This Marital Domestic Separation and Property Settlement Agreement is a Separation and Property Settlement for persons with minor children. The parties do not have joint property and/or debts. This form is for use when a divorce action is pending to resolve all issues. It contains detailed provisions about custody of the children, visitation, child support, etc. It also contains provisions allowing for the payment or non-payment of alimony.
Marital Separation Agreement South Dakota Withholding
State:
South Dakota
Control #:
SD-DO-10
Format:
Word;
Rich Text
Instant download
Description
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How to fill out South Dakota Marital Domestic Separation And Property Settlement Agreement Minor Children No Joint Property Or Debts Where Divorce Action Filed?
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FAQ
The court orders a flat percentage of 25% of the non-custodial parent's income to be paid in child support to the custodial parent. Therefore, the non-custodial parent pays $500 per month in child support.
SEPARATE MAINTENANCE: There is no such thing as a "legal separation" in South Dakota. South Dakota does have a proceeding for separate maintenance. The procedure for such an action is the same as that for a divorce.
In some South Dakota custody cases, judges have considered the well-reasoned preferences of children as young as 10. Children under 10 are generally considered too immature to form a parental preference.
South Dakota law defines adultery as "voluntary sexual intercourse between a married person and someone of the opposite sex who to whom he or she is not married." (S.D. Codified Laws § 25-4-3 (2021).) Adultery Laws Apply to Same-Sex Couples, Too.
In South Dakota, a parent's child support obligation is governed by the Child Support Guidelines. The amount to be paid is determined primarily by the combined incomes of the parents, the number of children for whom support is required, and the amount of time the children spend with each parent.