reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-13 - Examination of witnesses and investigations by court--Order of adoption--Contents.

25-6-13. Examination of witnesses and investigations by court--Order of adoption--Contents.
The circuit judge must examine all persons appearing separately and if satisfied from such examination and the report of the investigation that the child is suitable for adoption and the petitioning foster parent or parents financially able and morally fit to have the care and training of such child, that all requirements of the law have been met and that interests of the child will be promoted by the adoption, he must make an order declaring that the child thenceforth shall be the adopted child of the person adopting and shall be regarded and treated in all respects as the child of such person; and which order, among other things, shall contain the following:
(1)The full adoptive name, date of birth, sex, color or race, and place of birth, of the adopted child; and
(2)The full name, date of birth, citizenship, residence, color or race, birthplace, and occupation of both adoptive persons.
Source:
SDC 1939, §14.0406; SL 1945, ch 47, §1; SL 1947, ch 54.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-15 - Access to court adoption records restricted--Notice of hearing to department or adoption agency--Disclosure not contested nor supported.

25-6-15. Access to court adoption records restricted--Notice of hearing to department or adoption agency--Disclosure not contested nor supported.
The files and records of the court in an adoption proceeding are not open to inspection or copy except:
(1)By the parents by adoption and their attorneys, representatives of the Department of Social Services, and the child upon reaching age eighteen, upon written request and proper proof of identification; or
(2)Upon order of the court expressly permitting inspection or copy.
The court may not order disclosure of any matter appearing in adoption records unless the Department of Social Services or the licensed adoption agency has received notice of the petition for disclosure of such information and of the date fixed for hearing the petition. The Department of Social Services or the licensed adoption agency shall neither contest nor support the petition for disclosure during its hearing.
Source: SL 1939, ch 168, §11; SDC Supp 1960, §55.3716; SL 1985, ch 208, §4; SL 1986, ch 214, §1; SL 1986, ch 215; SL 2023, ch 83, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-15.1 - Confidentiality of records.

25-6-15.1. Confidentiality of records.
All papers, records, and information pertaining to an adoption whether part of the permanent file in the Department of Social Services or in a child placement agency are confidential and may be disclosed only in accordance with §§25-6-15 to 25-6-15.3, inclusive.
Source:
SL 1985, ch 208, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-15.2 - Nonidentifying information--Release to adoptive parent or adoptee.

25-6-15.2. Nonidentifying information--Release to adoptive parent or adoptee.
Nonidentifying information, if known, shall be made available to the adoptive parent, or to the adoptee upon reaching the age of eighteen, upon written request and proper proof of identification. This information or any part thereof may be withheld only if it is of such a nature that it would tend to identify a biological relative of the adoptee.
For the purposes of §§25-6-15 to 25-6-15.3, inclusive, nonidentifying information is:
(1)The age of the natural parents at the time of the birth of the adoptee. However, this does not include the dates of birth of the parents;
(2)The heritage of the natural parents, which includes nationality, ethnic background, and race;
(3)The education, which shall be number of years of school completed by the natural parents at the time of the birth of the adoptee;
(4)The general physical appearance of the natural parents at the time of the birth of the adoptee in terms of height, weight, color of hair, eyes, skin, and other information of a similar nature;
(5)The talents, hobbies, and special interests of the natural parents;
(6)The existence of any other children born to either natural parent before the birth of the adoptee;
(7)Whether it was a voluntary or involuntary termination of parental rights;
(8)The religion of the natural parents;
(9)The occupation of natural parents in general terms;
(10)The health history of natural parents and blood relatives; and
(11)The relationship between the natural parents.
Source:
SL 1985, ch 208, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-15.3 - Registry of consents to release of identifying information.

25-6-15.3. Registry of consents to release of identifying information.
The Department of Social Services shall maintain a voluntary registry of those adoptees and natural parents who have presented a consent regarding the release of identifying information about themselves. Any consent shall indicate to whom the information may be released and whether the adoptee desires release of this identifying information after his death. A person who uses this voluntary register may revoke his consent at any time.
Source:
SL 1985, ch 208, §3.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-16 - Change of name by adopted child--Relationship with adoptive parent.

