S.D. Codified Laws ch. 25-7 – Support Obligations | Midpage

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South Dakota Codified Laws

Chapter 25-7

S.D. Codified Laws ch. 25-7

Support Obligations

25-7-1Duty to support spouse.25-7-2Liability for necessaries supplied to spouse.25-7-3Abandonment or separation of spouses--Liability for support.25-7-4Failure to support spouse as felony.25-7-5Duty to support spouse.25-7-6.1Obligation of parents to support child--Liability of absent parent--"Continued absence from the home".25-7-6.2Support obligation schedule.25-7-6.3Determination of parents' monthly net income--Sources of income.25-7-6.4Presumption--Parent employment at minimum wage.25-7-6.5Assets considered when income insufficient.25-7-6.6Profits or losses shown on federal income tax schedules as gross income--Court allowance of deduction.25-7-6.7Allowable deductions from monthly gross income.25-7-6.9Income above the schedule--Child support adjusted to appropriate level.25-7-6.10Support obligation schedule--Deviation--Factors considered.25-7-6.11Periodic adjustments in support.25-7-6.12Review and amendment of schedule.25-7-6.13Modification of prior support orders--Release from incarceration.25-7-6.14Abatement of portion of child support--Modification.25-7-6.15Allocation of travel costs by court.25-7-6.16Medical support--Insurance--Computation of costs--Apportionment between parents.25-7-6.17Large adjustment in support phased in.25-7-6.18Order allocating child care expenses.25-7-6.19Credit for child support arrearages--Parent with primary physical custody--Actual custody.25-7-6.20Lien on payment or installment of support under an order of support--Notice.25-7-6.21Credit on monthly support obligation for social security or veteran's dependent benefits.25-7-6.22Rebuttable presumption that second job income not to be considered in establishing support obligation.25-7-6.23Offset of support obligation when each parent has primary physical custody of at least one child--Computation--Assistance from department.25-7-6.24Change of physical custody of child without court approval--Order to pay child support.25-7-6.25Form to request reimbursement of medical or health care costs--Small claims procedure.25-7-6.26Imputation of income--Grounds--Considerations--Individuals excluded.25-7-6.27Shared parenting child support cross credit.25-7-6.28Child residence with parent for a night--Residence for days.25-7-6.29Written finding for establishment or modification of child support order--Best interest of child.25-7-7.1Continuation of duty to support.25-7-7.2Expenses incurred on child's behalf--Fee schedule.25-7-7.3Previously ordered support payments not subject to modification--Exception.25-7-7.4Unpaid payment or installment of support as judgment.25-7-7.5Filing of sworn statement or certificate of unpaid support due--Effective date of judgment.25-7-7.6Court may order payment of arrearages.25-7-7.7Termination of child support order upon disestablishment of paternity.25-7-8Stepparent's duty to support spouse's children.25-7-9Adult child supported by parent.25-7-10Liability of parent for necessaries supplied to child.25-7-12Allowances to parent out of child's property.25-7-13Support of spouse and children out of property of absentee, prisoner or mentally ill person--Application to circuit court--Notice--Trial and judgment.25-7-14Reimbursement of county from deceased parent's estate for support provided child.25-7-15Desertion of child under ten as felony.25-7-16Nonsupport of child by parent as misdemeanor--Felony where parent leaves state--Spiritual treatment--Unemployment.25-7-16.1Cash bond for nonsupport applied to child support arrearages.25-7-17Abandonment or nonsupport of child by parent as prima facie evidence of intent.25-7-17.1Parent's choice of health services permitted in legitimate practice of religious beliefs not violation of support requirements.25-7-19Marital status and divorce decrees immaterial to criminal liability--Status of unborn child.25-7-20Parent's criminal liability not relieved by other parent's custody or support provided by others.25-7-20.1Complaint for nonsupport signed by representative of department.25-7-22Communications not privileged in nonsupport prosecutions--Husband and wife as witnesses.25-7-23Abandonment and nonsupport of spouse or children as prima facie evidence of intent.25-7-24Release on undertaking to support spouse or child--Amount and terms of undertaking.25-7-25Cancellation of undertaking for support on demonstration of good faith.25-7-26Arrest and forfeiture of undertaking on failure to comply--Trial--Commitment or release on new undertaking.25-7-26.1Posting bond by obligor--Notice.25-7-27Adult child's duty to support parent when necessary--Notice required.25-7-28Adult child's right of contribution from brothers and sisters for support of parent--Notice required.25-7-30Proof of marriage and parentage.25-7-3125-7-31 to 25-7-36. Repealed by SL 1986, ch 218, §§ 62 to 67 25-7-37Chronically delinquent defined.25-7-38Late fee for certain chronically delinquent child support payments.