Child support in South Dakota
South Dakota uses the income-shares model: both parents' incomes count, and each parent pays a share of the child's support. To open a case, contact the South Dakota Department of Social Services, Division of Child Support (DCS) at 605-773-3641.
Checked against official sources: Oct 25, 2026. · Free letters and checklist ↓
How much child support in South Dakota?
The court adds both parents' monthly net incomes and finds the support amount on the state schedule for that income and number of children. The paying parent pays his or her proportionate share. Child care and health care costs can be split between the parents.
Law: SDCL 25-7-6.1, 25-7-6.2, 25-7-6.4
We don't estimate South Dakota's amount here: its formula uses both parents' incomes and other facts, and a home-made number could mislead you. The official tool gives the real starting number:
Open a child support case in South Dakota
- Phone
- 605-773-3641
- Apply
- Apply online
- How to open a case
Fill out the Request for Child Support Services and send the paper form with attachments and the $5 fee to DCS. Families receiving TANF, SNAP, Medicaid or Child Care Assistance are referred automatically and must cooperate. Allow about 2-4 weeks for the case to open. You can also go to court privately, usually with a lawyer.
Source: Application and Agreement for Full Services, SE-408
- Application fee
$5 per case. Waived if you receive TANF, SNAP and/or Medicaid for the children; Economic Assistance covers it if you get Child Care Assistance.
Source: DCS application SE-408
- Forms
- Paternity (legal fatherhood)
Paternity is set by a court order, genetic testing, a signed Voluntary Acknowledgment of Paternity, or birth during marriage (or within 10 months after it ended). A father's name on the birth certificate alone does not establish paternity. DCS does not provide free DNA testing; either parent can apply for DCS services to establish paternity and a support order. A man found to be the father may have to pay the genetic testing costs.
South Dakota child support by topic
How support is calculated in South Dakota
The model, the percentages or the official calculator, and low-income rules.
Change child support in South Dakota
When you can ask, how to ask, and a review letter.
Collect unpaid support in South Dakota
Collection tools, interest and license rules, and a letter.
When support ends in South Dakota
The end age, high school and disability rules.
How child support is figured in South Dakota
- Model
- Income shares
- How it works
The court adds both parents' monthly net incomes and finds the support amount on the state schedule for that income and number of children. The paying parent pays his or her proportionate share. Child care and health care costs can be split between the parents.
- Low income
The schedule includes a self-support reserve of $871 a month. In the low-income (bold) part of the schedule, the amount using only the paying parent's income is compared with his or her share using both incomes, and the lower amount is ordered. The lowest schedule amount is $79 a month (net income $0-950). An unemployed parent is presumed able to work 1,820 hours a year at state minimum wage.
- Official calculator
- Official South Dakota child support calculator
- Health insurance and medical costs
The court must address how the child's health care needs will be met. The order must include medical insurance if it is accessible for the child and available to a parent at reasonable cost, meaning the child's share of the premium is 8% or less of that parent's net income. Public coverage does not satisfy the duty if such private insurance is available. The parent with primary physical custody pays the first $250 of uninsured health costs each year; costs above that are split in proportion to each parent's support obligation.
Law: SDCL 25-7-6.16
Law: SDCL 25-7-6.1, 25-7-6.2, 25-7-6.4
Change a child support order in South Dakota
- When a change is allowed
Within 3 years of the order, you must show a substantial change in circumstances (for example a change in income, day care costs ending, or a child graduating while younger children remain). After 3 years, the order can be modified without showing any change.
- How to ask
File a petition on the Department's forms; DCS can help start the process. A child support referee holds a hearing and recommends the amount, parties have 10 days to object, and the circuit court enters the order. Only the circuit court can change the amount.