25-6-16. Change of name by adopted child--Relationship with adoptive parent.
A child, when adopted, may take the family name of the person adopting. After adoption the two shall sustain towards each other the legal relation of parent and child and have all the rights and be subject to all the duties of that relation.
Source:
SDC 1939, §14.0407; SL 1943, ch 50; SL 1945, ch 47, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-17 - Rights and duties of natural parents terminated on adoption--Exceptions.

25-6-17. Rights and duties of natural parents terminated on adoption--Exceptions.
The natural parents of an adopted child are from the time of the adoption, relieved of all parental duties towards, and of all responsibility for the child so adopted, and have no right over it. Adoption of a child shall be final and unconditional except as otherwise provided by §25-6-21. The natural parents of an adopted child shall retain no rights or privileges to have visitation or other post-adoption contact with the child, except in cases where a natural parent consents to the adoption of a child by the child's stepfather or stepmother who is the present spouse of the natural parent or in cases of voluntary termination where there is a written pre-adoption agreement between the natural parent or parents and the adoptive parents. Any existing child support arrearages shall be addressed by the court in the order terminating parental rights. The South Dakota Supreme Court decision, People in Interest of S.A.H., 537 N.W.2d 1 (S.D. 1995), is abrogated by the South Dakota Legislature in so far as the case gave circuit courts the option to order an open adoption or post-termination visitation. Post-adoption visitation is an extraordinary remedy and may be exercised only by the adoptive parents when in the child's best interests. This section does not apply to pre-adoption agreements entered into before July 1, 1997.
Source:
SDC 1939, §14.0407; SL 1943, ch 50; SL 1945, ch 47, §2; SL 1997, ch 153, §1; SL 2013, ch 119, §20.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-18 - Petition for adoption of adult--Consent--Residence requirement.

25-6-18. Petition for adoption of adult--Consent--Residence requirement.
An adult may adopt another adult by filing a petition requesting the adoption with the judge of the circuit court, together with an agreement in writing that the person being adopted shall be treated in all respects as a natural child of the petitioner. Written consent of the adopted person shall also be required. It shall be a further prerequisite that the person being adopted shall have lived in the home of the adoptive parent for a period of at least six months while the person being adopted was under twenty-one years of age, and this fact shall appear in the petition. If the person being adopted is the biological child of the adoptive parent, the prerequisite of living in the home of the adoptive parent during the person's minority is waived.
Source:
SDC 1939, §14.0406 as added by SL 1961, ch 216; SL 2015, ch 146, §1; SL 2019, ch 122, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-19 - Order for adoption of adult.

25-6-19. Order for adoption of adult.
Upon showing of good cause to the judge and if the documents required by §25-6-18 are in proper form and show the proper facts, upon the filing of same the judge of the circuit court shall enter an order allowing the petition for adoption of an adult and declaring the adoption completed.
Source:
SDC 1939, §14.0406 as added by SL 1961, ch 216; SL 2019, ch 122, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-20 - Jurisdictional provisions applicable to adoption of adults--Effect of adoption--New birth certificate optional.

25-6-20. Jurisdictional provisions applicable to adoption of adults--Effect of adoption--New birth certificate optional.
The provisions of §§25-6-6 to 25-6-8, inclusive, and of §§25-6-16 and 25-6-17 shall be applicable to adult adoption, but a new birth certificate shall be issued only if requested in the petition.
Source:
SDC 1939, §14.0406 as added by SL 1961, ch 216.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-21 - Cure of past irregularities in proceedings--Limitation of actions.

25-6-21. Cure of past irregularities in proceedings--Limitation of actions.
Except in any case involving fraud or any case controlled by the Indian Child Welfare Act, (25 U.S.C. §§1901 to 1963, inclusive), any proceeding for the adoption of a child commenced under chapter 25-6 shall be in all things legalized, cured, and validated one year after the proceeding is finalized. If any person has a claim or right arising from any adoption proceeding, that person shall initiate any action to enforce such right or claim within one year of the date when the proceeding is finalized unless a two year statute of limitations is imposed by the Indian Child Welfare Act, (25 U.S.C. §§1901 to 1963, inclusive), as amended to January 1, 2019.
Source:
SL 1994, ch 200; SL 1996, ch 166; SL 2012, ch 143, §1; SL 2019, ch 127, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-22 - Medical information on adoptee's birthparent available to adoptee or adoptee's legal guardian--Written request--Proof.

