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South Dakota child support: the net income schedule, abatement, and the 180-night cross credit

South Dakota writes its whole support table into the statute books at SDCL 25-7-6.2 and reads it with both parents' monthly net incomes. The noncustodial parent pays a proportionate share, and two separate tools can lower it: an abatement for frequent overnights and a cross credit when each home has the child at least 180 nights.

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At a glance

ModelIncome shares on the parents' combined monthly net income (SDCL 25-7-6.2)
ScheduleIn the statute itself, in $50 rows from $0 to $30,000 combined net a month, for one to six children; above $30,000 support is set by the child's actual needs and standard of living
Self-support reserve$871 a month, built into the bold cells; the lower of two calculations applies
Parenting timeAbatement of 38% to 66% for 6+ nights a month; cross credit (1.5x) at 180+ nights a year in each home
Support endsAge 18, or 19 if a full-time high school student
ModificationSubstantial change within 3 years of the order; no change needed after 3 years
Interest on arrears1% per month (Category D rate)
AgencyDivision of Child Support, South Dakota Department of Social Services

From gross pay to net income, the South Dakota way

Gross income under SDCL 25-7-6.3 covers wages, salary, commissions and bonuses, self-employment and farm profit or loss, pensions and Social Security, disability and veteran's payments, interest, dividends, rents and royalties, capital gains, unemployment and workers' compensation, and military pay allowances. Overtime, commissions and bonuses can be left out when they are not regular and recurring, and seasonal earnings are averaged over the year. A second job is presumed not to count once the main job pays at least 1,820 hours at the state minimum wage.

Net income is gross minus a short, fixed list of deductions (25-7-6.7): income tax figured at the single-taxpayer rate on a monthly payroll period rather than what the parent actually owes, Social Security and Medicare, retirement plan contributions up to 10% of gross, unreimbursed business expenses an employee pays for the employer, and payments on other support orders. The Division of Child Support prints a 2026 federal withholding table for single filers right on its worksheets so everyone uses the same tax figure.

Both nets are added, the combined figure is found in the table, and the result is split by each parent's percentage of the combined net. The noncustodial parent's percentage becomes the order; the custodial parent's share is presumed to be spent directly on the child. A parent with no proof of income is presumed able to earn 1,820 hours at the current state minimum wage, and the court can impute more based on work history, local jobs and wage data.

Worked example: South Dakota

  1. Two fictional parents in Sioux Falls: the noncustodial parent (A) nets $4,500 a month after the 25-7-6.7 deductions and the custodial parent (B) nets $2,500. Together that is $7,000.
  2. The SDCL 25-7-6.2 row for $6,951 to $7,000 lists $1,722 for two children. That cell is outside the bold low-income area, so the reserve comparison does not come into play.
  3. Parent A earns 64.3% of the combined net, so A's proportionate share is $1,107 and B's share, presumed spent in B's home, is $615.
  4. With an ordinary schedule, the guideline order is $1,107 a month, roughly $13,284 a year. Health insurance credits and child care are then worked in on the same worksheet.

This is an estimate, not legal advice. Figures are rounded to the dollar and leave out the insurance, childcare, and other adjustments your case may have. Try your own numbers in CoreParent's calculator, then confirm with the state's official calculator.

Overnights in South Dakota: abatement or cross credit

South Dakota gives judges two separate tools, both discretionary. The first is abatement under SDCL 25-7-6.14. When a custody order has the child sleeping at the noncustodial parent's home six or more nights in a month, the court may reduce support by 38% to 66% of the basic obligation for those nights. The math annualizes the basic support (without insurance or child care), divides it by 365 for a daily figure, multiplies by the monthly overnights and then by the abatement percentage. The noncustodial parent has to show the extra, non-duplicated costs of the time, such as routine clothing, activities and school supplies, and must repay the abated amount for any year the time is not actually used.

The second is the shared parenting cross credit under 25-7-6.27. It needs a detailed parenting plan that gives each home at least 180 nights a calendar year and has the parents sharing the child's expenses by income. The table amount is multiplied by 1.5, each parent takes an income share of that larger figure, each share is multiplied by the other parent's percentage of nights, and the larger result pays the difference. In our example, with Parent A at 180 nights and Parent B at 185, A would pay about $387 instead of $1,107. At an exact 50/50 split A would pay about $369. The court must weigh whether the credit would substantially hurt the child's standard of living, and no abatement can be larger than this cross credit.

