available and provides coverage for the child residing within the geographic area covered by the
insurance policy. Medical insurance is considered reasonable in cost if the cost attributable to the
child is equal to or less than eight percent of the parent's net income as determined under this
chapter, and the amount shall be specified in the order for support.
The cost of the insurance attributable to the child is the cost of adding the child to existing
coverage, the difference between self-only coverage and family coverage, or the cost of private
medical insurance for the child. The cost attributable to the child under family coverage is the
difference between self-only coverage and family coverage divided by the number of individuals,
excluding the parent, enrolled in the family coverage. The cost so computed shall be apportioned
between the parents on the basis of income or income imputed as provided in this chapter. If one
parent pays the entire amount, that parent shall either be reimbursed by the other parent for that
parent's portion of the payment or shall receive a credit against his or her support obligation,
whichever is appropriate. Any additional, reasonable health care costs, including medical,
optometric, dental or orthodontic, or counseling costs for each minor child which exceed two
hundred fifty dollars in any year and are not covered by insurance, shall be apportioned between the
parents in proportion to the support obligation of each parent. The parent that has primary physical
custody of the child is responsible for the first two hundred fifty dollars of health care costs each
calendar year.
Source: SL 1989, ch 220, § 16; SL 1997, ch 154, § 9; SL 2009, ch 130, § 7.
25-7-6.17 Large adjustment in support phased in.
25-7-6.17.
Large adjustment in support phased in.
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.
25-7-6.18 Order allocating child care expenses.
25-7-6.18.
Order allocating child care expenses.
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 consider whether the federal child care tax credit for such
minor child is available as a benefit to the custodial parent. If the federal child care tax credit is
available to the custodial parent, it shall be calculated at twenty-five percent of the eligible expense.
Source: SL 1997, ch 154, § 2.
25-7-6.19 Credit for child support arrearages for parent with primary physical custody during period...
25-7-6.19.
Credit for child support arrearages for parent with primary physical custody during
period of custody.
Notwithstanding the provisions of § 25-7A-17 or 25-7-7.3, if, by agreement of
the parties, 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 which accumulated during the
period the obligor had actual physical custody of the child.
Source: SL 1997, ch 154, § 10.
25-7-6.20 Lien on payment or installment of support under an order of support--Notice.
25-7-6.20.
Lien on payment or installment of support under an order of support--Notice.
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 full force and effect and
attributes of a lien of this state, including enforceability, and is entitled, as a lien, to full faith and
credit in this state.
In order to preserve such lien, any Title IV-D agency may perfect and enforce a lien authorized
by this section in the same manner as liens are perfected for the specific type of real and personal
property upon which the lien is claimed. The priority of the lien shall be established as of its date of
filing. The register of deeds office is not entitled to any fee for registering or filing any lien under
this section.
However, no lien is attached to any real or personal property which the obligor has transferred
to another person who has purchased the property in good faith, for value, prior to the time that the
Title IV-D agency's lien on the property has been perfected in the manner provided by law.
Source: SL 1997, ch 155, § 1; SL 1998, ch 156, § 1.
25-7-6.21 Credit on monthly support obligation for social security or veteran's dependent benefits.
25-7-6.21.
Credit on monthly support obligation for social security or veteran's dependent
benefits.
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, § 1.
25-7-6.22 Rebuttable presumption that second job income not to be considered in establishing support...
25-7-6.22.
Rebuttable presumption that second job income not to be considered in
establishing support obligation.
If a parent is employed full-time at a rate of pay that equals or
exceeds the state's minimum wage, it is presumed that a parent's second job income is not to be
considered in establishing a support obligation. This presumption may be rebutted by evidence that
the income source was available to pay expenses related to the child when the parent initially became
obligated for the support of the child pursuant to § 25-7-6.1.
Source: SL 2005, ch 134, § 5; SL 2009, ch 130, § 8.
25-7-6.23 Offset of support obligation when each parent has primary physical custody of at least one...
25-7-6.23.