25-6-22. Medical information on adoptee's birthparent available to adoptee or adoptee's legal guardian--Written request--Proof.
An adoptee or the adoptee's legal guardian having knowledge of a hospital or clinic with medical information of an adoptee's birth parent may provide a written request to the hospital or clinic for that information. The adoptee shall send a copy of the written request to the Department of Social Services in Pierre. The adoptee or the adoptee's legal guardian shall provide to the hospital or clinic proof that the person whose medical information is being sought is a birth parent of the adoptee seeking the information. When a hospital or clinic receives a written request and the proof as required by this section, it shall release the medical information to the Department of Social Services. Upon receipt of the medical information from the hospital or clinic, the department shall forward the information to the adoptee or the adoptee's legal guardian. A hospital's or clinic's compliance with this section may not be construed as a violation of subdivision 19-19-503(b) or §34-12-15.
Source:
SL 1994, ch 196, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-23 - Medical and social history form filed in adoption of abused or neglected child--Availability to adoptive parents and adoptee--Failure to comply.

25-6-23. Medical and social history form filed in adoption of abused or neglected child--Availability to adoptive parents and adoptee--Failure to comply.
When a child is adjudicated to be abused or neglected and a court enters a decree terminating parental rights, the parent shall complete a medical and social history form which shall be supplied by the Department of Social Services. When completed such form shall be filed with the court of the state where the adoption proceedings shall take place. A copy of the medical history portion of the completed form shall be made available to the adoptive parent prior to finalization of the adoption and to the adoptee upon reaching the age of eighteen years upon written request and proper proof of identification. No involuntary termination of parental rights heretofore or hereafter entered by any circuit court is void or inoperative due to failure to comply with this section.
Source:
SL 1994, ch 196, §3.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-24 - Due regard to be afforded Indian Child Welfare Act.

25-6-24.Due regard to be afforded Indian Child Welfare Act.
Due regard shall be afforded to the Indian Child Welfare Act (25 U.S. C. §§1901-1963), if that Act is applicable.
Source:
SL 2004, ch 2, §9, eff. Mar. 3, 2004; SL 2019, ch 127, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06 - Adoption Of Children › Section 25-6-25 - Effect of adoption orders of another jurisdiction or nation.

25-6-25. Effect of adoption orders of another jurisdiction or nation.
Any order of adoption entered in compliance with the laws of another jurisdiction or nation shall have the same effect as an order for adoption entered in this state.
Source:
SL 2007, ch 157, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06A - Interstate Compact On Adoption And Medical Assistance › Section 25-6A-2 - Administration of compact.

25-6A-2. Administration of compact.
The Governor may appoint a compact administrator. The administration of the compact shall be in the Department of Social Services.
Source:
SL 1986, ch 216, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06A - Interstate Compact On Adoption And Medical Assistance › Section 25-6A-3 - Participation by Department of Social Services.

25-6A-3. Participation by Department of Social Services.
The Department of Social Services may develop, participate in the development of, negotiate, and enter into one or more interstate compacts on behalf of this state with other states to implement the purposes set forth in this chapter.
Source:
SL 1990, ch 187, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06A - Interstate Compact On Adoption And Medical Assistance › Section 25-6A-4 - "State" defined.

25-6A-4."State" defined.
For the purposes of this chapter, the term "state," means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of or administered by the United States.
Source:
SL 1990, ch 187, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06A - Interstate Compact On Adoption And Medical Assistance › Section 25-6A-5 - "Adoption assistance state" defined.

25-6A-5."Adoption assistance state" defined.
For the purposes of this chapter, the term, adoption assistance state, means any state that is signatory to an adoption assistance agreement in a particular case.
Source:
SL 1990, ch 187, §3.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06A - Interstate Compact On Adoption And Medical Assistance › Section 25-6A-6 - "Residence state" defined.