Law: SDCL 25-7A-22
Can I ask for a change? Check your situation
Collect unpaid child support in South Dakota
Arrears means support that is past due. The child support agency can use these tools to collect it:
- Collection tools
- Income withholding
- Driver's, professional, hunting and fishing license restriction
- Credit bureau reporting
- IRS tax refund offset
- Lottery offset
- Passport denial
- Referral to circuit court for nonpayment
- License suspension
DCS says driver's, professional, hunting and fishing licenses are restricted automatically when you owe $1,000 or more in arrears and that amount equals at least 3 months of support. By statute, professional, sporting and recreational licenses cannot be issued or renewed with arrears of $1,000 or more unless you make payment arrangements. The restriction is lifted once you sign a repayment agreement; you can ask for an administrative review.
Law: SDCL 25-7A-56
Source: DCS FAQ
- Contempt of court
DCS can refer nonpayment to the circuit court; only the court can jail a parent for not paying.
- Interest on unpaid support
The Department of Social Services or the parent owed support may collect interest on unpaid support at the Category D rate, 1% per month.
Law: SDCL 25-7A-14, 54-3-16
Law: SDCL 25-7A-56, 25-7A-56.1
When child support ends in South Dakota
- Support ends
18, or 19 if the child is a full-time student in a secondary (high) school.
- Exceptions
If the court decides support survives a parent's death, the amount can be changed or turned into a lump sum.
Law: SDCL 25-5-18.1
When does support end? Check your situation
Free help in South Dakota
Official self-help
Free letters and checklist
Ask the agency to review (change) your order
A letter to the child support agency asking for a review and adjustment.
Ask the agency to collect unpaid support
A letter asking the agency to enforce the order and collect what is past due.
Checklist: what to bring to open a case
IDs, birth certificates, the other parent's details and your papers, with South Dakota's agency contact.
Good to know in South Dakota
- When the oldest child turns 18, the support amount usually stays the same until a court modifies it, because most South Dakota orders are not per child (DCS FAQ).
- Interest on unpaid support can be 1% per month (SDCL 25-7A-14, 54-3-16).
- Unemployed parents are presumed able to work 1,820 hours a year at minimum wage (SDCL 25-7-6.4).
Changes in 2024–2026
2026 law changed referee hearing procedures, such as sending referee notices or reports by e-mail and deadlines for objections. The support schedule was last changed by a 2022 law.
Law: SL 2026, ch. 121; SDCL 25-7A-6.3, 25-7A-6.4
Federal rules in every state
- Applying. If you don't get TANF, Medicaid or foster care help, a state may charge an application fee of up to $25 to open a child support case. Law: 42 U.S.C. 654(6)(B)(i)
- Yearly fee. If you never got TANF and the agency collected at least $550 for you in a year, the state charges a $35 yearly fee. It can come out of your support, but never out of the first $550. Law: 42 U.S.C. 654(6)(B)(ii)
- Review every 3 years. If your case is with the child support agency, either parent can ask it to review the order every 3 years and adjust it to the guidelines. Law: 42 U.S.C. 666(a)(10)(A); 45 CFR 303.8
- Past-due support. Each unpaid payment becomes a judgment on the day it is due. It can't be lowered later, except back to the date the other parent got notice of a request to change the order. Law: 42 U.S.C. 666(a)(9)
- Tax refunds. The federal government can take a federal tax refund to pay past-due child support. Law: 42 U.S.C. 664
- Passports. A parent who owes more than $2,500 in past-due support can be refused a passport. Law: 42 U.S.C. 652(k)
- Pay withholding limit. For support, up to 50% of take-home pay can be withheld if the parent supports another spouse or child, or 60% if not. It is 55% or 65% when support is more than 12 weeks behind. Law: 15 U.S.C. 1673(b)
- How long support lasts. How long support lasts follows the law of the state that made the order, even if you move. Law: 28 U.S.C. 1738B(h)(2)
Questions about child support in South Dakota
How is child support calculated in South Dakota?
The court adds both parents' monthly net incomes and finds the support amount on the state schedule for that income and number of children. The paying parent pays his or her proportionate share. Child care and health care costs can be split between the parents.
Is there an official child support calculator for South Dakota?
What if the paying parent has a low income in South Dakota?
