How Is Child Support Obligation Determined When There Is No Court Order?

The SD Legislature established guidelines which courts must use to determine that an equitable share of parental income and resources are allocated to the child when that child`s parents are separated, divorced or unmarried. The combined monthly net incomes of both parents shall be 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 order. If using only the noncustodial parent`s monthly net income is within the low­income obligation areas of the guidelines, the amount shall be compared to the noncustodial parent`s proportionate share using both parent`s monthly net incomes. The lesser amount establishes the noncustodial parent`s child support order. The court may also apportion the costs for childcare and health and dental insurance between the parents. These guidelines are presumed appropriate unless either parent presents evidence warranting a deviation.

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