25-6A-6."Residence state" defined.
For the purposes of this chapter, the term, residence state, means the state of which the child is a resident by virtue of the residence of the adoptive parents.
Source:
SL 1990, ch 187, §4.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06A - Interstate Compact On Adoption And Medical Assistance › Section 25-6A-7 - Required content of compact.

25-6A-7. Required content of compact.
A compact entered into pursuant to this chapter shall have the following content:
(1)A provision making it available for joinder by all states;
(2)A provision for withdrawal from the compact upon written notice to the parties, but with a period of one year between the date of the notice and the effective date of the withdrawal;
(3)A requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption assistance from a party state other than the one in which they are resident and have their principal place of abode;
(4)A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance and that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents and the state agency providing the adoption assistance; and
(5)Such other provisions as may be appropriate to implement the proper administration of the compact.
Source:
SL 1990, ch 187, §5.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06A - Interstate Compact On Adoption And Medical Assistance › Section 25-6A-8 - Allowable provisions.

25-6A-8. Allowable provisions.
Any compact entered into pursuant to this chapter may contain the following:
(1)Provisions establishing procedures and entitlements to medical, developmental, child care, or other social services for the child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the one responsible for or providing the services or the funds to defray part or all of the costs thereof; and
(2)Such other provisions as may be appropriate or incidental to the proper administration of the compact.
Source:
SL 1990, ch 187, §6.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06A - Interstate Compact On Adoption And Medical Assistance › Section 25-6A-9 - Medical assistance identification for special needs child.

25-6A-9. Medical assistance identification for special needs child.
Any resident child with special needs who is the subject of an adoption assistance agreement with another state is entitled to receive a medical assistance identification from this state upon the filing in the Department of Social Services of a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance with regulations of the Department of Social Services, promulgated pursuant to chapter 1-26, the adoptive parents shall at least annually show that the agreement is still in force or has been renewed.
Source:
SL 1990, ch 187, §7.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06A - Interstate Compact On Adoption And Medical Assistance › Section 25-6A-10 - Process and payment of medical assistance claims.

25-6A-10. Process and payment of medical assistance claims.
The Department of Social Services shall consider the holder of a medical assistance identification pursuant to §25-6A-9, as any other holder of a medical assistance identification under the laws of this state. The department shall process and make payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.
Source:
SL 1990, ch 187, §8.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06A - Interstate Compact On Adoption And Medical Assistance › Section 25-6A-11 - Coverage and benefits for out-of-state child--Reimbursement to adoptive parents--Rules of procedure.

25-6A-11. Coverage and benefits for out-of-state child--Reimbursement to adoptive parents--Rules of procedure.
The Department of Social Services shall provide coverage and benefits for a child who is in another state and who is covered by an adoption assistance agreement made by the department for the coverage or benefits, if any, not provided by the residence state. To this end, the adoptive parents acting for the child may submit evidence of payment for services or benefit amounts not payable in the residence state. The department shall reimburse the adoptive parents for such services or benefit amounts. However, there may be no reimbursement for services or benefit amounts covered under any insurance or other third-party medical contract or arrangement held by the child or the adoptive parents. The department shall promulgate rules pursuant to chapter 1-26 to require the necessary information and establish procedures necessary to implement this section. The rules shall include procedures to be followed in obtaining prior approvals for services in those instances when required for the assistance. The additional coverages and benefit amounts provided pursuant to this section shall be for services to the cost of which there is no federal contribution, or which, if federally aided, are not provided by the residence state.
Source:
SL 1990, ch 187, §9.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06A - Interstate Compact On Adoption And Medical Assistance › Section 25-6A-12 - Fraudulent claims.

25-6A-12. Fraudulent claims.
The submission of any claim for payment or reimbursement for services or benefits pursuant to §§25-6A-10 and 25-6A-11, or the making of any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading or fraudulent shall be a crime as defined by chapters 22-29 and 22-45.
Source:
SL 1990, ch 187, §10.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06A - Interstate Compact On Adoption And Medical Assistance › Section 25-6A-13 - Application of §§ 25-6A-9 to 25-6A-12, inclusive.

