reglab/housing_qa huggingface dataset:
SD Codified L § 25-7-6.5 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07 - Support Obligations|Section 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.
SD Codified L § 25-7-6.6 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07 - Support Obligations|Section 25-7-6.6 - Profits or losses shown on federal income tax schedules as gross income--Court allowance of deduction.

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.
SD Codified L § 25-7-6.7 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07 - Support Obligations|Section 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.
SD Codified L § 25-7-6.9 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07 - Support Obligations|Section 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.
SD Codified L § 25-7-6.10 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07 - Support Obligations|Section 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.
SD Codified L § 25-7-6.11 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07 - Support Obligations|Section 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.
SD Codified L § 25-7-6.12 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07 - Support Obligations|Section 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.
SD Codified L § 25-7-6.13 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07 - Support Obligations|Section 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, 2017, 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; SL 2017, ch 111, §3.
SD Codified L § 25-7-6.14 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07 - Support Obligations|Section 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.
SD Codified L § 25-7-6.15 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07 - Support Obligations|Section 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.
SD Codified L § 25-7-6.16 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07 - Support Obligations|Section 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. 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. Enrollment in public health coverage does not satisfy the medical support obligation if medical insurance is available to one or both of the parents at a reasonable cost and is accessible for the child. 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, after proportionate medical support credit is applied, 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; SL 2013, ch 119, §1; SL 2018, ch 162, §2.
SD Codified L § 25-7-6.17 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07 - Support Obligations|Section 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.
SD Codified L § 25-7-6.18 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07 - Support Obligations|Section 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.
SD Codified L § 25-7-6.19 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07 - Support Obligations|Section 25-7-6.19 - Credit for child support arrearages for parent with primary physical custody during period of custody.

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.
SD Codified L § 25-7-6.20 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07 - Support Obligations|Section 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.
SD Codified L § 25-7-6.21 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07 - Support Obligations|Section 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.
SD Codified L § 25-7-6.22 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07 - Support Obligations|Section 25-7-6.22 - Rebuttable presumption that second job income not to be considered in establishing support obligation.

25-7-6.22. Rebuttable presumption that second job income not to be considered in establishing support obligation.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 support obligation. Source: SL 2005, ch 134, §5; SL 2009, ch 130, §8; SL 2017, ch 111, §4.
SD Codified L § 25-7-6.23 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07 - Support Obligations|Section 25-7-6.23 - Offset of support obligation when each parent has primary physical custody of at least one child--Computation--Assistance from department.

25-7-6.23. 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.
SD Codified L § 25-7-6.24 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07 - Support Obligations|Section 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.There is a rebuttable presumption that a parent has agreed to a change in physical custody if the change has occurred for a period of one hundred twenty consecutive days or more and the parent has not formally objected to the court, even in the absence of a formal written agreement. Source: SL 2005, ch 134, §11; SL 2018, ch 161, §1.
SD Codified L § 25-7-6.25 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07 - Support Obligations|Section 25-7-6.25 - Form to request reimbursement of medical or health care costs from parent--Small claims procedure.

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.
SD Codified L § 25-7-6.26 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07 - Support Obligations|Section 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 unless good cause is shown to set support at a lower amount. Source: SL 2009, ch 130, §9; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SL 2013, ch 119, §2.
SD Codified L § 25-7-6.27 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07 - Support Obligations|Section 25-7-6.27 - Shared parenting child support cross credit.

25-7-6.27. Shared parenting child support cross credit.If a custody order by the court, contains a detailed shared parenting plan which provides that the child will reside no less than one hundred eighty nights per calendar year in each parent's home, and that the parents will share the duties and responsibilities of parenting the child and the expenses of the child in proportion to their incomes, 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; SL 2015, ch 147, §1.
SD Codified L § 25-7-6.28 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07 - Support Obligations|Section 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.
SD Codified L § 25-7-7.1 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07 - Support Obligations|Section 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.
SD Codified L § 25-7-7.2 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07 - Support Obligations|Section 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.