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.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Family Law Articles
- South Dakota Family Law: Child Support
- Why Is It Important To Establish A Child's Legal Father?
- What Is The Difference Between A Legal Father And A Biological Father?
- What Is Medical Support Enforcement?
- How Does The Custodial Parent Get The Noncustodial Parent To Pay His Share Of The Medical Bills Not Covered By Insurance?
- What If The Obligor Is Self-Employed Or Unemployed?
- What If One Parent Does Not Live In South Dakota?
- In South Dakota, Can a Spouse Give Up His or Her Right to Alimony in a Premarital Agreement?
- What Steps are Necessary to Enter a Valid Premarital Agreement in South Dakota?