Health insurance, the first $250, and child care

Every order has to say how the child's health care will be covered. Insurance must be included when it is available to a parent and reasonable in cost, meaning the child's portion is no more than 8% of that parent's net income after the proportionate credit. Under family coverage, the child's portion is the premium divided by the number of people enrolled. The premium is split by income, with a credit or reimbursement for the parent who pays it. The parent with primary physical custody covers the first $250 of uninsured medical, dental, vision, orthodontic and counseling costs each calendar year; costs above that are split in proportion to each parent's support obligation, and the state's small claims court can be used to collect them.

Reasonable child care needed for a parent's work, job search, or job training can be allocated between the parents. If the custodial parent can claim the federal child care credit, the worksheet counts that credit at 25% of the eligible expense.

Low incomes: the $871 reserve and the 50% hardship presumption

The bold cells at the bottom of the schedule build in a self-support reserve of $871 a month for a parent with a limited ability to pay. When the noncustodial parent's net income alone lands in a bold cell, the worksheet compares that amount with the parent's proportionate share using both incomes and orders the lower of the two. The lowest row, $0 to $950, lists $79 regardless of the number of children.

Separately, if total support including insurance and child care would exceed half of the obligor's monthly net income, SDCL 25-7-6.10 presumes a financial hardship, which supports a deviation unless the other parent rebuts it. Other deviation grounds include a new spouse's income (only where the schedule causes hardship), a child's special education or health needs, and later-born or adopted children or stepchildren, although those alone cannot reopen an existing order.

When each parent has a child, and when custody shifts informally

If the parents have two or more children and each has primary physical custody of at least one, each parent's obligation for the children in the other home is computed and the two are offset. If parents switch physical custody without going to court, the parent who gave up custody can still be ordered to pay the parent who now has the child; after 120 consecutive days without a formal objection, an agreement to the change is presumed.

When support ends and how to change it

The duty of support runs until the child turns 18, or until 19 if the child is a full-time student in a secondary school (SDCL 25-5-18.1). The Division of Child Support describes it as ending at 18, or at 19 or graduation, whichever comes first, for a full-time high school student.

Under SDCL 25-7A-22, a petition filed within three years of the order needs a substantial change in circumstances; after three years the order can be reviewed without showing any change. A 2026 amendment to 25-7-6.13 also lets any order entered before July 1, 2026 be modified under the current chapter without proving a change. Payments that already fell due cannot be reduced, except those accruing after notice of a pending petition, and when an adjustment is more than 25% the court may phase it in. The Division accepts petitions on its own form with a $50 filing fee.

Collection, liens and interest

The Division of Child Support in the Department of Social Services in Pierre runs the state's program, from referee hearings on new and modified orders to collection through its payment center. Every unpaid installment becomes a lien by operation of law, and the Division or the parent owed support may collect interest on the unpaid balance at the Category D rate, which is 1% per month.

Documents you will need

South Dakota child support FAQ

Is there a South Dakota child support calculator?

Yes. The Department of Social Services offers an obligation calculator built on the SDCL 25-7-6.2 schedule, plus a standard worksheet and a shared parenting worksheet that include a 2026 federal withholding table for single filers.

How much is child support for 2 kids in South Dakota?

It depends on both parents' combined net income. At $7,000 combined, the schedule lists $1,722 for two children, so a noncustodial parent earning 64.3% of the total would pay about $1,107 a month before insurance and child care.

Does 50/50 custody end child support in South Dakota?

Not automatically. With at least 180 nights in each home and a detailed shared parenting plan, a court may apply the 1.5x cross credit, which usually leaves the higher earner paying something. In our example equal time still leaves about $369 a month.

What is the minimum child support in South Dakota?

The schedule's lowest row, for combined net income up to $950 a month, lists $79 for any number of children. Income is also presumed at 1,820 hours a year at the state minimum wage unless the evidence shows otherwise.

How often can a South Dakota support order be changed?

Within three years of the order you must show a substantial change in circumstances, such as a change in income or the end of day care costs. After three years either parent can petition without showing a change.

Next steps

Sources

Verified against these official sources in October 2026:

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This is general educational information, not legal advice, and official figures change. Last verified: October 2026. Consult a licensed family-law attorney in South Dakota.