Offset of support obligation when each parent has primary physical custody of at
least one child--Computation--Assistance from department.
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 physical custody, and the support obligations shall
be offset in determining a monthly support obligation. If one or more of the children are receiving
assistance from the department as provided in § 28-7A-7, and in lieu of the offset, each parent shall
be obligated to pay the respective support obligation amount to the other parent.
Source: SL 2005, ch 134, § 6.
25-7-6.24 Change of physical custody of child without court approval--Order to pay child support.
25-7-6.24.
Change of physical custody of child without court approval--Order to pay child
support.
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 order has not
been modified to reflect the change in custody.
Source: SL 2005, ch 134, § 11.
25-7-6.25 Form to request reimbursement of medical or health care costs from parent--Small claims pr...
25-7-6.25.
Form to request reimbursement of medical or health care costs from parent--Small
claims procedure.
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 shall also be entitled to use the small claims
procedure of chapter 15-39 as a means to collect unreimbursed medical or health care costs from the
responsible parent.
Source: SL 2005, ch 134, § 12.
25-7-6.26 Effect of failure to furnish financial information.
25-7-6.26.
Effect of failure to furnish financial information.
If a parent in a child support
establishment or modification proceeding fails to furnish income or other financial information, the
parent is in default, and that parent's income for purposes of determining child support shall be
computed at a rate not less than the most recent annual pay standard as reported by the Department
of Labor and Regulation.
Source: SL 2009, ch 130, § 9; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
25-7-6.27 Shared parenting child support cross credit.
25-7-6.27.
Shared parenting child support cross credit.
If the parents have agreed in writing
to 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 child and the expenses of the child in proportion to their incomes,
and the shared parenting plan has been incorporated in the custody order, the court may, if deemed
appropriate under the circumstances, grant a cross credit on the amount of the child support
obligation based on the number of nights the child resides with each parent. The shared parenting
child support cross credit shall be calculated as follows:
(1)
Multiply the parents' combined child support obligation under the schedule by 1.5 to
establish the parents' combined shared parenting child support obligation;
(2)
Multiply the combined shared parenting child support obligation by each parent's
percentage share of the parents' combined net incomes to establish each parent's shared
parenting child support obligation;
(3)
Multiply each parent's shared parenting child support obligation by the percentage of
nights the child resides with each parent based on a three hundred sixty-five day calendar
year to establish each parent's prorated shared parenting child support obligation;
(4)
Offset the parents' prorated shared parenting child support obligations; and
(5)
The parent with the larger prorated shared parenting child support obligation shall pay the
difference between these amounts.
In deciding whether a shared parenting child support cross credit is appropriate, the court shall
consider whether it would have a substantial negative effect on the child's standard of living.
It is presumed that the parenting time is exercised. If the parenting time exercised substantially
deviates from the parenting time ordered, either party may petition the court for a modification of
the support order without showing any other change in circumstances.
Source: SL 2009, ch 130, § 10.
25-7-6.28 Child residence with parent for a night--Residence for days.
25-7-6.28.
Child residence with parent for a night--Residence for days.
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 residence.
If, in a calendar year, due to a parent's nighttime work schedule, a child resides with a parent for
days, but not nights, the court may condition the abatement on the required days rather than nights.
In those instances, on a school day, the child is treated as residing at the primary residence registered
with the school.
Source: SL 2009, ch 130, § 11.
25-7-7
25-7-7.
Repealed by SL 1989, ch 220, § 19
25-7-7.1 Continuation of duty to support.
25-7-7.1.
Continuation of duty to support.
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.
25-7-7.2 Expenses incurred on child's behalf--Fee schedule.
25-7-7.2.
Expenses incurred on child's behalf--Fee schedule.
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.
25-7-7.3 Past due support payments not subject to modification--Exception.
25-7-7.3.
Past due support payments not subject to modification--Exception.
Any past due
support payments 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 obligation, but only from the date that notice of hearing of the petition has been given to the
obligee, the obligor, and any other parties having an interest in such matter.
