Get Answers to Your Highest Priority South Dakota Legal Questions

Under South Dakota law, any past due support payments are not subject to modification by a court or administrative entity of this state, except those accruing in any period in which there is pending a petition for modification of the support obligation, but only from the date that notice of hearing of the petition has been given to the obligee, the obligor, and any other parties having an interest in such matter.

It depends.  Under South Dakota law, if an existing custody order or other enforceable agreement does not expressly govern the relocation of the principal residence of a child, a parent who intends to change his or her principal residence must provide reasonable written notice by certified mail or admission of service to the other legal parent of the child. Reasonable notice is notice that is given at least forty-five days before relocation or a shorter period if reasonable under the specific facts giving rise to the relocation. Proof of the notice shall be filed with the court of record unless notice is waived by the court.

However, no notice needs to be provided if:

             (1)      The relocation results in the child moving closer to the noncustodial parent; or

             (2)      The relocation is within the boundaries of the child's current school district; or

             (3)      There is an existing valid protection order in favor of the child or the custodial parent against the noncustodial parent; or

             (4)      Within the preceding twelve months, the nonrelocating parent has been convicted of violation of a protection order, criminal assault, child abuse, or other domestic violence and either the child or the custodial parent was the victim of the crime or violation.

In South Dakota, 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 also be used to determine financial ability.

In South Dakota, deductions from monthly gross income shall be allowed as follows:

 (1)      Income taxes payable based on the applicable tax rate for a single taxpayer with one withholding allowance 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; and

                 (5)      Payments made on other support and maintenance orders.

 

In South Dakota, deviation from the standard child support guidelines shall 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 which 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 which causes the parent to be unemployed or underemployed, unless the reduction of income is due to incarceration.

Yes.  Under South Dakota law, all child support orders entered and in effect prior to July 1, 2009, can be modified without requiring a showing of a change in circumstances from the entry of the order.

Maybe.  Under South Dakota law, if travel costs are substantial due to the distance between the parents, the court may order the allocation of these costs, taking into consideration the circumstances of the parties as well as which parent moved and the reason that the move was made.

Under South Dakota law, in cases resulting in a child support adjustment of more than twenty-five percent, the court may phase in the adjustment over time.

Maybe.  In South Dakota, a court may enter an order allocating the reasonable child care expenses for a minor 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 the 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.

The generation-skipping transfer tax is an extra tax charged on transfers made to the donor’s grandchildren or later descendants that exceed the lifetime exemption.

This tax is also unified with the estate tax and gift tax schedules, with a maximum rate of 40% along with a lifetime exemption of $5.25 million in 2013.