Official Summary Text
revise the factors for considering deviation from the child support obligation schedule.
Official keyword topics:
Child Support
Domestic Relations
Official sponsor note: Senators <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4803/Detail">Pischke</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4781/Detail">Larson</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4800/Detail">Perry</a> and Representatives <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4770/Detail">Jensen (Phil)</a> and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4771/Detail">Jordan</a>
Current Bill Text
Read the full stored bill text
26.70.9 101st Legislative Session 162
2026 South Dakota Legislature
Senate Bill 162
Introduced by: Senator Pischke
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to revise the factors for considering deviation from the child support 1
obligation schedule. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 25-7-6.10 be AMENDED: 4
25-7-6.10. Deviation from the schedule in § 25-7-6.2 must be considered if raised 5
by either party and made only upon the entry of specific findings based upon any of the 6
following factors: 7
(1) The income of a subsequent spouse or contribution of a third party to the income 8
or expenses of that parent but only if the application of the schedule works a 9
financial hardship on either parent; 10
(2) Any financial condition of either parent that would make application of the schedule 11
inequitable. If the total amount of the child support obligation, including any 12
adjustments for health insurance and child care costs, exceeds fifty percent of the 13
obligor's monthly net income, it is presumed that the amount of the obligation 14
imposes a financial hardship on the obligor. This presumption may be rebutted 15
based upon other factors set forth in this section; 16
(3) Any necessary education or health care special needs of the child; 17
(4) The effect of agreements between the parents regarding extra forms of support for 18
the direct benefit of the child; 19
(5) The obligation of either parent to provide for subsequent natural children, adopted 20
children, or stepchildren. However, an existing support order may not be modified 21
solely for this reason; or 22
(6) The voluntary and unreasonable act of a parent that causes the parent to be 23
unemployed or underemployed, consistent with the provisions of § 25-7-6.26; or 24
(7) The federal income tax consequences arising from claiming the child as a 25
dependent. 26