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26.17.9 101st Legislative Session 163
2026 South Dakota Legislature
Senate Bill 163
Introduced by: Senator Pischke
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to repeal provisions related to the shared parenting child support cross 1
credit. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 25-7-6.14 be AMENDED: 4
25-7-6.14. If the child resides with the obligor six or more nights in a month 5
pursuant to a custody order, the court may, if deemed appropriate under the 6
circumstances, grant an abatement of not less than thirty -eight percent nor more than 7
sixty-six percent of the basic child support obligation for the nights the child resides with 8
the obligor. It shall be is presumed that the parenting time is exercised. 9
In deciding whether an abatement is appropriate, the court or child support referee 10
shall consider the fixed obligations of the custodial parent that are attributable to the child 11
and to the increased non -duplicated costs of the noncustodial parent that are associated 12
with the child’s time with the noncustodial parent. The burden is on the noncustodial 13
parent to demonstrate the increased costs that the noncustodial parent incurs for non -14
duplicated fixed expenditures, including routine clothing costs, costs for extra -curricular 15
activities, school supplies, and other similar non-duplicated fixed expenditures. 16
The order granting the abatement must specify the number of nights that the 17
abatement is allowed and the amount of the abatement. To calculate an abatement, the 18
court or child support referee shall: 19
(1) Determine the basic child support calculation, excluding additional costs including 20
health insurance or child care, and annualize the same; 21
(2) Divide the annual amount in subdivision (1) by three hundred sixty -five days to 22
calculate the daily child support amount; 23
(3) Multiply the daily child support amount in subdivision (2) by the number of 24
overnights the child spends with the noncustodial parent on a monthly basis; and 25
26.17.9 2 163
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Overstrikes indicate deleted language.
(4) Multiply the amount in subdivision (3) by the abatement percentage utilized. The 1
figure must be annualized and subtracted from the monthly child support 2
obligation. 3
No abatement may exceed the child support cross credit allowed under § 25-7-4
6.27. 5
If the noncustodial parent does not exercise the extended parenting time during a 6
particular year, the noncustodial parent is required to repay the abated amount of child 7
support to the custodial parent. 8
Section 2. That § 25-7-6.28 be AMENDED: 9
25-7-6.28. For the purposes of §§ 25-7-6.14 and 25-7-6.27, a child resides with 10
a parent for a night if the child sleeps: 11
(1) At the residence of that parent at night, whether or not the parent is present; or 12
(2) In the company of the parent, if the child does not sleep at a parent's residence. 13
If, in a calendar year, due to a parent's nighttime work schedule, a child resides 14
with a parent for days, but not nights, the court may condition the abatement on the 15
required days rather than nights. In those instances, on a school day, the child is treated 16
as residing at the primary residence registered with the school. 17
Section 3. That § 25-7-6.27 be REPEALED. 18
If a custody order by the court, contains a detailed shared parenting plan which 19
provides that the child will reside no less than one hundred eighty nights per calendar 20
year in each parent's home, and that the parents will share the duties and responsibilities 21
of parenting the child and the expenses of the child in proportion to their incomes, the 22
court may, if deemed appropriate under the circumstances, grant a cross credit on the 23
amount of the child support obligation based on the number of nights the child resides 24
with each parent. The shared parenting child support cross credit shall be calculated as 25
follows: 26
(1) Multiply the parents' combined child support obligation under the schedule by 1.5 27
to establish the parents' combined shared parenting child support obligation; 28
(2) Multiply the combined shared parenting child support obligation by each parent's 29
percentage share of the parents' combined net incomes to establish each parent's 30
shared parenting child support obligation; 31
(3) Multiply each parent's shared parenting child support obligation by the percentage 32
of nights the child resides with each parent based on a three hundred sixty -five 33
26.17.9 3 163
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Overstrikes indicate deleted language.
day calendar year to establish each parent's prorated shared parenting child 1
support obligation; 2
(4) Offset the parents' prorated shared parenting child support obligations; and 3
(5) The parent with the larger prorated shared parenting child support obligation shall 4
pay the difference between these amounts. 5
In deciding whether a shared parenting child support cross credit is appropriate, 6
the court shall consider whether it would have a substantial negative effect on the child's 7
standard of living. 8
It is presumed that the parenting time is exercised. If the parenting time exercised 9
substantially deviates from the parenting time ordered, either party may petition the court 10
for a modification of the support order without showing any other change in circumstances. 11