Source: SL 1987, ch 190.
25-7-7.4 Unpaid payment or installment of support as judgment.
25-7-7.4.
Unpaid payment or installment of support as judgment.
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, with the full force, effect, and attributes of a judgment
of this state, including enforceability, and is entitled, as a judgment, to full faith and credit in this
state.
Source: SL 1987, ch 191, § 1.
25-7-7.5 Filing of sworn statement or certificate of unpaid support due--Effective date of judgment...
25-7-7.5.
Filing of sworn statement or certificate of unpaid support due--Effective date of
judgment.
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 the
judgment by filing in the office of the clerk of courts of the county in which the order for support is
filed, or in any county in which a transcript of the order is filed and docketed, a sworn statement or
certificate showing the amount of unpaid support due under the order. The clerk of courts shall file
and docket the statement or certificate with the order for support or transcript thereof, as evidence
of the amount of the judgment for support, as provided in chapter 15-16. The judgment shall be
effective from the date and time of docketing the statement or certificate in the office of the clerk of
courts.
Source: SL 1987, ch 191, § 2.
25-7-7.6 Court may order payment of arrearages.
25-7-7.6.
Court may order payment of arrearages.
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.
25-7-8 Stepparent's duty to support spouse's children.
25-7-8.
Stepparent's duty to support spouse's children.
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 obligation of support.
Source: SDC 1939, § 14.0311; SL 1971, ch 164; SL 1980, ch 190.
25-7-9 Adult child supported by parent.
25-7-9.
Adult child supported by parent.
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.
25-7-10 Liability of parent for necessaries supplied to child.
25-7-10.
Liability of parent for necessaries supplied to child.
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
25-7-11.
Repealed by SL 1992, ch 182, § 2
25-7-12 Allowances to parent out of child's property.
25-7-12.
Allowances to parent out of child's property.
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.
25-7-13 Support of spouse and children out of property of absentee, prisoner or mentally ill perso...
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.
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 Dakota Human Services Center, and the
husband or wife of such person so imprisoned, mentally ill, or guilty of abandonment be without
means of support, the circuit court for the county in which such husband or wife resides, upon
application duly verified and supported by such evidence as the court deems sufficient, may, by order
or decree, authorize and direct the applicant or some other suitable person to manage, control, sell,
or encumber the property of such imprisoned, mentally ill, or offending person in order to make
suitable provision for the support and maintenance of his or her husband or wife and minor children
during the period of such abandonment, imprisonment, or mental illness. Notice of such application
must be served in the same manner as the summons in civil actions and in case of appearance by the
opposite party, trials and other proceedings may be had as in case of civil actions and all orders,
judgments, and decrees entered shall have the same force and effect.
Source: SDC 1939, § 14.0205.
25-7-14 Reimbursement of county from deceased parent's estate for support provided child.
25-7-14.
Reimbursement of county from deceased parent's estate for support provided child.
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 for this purpose may have
the same remedies as creditors against the estate and against the heirs, devisees, and next of kin of
the parent.
Source: SDC 1939, § 14.0315.
25-7-15 Desertion of child under ten as felony.
25-7-15.
Desertion of child under ten as felony.
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 189, § 94; SL 2006, ch 130, § 10.
25-7-16 Nonsupport of child by parent as misdemeanor--Felony where parent leaves state--Spiritual ...
25-7-16.
Nonsupport of child by parent as misdemeanor--Felony where parent leaves state--Spiritual treatment--Unemployment.
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, leaves the state and is absent for more than thirty days, the person is guilty of a
Class 6 felony. If a child is under treatment solely by spiritual means, the court may, as provided
under § 26-8A-22, order that medical treatment be provided for the child. For the purposes of this
section, unemployment without justifiable excuse or without verifiability of searching for
employment is not a lawful excuse for noncompliance.
Source: SDC 1939, § 13.3204 as enacted by SL 1963, ch 56, § 1; SL 1977, ch 189, § 95; SL 1981,
ch 196; SL 1990, ch 170, § 3; SL 1991, ch 217, § 170; SL 1994, ch 201.
