Get Answers to Your Highest Priority South Dakota Legal Questions
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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How is a parent's "monthly net income" determined to calculate a South Dakota child support obligation?
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.
I live in Brookings and am in the process of changing my current South Dakota estate plan. Because of the size of my estate, I am concerned about federal estate and gift tax. Does "portability" apply to my children?
Portability allows couples to take full advantage of each other's unused federal estate and gift tax exclusion amounts.
However, portability applies only to a surviving spouse. Unused federal estate tax exclusions cannot be transferred to anyone but a surviving spouse.
I want to make a gift to my grandson in Sioux Falls. What are some of the 2013 changes to the estate and gift tax laws?
Now that the uncertainty over estate and gift taxes has finally been clarified, here is a quick update:
Lifetime gift and estate tax exclusions have risen slightly, to $5,250,000 in 2013, while the estate and gift tax rate has increased, from 35% to 40%. What’s more, the applicable exclusion amounts will continue to be indexed for inflation annually, and the popular portability provision that allows couples to take full advantage of each other’s unused federal estate and gift tax exclusion amounts, remains effective.
Can my ex-spouse and I propose a child visitation agreement that doesn't follow the South Dakota Parenting Guidelines?
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.
My ex-spouse has been found to be in contempt for violating our Minnehaha County child custody and visitation order. What could the court do as a result of this contempt?
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.
Has Mitchell banned texting-while-driving?
Yes. Mitchell has a implemented a local texting-while-driving ban. A proposed statewide ban failed in the South Dakota Legislature earlier in 2013.
My ex-spouse in Sioux Falls has claimed that I am in contempt of our child custody and visitation order. Do I have any rights?
Yes. Under South Dakota law, an alleged contemnor has the right to remain silent and the right to counsel.
My ex-spouse in Brookings does not abide by our child custody agreement. Is there anything I can do?
Yes. Under South Dakota law, any court order relating to child custody or visitation can be enforced by contempt.
Has Sioux Falls banned texting-while-driving?
Yes. Sioux Falls has a implemented a local texting-while-driving ban. A proposed statewide ban failed in the South Dakota Legislature earlier in 2013.
Which cities in South Dakota have banned texting-while-driving?
In South Dakota, as of April 2013, Mitchell, Sioux Falls, Brookings, Watertown, Vermillion and Huron have implemented local texting-while-driving bans. A proposed statewide ban failed in the South Dakota Legislature earlier in 2013.