25-6A-13. Application of §§25-6A-9 to 25-6A-12, inclusive.
The provisions of §§25-6A-9 to 25-6A-12, inclusive, apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this state. All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this state are eligible to receive it in accordance with the laws and procedures applicable thereto.
Source:
SL 1990, ch 187, §11.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 06A - Interstate Compact On Adoption And Medical Assistance › Section 25-6A-14 - Application of federal law.

25-6A-14. Application of federal law.
Consistent with federal law, the Department of Social Services, in connection with the administration of this chapter or any compact entered into pursuant to §25-6A-3, shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272), Titles IV(e) and XIX of the Social Security Act and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost. The department shall apply for and administer all relevant federal aid in accordance with law.
Source:
SL 1990, ch 187, §12.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-6.1 - Obligation of parents to support child--Liability of absent parent--"Continued absence from the home".

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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 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)Reemployment assistance or 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; SL 2019, ch 216, §29.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-6.4 - Rebuttable presumption of employment at minimum wage.

25-7-6.4. Rebuttable presumption of employment at minimum wage.
Except as provided in §25-7-6.26, it is presumed for the purposes of determination of child support that a parent is capable of being employed a minimum of one thousand eight hundred twenty hours per year, and the parent's child support obligation must be calculated at a rate not less than one thousand eight hundred twenty hours at the state minimum wage.
Source: SL 1989, ch 220, §4; SL 2009, ch 130, §3; SL 2017, ch 111, §2; SL 2022, ch 81, §1.
2023 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.
2023 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.
2023 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 must be allowed as follows:
(1)Income taxes payable based on the applicable tax rate for a single taxpayer 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; SL 2022, ch 81, §2.
2023 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.
2023 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 must be considered if raised by either party and made only upon the entry of specific findings based upon any of the following factors:
(1)The income of a subsequent spouse or contribution of a third party to the income or expenses of that parent but only if the application of the schedule works a financial hardship on either parent;
(2)Any financial condition of either parent that 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 that causes the parent to be unemployed or underemployed, consistent with the provisions of §25-7-6.26.
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; SL 2022, ch 81, §3.
2023 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.
2023 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, 2022, 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; SL 2022, ch 81, §4.
2023 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 six or more nights in a month pursuant to a custody order, the court may, if deemed appropriate under the circumstances, grant an abatement of not less than thirty-eight percent nor more than sixty-six percent of the basic child support obligation for the nights the child resides with the obligor. It shall be presumed that the parenting time is exercised.
In deciding whether an abatement is appropriate, the court or child support referee shall consider the fixed obligations of the custodial parent that are attributable to the child and to the increased non-duplicated costs of the noncustodial parent that are associated with the child’s time with the noncustodial parent. The burden is on the noncustodial parent to demonstrate the increased costs that the noncustodial parent incurs for non-duplicated fixed expenditures, including routine clothing costs, costs for extra-curricular activities, school supplies, and other similar non-duplicated fixed expenditures.
The order granting the abatement must specify the number of nights that the abatement is allowed and the amount of the abatement. To calculate an abatement, the court or child support referee shall:
(1)Determine the basic child support calculation, excluding additional costs including health insurance or child care, and annualize the same;
(2)Divide the annual amount in subdivision (1) by three hundred sixty-five days to calculate the daily child support amount;
(3)Multiply the daily child support amount in subdivision (2) by the number of overnights the child spends with the noncustodial parent on a monthly basis; and
(4)Multiply the amount in subdivision (3) by the abatement percentage utilized. The figure must be annualized and subtracted from the monthly child support obligation.
No abatement may exceed the child support cross credit allowed under §25-7-6.27.
If the noncustodial parent does not exercise the extended parenting time during a particular year, the noncustodial parent is required to repay the abated amount of child support to the custodial parent.
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; SL 2022, ch 81, §5.
2023 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.
2023 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 must 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 must 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 cost of private medical insurance for the child, or the cost attributable to the child under family coverage. The cost attributable to the child under family coverage is the cost to the parent to obtain family coverage divided by the number of individuals enrolled in the family coverage. The cost so computed must 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 the support obligation, whichever is appropriate. Any additional, reasonable health care costs, including medical, optometric, dental or orthodontic, or counseling costs for each minor child that exceed two hundred fifty dollars in any year and are not covered by insurance, must 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; SL 2022, ch 81, §6.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.