The Swier Law Firm Family Law FAQs

Under South Dakota law, except in cases of physical or mental disability, it is presumed for the purpose of determining child support, that a parent is capable of being employed at the minimum wage, and the parent's child support obligation shall be computed at a rate not less than full-time employment at the state minimum wage. 

In South Dakota, the "monthly net income" of each parent is determined by the parent's gross income minus any allowable deductionsapter. 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)      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 is annualized to determine a monthly average income.

No.  Under South Dakota law, the standard guidelines are subject to any provision established by a South Dakota state court, including a temporary or permanent domestic protection order.

Yes. In South Dakota, any agreement by the parties for visitation other than the standard guidelines shall be in writing, signed by both parties and filed with the court. The agreed plan shall be approved by court order and replace the standard guidelines or any plan previously filed.

Under South Dakota law, if a court finds that any party has willfully violated or willfully failed to comply with any provisions of a custody or visitation decree, the court shall impose appropriate sanctions to punish the offender or to compel the offender to comply with the terms of the custody or visitation decree.    

Sanctions which the court may, in its discretion, order include:

(1)      To require the offender to provide the other party with make up time with the child equal to the time missed with the child, due to the offender's noncompliance;

(2)      To require the offender to pay, to the other party, court costs and reasonable attorney's fees incurred as a result of the noncompliance;

 

(3)      To require the offender to pay a civil penalty of not more than the sum of one thousand dollars;

 

(4)      To require the offender to participate satisfactorily in counseling or parent education classes;

 

(5)      To require the offender to post bond or other security with the court conditional upon future compliance with the terms of the custody or visitation decree or any ancillary court order; or

 

(6)      To impose a jail sentence on the offender of not more than three days.

Yes.  Under South Dakota law, an alleged contemnor has the right to remain silent and the right to counsel.

Yes.  Under South Dakota law, any court order relating to child custody or visitation can be enforced by contempt.

Yes.  In South Dakota, the circuit court may grant grandparents reasonable rights of visitation with their grandchild, with or without petition by the grandparents, if the visitation is in the best interests of the grandchild and:

• If the visitation will not significantly interfere with the parent-child relationship; or
• If the parent or custodian of the grandchild has denied or prevented the grandparent reasonable opportunity to visit the grandchild.

Yes.  Under South Dakota law, whenever a decree of divorce is granted, the trial court may, in its discretion or upon the application of either party by the terms of the decree, restore to the woman her maiden name or the name she legally bore prior to her marriage to the husband in the divorce suit. 

Yes.  Under South Dakota law, a court may appoint legal counsel for any child involved in any divorce or custody proceeding, in which the child is alleged to be neglected or abused, or if a parent, guardian, or custodian request counsel be appointed in such proceeding and if the court determines that it is in the best interest of the child to have counsel appointed for the child. The counsel shall be charged with representation of the child's best interests and may not be counsel for any other party involved.  The court may designate other persons who may or may not be attorneys to assist in the performance of the counsel's duties.  The court shall allocate the cost of the appointed counsel between the parents, guardian, or custodian of the child.