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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. 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 […]
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 […]
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 […]
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 […]
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 […]
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. 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 […]
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 […]
25-7-6.2. Support obligation schedule. The child support obligation must 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 must be used in determining the obligation to be divided proportionately between the […]