25-7-16.1 Cash bond for nonsupport applied to child support arrearages.
25-7-16.1.
Cash bond for nonsupport applied to child support arrearages.
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 proceedings to enforce child
support obligations, may, at the discretion of the court, be ordered paid to the Department of Social
Services or the support obligee and applied to child support arrearages either as a condition imposed
by the court or as a result of the individual's failure to appear as required by the court.
Source: SL 2012, ch 144, § 1.
25-7-17 Abandonment or nonsupport of child by parent as prima facie evidence of intent.
25-7-17.
Abandonment or nonsupport of child by parent as prima facie evidence of intent.
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 omission is intentional and
without lawful excuse.
Source: SDC 1939, § 13.3204 as enacted by SL 1963, ch 56, § 1; SL 1982, ch 195, § 1.
25-7-17.1 Parent's choice of health services permitted in legitimate practice of religious beliefs n...
25-7-17.1.
Parent's choice of health services permitted in legitimate practice of religious
beliefs not violation of support requirements.
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 25-7-20.
Source: SL 1982, ch 195, § 4.
25-7-18
25-7-18.
Repealed by SL 1982, ch 195, § 2
25-7-19 Marital status and divorce decrees immaterial to criminal liability--Status of unborn chil...
25-7-19.
Marital status and divorce decrees immaterial to criminal liability--Status of unborn
child.
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 deemed an existing
person insofar as said sections are concerned.
Source: SDC 1939, § 13.3204 as enacted by SL 1963, ch 56, § 1.
25-7-20 Parent's criminal liability not relieved by other parent's custody or support provided by ...
25-7-20.
Parent's criminal liability not relieved by other parent's custody or support provided
by others.
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 organization, voluntarily
or involuntarily furnishes necessary food, clothing, shelter, medical attendance, other remedial care,
or other means of support for the child.
Source: SDC 1939, § 13.3204 as enacted by SL 1963, ch 56, § 1; SL 1982, ch 195, § 3.
25-7-20.1 Complaint for nonsupport signed by representative of department.
25-7-20.1.
Complaint for nonsupport signed by representative of department.
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 provisions of this chapter.
Source: SL 1963, ch 332; SDCL, § 23-19-3; SL 1978, ch 164, § 6.
25-7-21 Proof of nonpaternity of husband.
25-7-21.
Proof of nonpaternity of husband.
In any prosecution under §§ 25-7-16 to 25-7-20,
inclusive, it shall be competent for the people to prove nonaccess of husband to wife or any other
fact establishing nonpaternity of a husband.
Source: SDC 1939, § 13.3207 as enacted by SL 1963, ch 56, § 1.
25-7-22 Communications not privileged in nonsupport prosecutions--Husband and wife as witnesses.
25-7-22.
Communications not privileged in nonsupport prosecutions--Husband and wife as
witnesses.
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 relevant
matters, including the fact of marriage and the parentage of a child or children.
Source: SDC 1939, § 13.3207 as enacted by SL 1963, ch 56, § 1.
25-7-23 Abandonment and nonsupport of spouse or children as prima facie evidence of intent.
25-7-23.
Abandonment and nonsupport of spouse or children as prima facie evidence of
intent.
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, shelter, or
medical attendance is intentional.
Source: SDC 1939, § 13.3207 as enacted by SL 1963, ch 56, § 1; SL 1984, ch 12, § 51.
25-7-24 Release on undertaking to support spouse or child--Amount and terms of undertaking.
25-7-24.
Release on undertaking to support spouse or child--Amount and terms of
undertaking.
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 the state in a sum
to be fixed by the court, which may not exceed two thousand dollars, with or without sureties as may
be determined by the court, conditioned that the party will furnish his or her spouse with necessary
and proper home, food, care, and clothing, or that the party will furnish his or her child with a proper
home, food, care, and clothing, then the court may release the defendant.
