Get Answers to Your Highest Priority South Dakota Legal Questions

Swier Law Firm FAQ

 

Have questions? We have answers! Our South Dakota attorneys answer the questions they hear most often from clients just like you.

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  • What is the legal BAC level in South Dakota for determining if a person is driving while under the influence of alcohol?

    In South Dakota, if an individual has 0.08 percent or more by weight of alcohol in their blood, as shown by chemical analysis of their breath, blood, or other bodily substance, they are presumed to be driving under the influence.

    DUI Lawyer Swier Law Firm

    Have You Been Charged With DUI (Driving Under The Influence)In South Dakota?

    If you've been accused and arrested for driving under the influence in South Dakota you need to speak with an experienced DUI lawyer as soon as possible. Please contact us online or call our office directly at 888.864.9981 to schedule your free consultation.

  • What is a blood alcohol concentration (BAC) percentage?

    Very simply, a person’s BAC is a measurement of how much alcohol is in their system.

    DUI Lawyer Swier Law Firm

    Have You Been Charged With DUI (Driving Under The Influence)In South Dakota?

    If you've been accused and arrested for driving under the influence in South Dakota you need to speak with an experienced DUI lawyer as soon as possible. Please contact us online or call our office directly at 888.864.9981 to schedule your free consultation.

  • In South Dakota, how is child support figured?

    When parents are separated, divorced, or unmarried, South Dakota law establishes a schedule which courts must use to determine a parent’s child support obligation. In general, the combined monthly net incomes of both parents are used in determining the obligation and divided proportionately between the parents based on their respective net incomes. The noncustodial parent’s proportionate share establishes the amount of the child support obligation.

  • Do grandparents have visitation rights in South Dakota?

    Yes. In South Dakota, the 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.

    For more about grandparent visitation rights in South Dakota, download The South Dakota Child Custody and Divorce Handbook. 

  • In South Dakota, do parents have an obligation to support their minor child?​

    Yes. In South Dakota, the parents of a minor child are jointly and severally obligated for the necessary maintenance, education, and support of the child.

  • How can I protect my children's assets from a future South Dakota divorce?

    When clients set up generational wealth to pass directly to their heirs, and those assets are commingled with spousal assets or used to buy marital property, they may become fair game in later divorce proceedings.

    Solution: Explore Dynasty Trusts

    Families do not have to rely on prenuptial agreements to protect assets. A less emotionally charged way to shelter generational wealth is to plan its transfer using a dynasty trust with a corporate fiduciary. This way, assets intended for multigenerational use are not lost in a divorce.

    Corporate fiduciaries often serve as objective and experienced trustees to help protect trust assets for the benefit of successive generations.

    A collaborative team of seasoned experts can help your clients make enduring action plans. These plans can protect family wealth and make sure its transfer does not rely on the success of any current or future marriage.

  • In South Dakota, how is child support determined?

    When parents are separated, divorced, or unmarried, South Dakota law establishes a schedule which courts must use to determine a parent’s child support obligation. In general, the combined monthly net incomes of both parents are used in determining the obligation and divided proportionately between the parents based on their respective net incomes. The noncustodial parent’s proportionate share establishes the amount of the child support obligation.

  • When should I have a joint trust with my spouse?

    Married couples often consider themselves one unit with their spouse. It doesn’t seem to make sense that separate revocable trusts would be set up as part of an estate plan. But what most people don’t really understand or want to consider is that the real benefit to having a revocable trust happens after death. After the death of the first spouse one spouse still remains. There is no longer a marital unit and any trusts you have must reflect that.

    A portion of the assets that are attributed to the deceased spouse must become irrevocable and a portion must stay revocable. This is where things get confusing, time consuming, and potentially very costly if the assets were not split into separate trusts while both spouses were alive. Ultimately, the surviving spouse will be stuck dealing with the mess and cost.

  • What are the disadvantages of my spouse and I have separate revocable trusts?

    Here are two disadvantages of having separate revocable trusts:

    • With separate revocable trusts, each spouse will have their own trust and would essentially be responsible for the management of their own trust.  But spouses can share this responsibility by making each other co-trustees of their respective trusts.
    • Formation and proper funding of separate revocable trusts require slightly more upfront cost and a bit more work to fund separately.

    Do You Need To Speak With A Lawyer About Estate Planning?

    If you need to speak with an experienced estate planning lawyer please contact us online or call our office directly at 888.864.9981. We will be happy to discuss your legal options!

  • What Does Will Contest Mean In Estate Planning?

    What Does Will Contest Mean In Estate Planning?

    This does not determine who has the best Will, it is a process through which someone files a formal objection to a Will.  The objection could be for any number of reasons, but the objection must be filed with and heard by the probate court of the county where probate of the Will is taking place.