How Child Support Is Calculated in South Dakota

South Dakota uses a statutory schedule based on both parents' combined monthly net income, divided between the parents in proportion to their net incomes; the noncustodial parent's share sets the support order (an income shares approach). The schedule includes a self-support reserve for low-income obligors. The Department of Social Services provides a Child Support Obligation calculator, and parties filing a stipulated divorce with children attach the calculation.

To open a case with the South Dakota Department of Social Services, Division of Child Support (DCS), a parent, alleged father, or person with court-ordered custody or guardianship completes the Request for Child Support Services form (DSS-SE-408) and submits it to the DCS office for their county. There is a $5 fee per case, payable by cash, personal check or money order; the fee is waived for families receiving TANF, SNAP or Medicaid for the children, and covered by Economic Assistance for families receiving Child Care Assistance. DCS handles parentage, support orders and enforcement, but not custody or parenting time.

Parents have a legal duty to support a child until the child turns 18, or until 19 if the child is a full-time student in a secondary (high) school.

Only the circuit court can change a child support obligation. For orders entered or modified after July 1, 1997, an order can be changed on a showing of a substantial change in circumstances if the petition is filed within three years of the order, or without showing any change if filed after three years; under a 2026 law, orders in effect before July 1, 2026 may be modified without showing a change in circumstances. Either parent, or a representative such as a grandparent, files a Petition for Modification (form SE415) with financial statements and income verification through the DCS Modification Unit in Pierre; a referee hears the case and reports to the court. The petitioner pays a $50 filing fee to the Clerk of Courts unless receiving certain assistance or granted a fee waiver. Past-due support generally cannot be changed except for amounts accruing after notice of the petition was given.

The most common collection tool is an Income Withholding Order sent to the paying parent's employer. DCS can also restrict driver's, professional, hunting and fishing licenses when a parent owes $1,000 or more and at least three months of support; submit arrears for IRS tax refund offset (at least $500 past-due) and report them to credit bureaus; restrict passports; and intercept lottery winnings. DCS cannot jail anyone for nonpayment; it can refer the case to circuit court, which can.

South Dakota's child support agency is the Division of Child Support of the South Dakota Department of Social Services. It establishes paternity and child support orders, locates non-paying parents, and collects and pays out child support. Apply with the Application and Agreement for Full Services (SE_408) through the division's "Apply for Services" link. The division's website explains how to make or receive a payment, and parents can see case information online through Customer Connect.

The South Dakota Department of Social Services, Division of Child Support, offers an online Child Support Obligation Calculator. It explains that support obligations are determined by the courts using guidelines in state law, based on the parents' combined monthly net incomes and each parent's proportionate share; the court may also split child care and health care costs. For split custody, each parent's obligation is calculated and compared; for shared parenting, a separate worksheet is used, and the Division of Child Support does not calculate shared parenting obligations.