Source: SDC 1939, § 13.3203; SL 1963, ch 56, § 3; SL 1984, ch 12, § 52.
25-7-25 Cancellation of undertaking for support on demonstration of good faith.
25-7-25.
Cancellation of undertaking for support on demonstration of good faith.
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 a necessary and proper
home, food, care, and clothing, the court may cancel the undertaking.
Source: SDC 1939, § 13.3203; SL 1963, ch 56, § 3; SL 1984, ch 12, § 53.
25-7-26 Arrest and forfeiture of undertaking on failure to comply--Trial--Commitment or release on...
25-7-26.
Arrest and forfeiture of undertaking on failure to comply--Trial--Commitment or
release on new undertaking.
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 execution of the sentence, or for good cause shown, may release the defendant upon
a new undertaking.
Source: SDC 1939, § 13.3203; SL 1963, ch 56, § 3; SL 1984, ch 12, § 54.
25-7-26.1 Posting bond by obligor--Notice.
25-7-26.1.
Posting bond by obligor--Notice.
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 action to enforce the overdue support obligation, the
requirement of posting bond and the procedures available for contesting the bonding requirement.
Source: SL 1986, ch 218, § 55.
25-7-27 Adult child's duty to support parent when necessary--Notice required.
25-7-27.
Adult child's duty to support parent when necessary--Notice required.
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 that the child's parent is unable to provide
for oneself, and such adult child has refused to provide for the child's parent. Notice required by this
section shall be given within ninety days after the necessary food, clothing, shelter, or medical
attendance, claimed in the notice, was first provided for the parent. However, in the case of fraud or
misrepresentation, notice shall be provided within ninety days after such fraud or misrepresentation
is known or should have been known. If the parent or someone acting on behalf of the parent makes
application for assistance pursuant to chapter 28-13, the county shall give the written notice required
herein within ninety days after it receives the application or notice required under § 28-13-1, 28-13-32.3, 28-13-32.4, or 28-13-34.1, whichever is sooner.
Source: SDC 1939, § 14.0320 as enacted by SL 1963, ch 61; SL 2000, ch 118, § 1.
25-7-28 Adult child's right of contribution from brothers and sisters for support of parent--Notic...
25-7-28.
Adult child's right of contribution from brothers and sisters for support of parent--Notice required.
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 ability to so
contribute to such support; provided that no right of contribution for support shall accrue except
from and after notice in writing is given by the child so providing for his parent.
Source: SDC 1939, § 14.0312 as added by SL 1963, ch 62.
25-7-29
25-7-29.
Repealed by SL 1992, ch 26, § 5
25-7-30 Proof of marriage and parentage.
25-7-30.
Proof of marriage and parentage.
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.
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.
25-7-37.
Chronically delinquent defined.
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 of the amount due in each of three or more months in any twelve-month
consecutive period.
Source: SL 2009, ch 135, § 1.
25-7-38 Late fee for certain chronically delinquent child support payments.
25-7-38.
Late fee for certain chronically delinquent child support payments.
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 each month in the preceding twelve months
that the payment was ten or more days delinquent or the payment was less than ninety percent of the
ordered child support. Any obligee seeking the late payment fee shall file in the office of the clerk
of courts of the county in which the order was filed, or in a county in which a transcript of the order
is filed and docketed, a petition showing the date of receipt of each month of delinquent payment,
the amount received, and the amount due and requesting that a late fee be ordered. Upon filing of
the petition, the obligee shall serve, by certified mail or as otherwise provided by law, a copy of the
petition to the obligor. The service of such notice shall be deemed complete when proof of the
service is filed with the court. The obligor has ten days from service to object to the imposition of
a late fee. If a party objects within ten days of service the court shall conduct a hearing as soon as
practical. The obligor has the burden of showing an inability to timely pay child support payments
or installments as required under an order of support. Based upon the evidence presented at the
hearing, the court may order the obligor to pay a late fee or may order any other relief as it deems
appropriate.
Source: SL 2009, ch 135, § 2.
Title 25
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