Get Answers to Your Highest Priority South Dakota Legal Questions

No.  Under South Dakota law, the standard guidelines are subject to any provision established by a South Dakota state court in the following: a temporary or permanent domestic protection order, an order arising out of an abuse or neglect proceeding, a bond condition arising out of a criminal case, and an order in any other proceeding affecting child custody or support.

Yes.  Vermillion has a implemented a local texting-while-driving ban.  A proposed statewide ban failed in the South Dakota Legislature earlier in 2013.

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. 

For clients with an eye on reducing taxes, there are certain gifting vehicles that make it possible to pass assets to the next generation, tax free.  

In 2013, the annual gifting exclusion is $14,000.00.  This means that you can gift $14,000 per individual (or $28,000 for a married couple) to as many individuals as you would like, without impacting your lifetime exemption.

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.  Brookings has a implemented a local texting-while-driving ban.  A proposed statewide ban failed in the South Dakota Legislature earlier in 2013.

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.

"Portability" allows married couples to take full advantage of each other’s unused federal estate and gift tax exclusion amounts.

Let’s look at a hypothetical Sioux Falls couple: John and Jan Jones. 

The Jones had $6 million in total assets, and their individual wills transferred all assets to the surviving spouse.  When John died in 2008, Jan inherited all his assets without incurring any federal estate taxes, because of the federal unlimited marital deduction.  John's federal estate tax exclusion, however, was wasted.  So, when Jan died in 2009 with $6 million in assets, her estate was able to take advantage of her personal federal estate tax exclusion only, not John's.  In 2009, the federal exclusion was $3.5 million.  As a result, $2.5 million of Jan's estate was subject to federal estate tax, at a 45% tax rate.

Now let’s look at how this scenario would change under current law, which permits portability of any unused federal estate tax exclusion to be transferred to a surviving spouse.  If John had died in 2011, the personal representative of his estate could have elected to use the unlimited marital deduction to transfer John's unused $5 million federal estate tax exclusion to Jan.  If Jan dies in 2013 with the $6 million in assets, her estate will have a total of $10,250,000 in federal estate-tax exclusions: the $5 million transferred from John (which was not indexed to inflation after John’s death) and her own $5,250,000 exclusion amount (which was indexed for inflation).  As a result, none of the $6 million estate would be subject to federal estate tax.

 

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.

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.