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.

Brooke Swier Schloss
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Estate Planning & Family Law Attorney