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If you need more space to answer a question please attach additional sheets if necessary to fully answer any item. Be sure to attach a copy of your most recent paycheck stub and a copy of your last filed Federal Income Tax Return including a copy of your W-2. DSS-SE-415 11/2015 INSTRUCTIONS FOR FILING A PETITION FOR MODIFICATION OF CHILD SUPPORT OBLIGATION South Dakota allows either the custodial or non-custodial parent to petition for modification of a South Dakota child support order. In limi ...

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How is child support determined in South Dakota?

The child support obligation is set by looking at the combined monthly net incomes of both parents. The amount a person paying support must pay is based on their proportionate share.

What is the abatement of child support in South Dakota?

Abatement (SDCL 25-7-6.14): If the child resides with the payor of support six or more nights in a month pursuant to a custody order, the court may, if deemed appropriate, grant an abatement of not less than 38 percent nor more than 66 percent of the basic child support obligation for the nights the child resides with

Can child support be waived in South Dakota?

If you wish to have the waiver considered, only include the waiver. If you include both the waiver and $50 filing fee, the waiver will not be considered. If you are filing more than one petition, a separate $50 filing fee or waiver must be attached to each petition.

At what age does child support stop in South Dakota?

The parents of any child are under a legal duty to support their child in ance with the provisions of 25-7-6.1, until the child attains the age of eighteen, or until the child attains the age of nineteen if the child is a full-time student in a secondary school.

How is child custody determined in South Dakota?

In South Dakota, as in all states, judges make custody decisions based on whats in the best interests of the child. (S.D. Codified Laws 25-4-45 (2024).)

How do I modify child custody in South Dakota?

If I dont agree with the custody order, how can I get it changed? In South Dakota, the standard parenting guidelines will set out the custody arrangement to be followed by the parents. You can object to the standard guidelines and the judge will order a hearing within thirty days.

Do you have to pay child support if you have 50/50 custody in South Dakota?

In the case of a 50/50 split in parenting time, the higher earner pays child support to the lower earner.

What happens in South Dakota if you dont pay child support?

If there are child support arrears owed, there may be other enforcement actions taken such as restriction of driver, professional, hunting and/or fishing license(s); credit bureau reporting; IRS tax offset; referral to court for nonpayment; and passport denial.

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How is child support determined in South Dakota?

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