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Gross earnings: Gross earnings are established based on tax records and current pay stubs. South Dakota law uses one parent's income from the equivalent of one full-time job to determine a child support amount in sole custody cases. Both incomes figure into shared custody child support.
In South Dakota, the Circuit Court is the only entity that can modify a child support obligation. Either parent or a representative (e.g. grandparent, aunt, uncle, a person who has legal custody of a child) may file a petition to modify a child support order.
Because each child support order is unique to every case, there is no set minimum for what a parent must pay.
South Dakota child custody laws don't prescribe a certain age when a child's preference may be considered. Judges have broad discretion when deciding how much weight to give the child's preference. In some South Dakota custody cases, judges have considered the well-reasoned preferences of children as young as 10.
The State of South Dakota bases all child custody decisions on one main factor: the best interests of the child. The child's health, well-being, and welfare are considered paramount when determining child custody.
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.
25-5-18.1. Parental duty to support child. 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.
The ?best interests of the child" are the primary concern. South Dakota law encourages joint custody between parents. Courts determining custody arrangements are also able to modify or vacate their decisions at any time, allowing for continued supervision of a child and their parents.