The schedule includes a self-support reserve of $871 a month. In the low-income (bold) part of the schedule, the amount using only the paying parent's income is compared with his or her share using both incomes, and the lower amount is ordered. The lowest schedule amount is $79 a month (net income $0-950). An unemployed parent is presumed able to work 1,820 hours a year at state minimum wage.
How do I apply for child support in South Dakota?
Fill out the Request for Child Support Services and send the paper form with attachments and the $5 fee to DCS. Families receiving TANF, SNAP, Medicaid or Child Care Assistance are referred automatically and must cooperate. Allow about 2-4 weeks for the case to open. You can also go to court privately, usually with a lawyer.
Does it cost money to open a child support case in South Dakota?
$5 per case. Waived if you receive TANF, SNAP and/or Medicaid for the children; Economic Assistance covers it if you get Child Care Assistance.
When can child support be changed in South Dakota?
Within 3 years of the order, you must show a substantial change in circumstances (for example a change in income, day care costs ending, or a child graduating while younger children remain). After 3 years, the order can be modified without showing any change.
How do I ask to change child support in South Dakota?
File a petition on the Department's forms; DCS can help start the process. A child support referee holds a hearing and recommends the amount, parties have 10 days to object, and the circuit court enters the order. Only the circuit court can change the amount.
What happens if child support is not paid in South Dakota?
Arrears means support that is past due. The child support agency can use these tools to collect it: Income withholding; Driver's, professional, hunting and fishing license restriction; Credit bureau reporting; IRS tax refund offset; Lottery offset; Passport denial; Referral to circuit court for nonpayment.
Can a license be suspended for unpaid child support in South Dakota?
DCS says driver's, professional, hunting and fishing licenses are restricted automatically when you owe $1,000 or more in arrears and that amount equals at least 3 months of support. By statute, professional, sporting and recreational licenses cannot be issued or renewed with arrears of $1,000 or more unless you make payment arrangements. The restriction is lifted once you sign a repayment agreement; you can ask for an administrative review.
Can a parent be held in contempt for not paying in South Dakota?
DCS can refer nonpayment to the circuit court; only the court can jail a parent for not paying.
Is there interest on unpaid child support in South Dakota?
The Department of Social Services or the parent owed support may collect interest on unpaid support at the Category D rate, 1% per month.
When does child support end in South Dakota?
18, or 19 if the child is a full-time student in a secondary (high) school.
Does child support continue while my child finishes high school in South Dakota?
18, or 19 if the child is a full-time student in a secondary (high) school.
Can child support continue past the usual age in South Dakota?
If the court decides support survives a parent's death, the amount can be changed or turned into a lump sum.
How is paternity established in South Dakota?
Paternity is set by a court order, genetic testing, a signed Voluntary Acknowledgment of Paternity, or birth during marriage (or within 10 months after it ended). A father's name on the birth certificate alone does not establish paternity. DCS does not provide free DNA testing; either parent can apply for DCS services to establish paternity and a support order. A man found to be the father may have to pay the genetic testing costs.
Who pays for the child's health insurance in South Dakota?
The court must address how the child's health care needs will be met. The order must include medical insurance if it is accessible for the child and available to a parent at reasonable cost, meaning the child's share of the premium is 8% or less of that parent's net income. Public coverage does not satisfy the duty if such private insurance is available. The parent with primary physical custody pays the first $250 of uninsured health costs each year; costs above that are split in proportion to each parent's support obligation.
More help on our sister sites
Sources
- SD DSS Division of Child Support
- DCS Parents FAQ
- How Obligations Are Determined
- Application and Agreement for Full Services (SE-408)
- SDCL 25-7-6.2 Support obligation schedule
- SDCL 25-7A-22 Modification
- SDCL 25-5-18.1 Duty to support
- SDCL Chapter 25-7
- Voluntary Paternity Acknowledgment brochure and form
Last checked: Oct 25, 2026.
- State plan requirements: application fee, annual fee, safeguards, 42 U.S.C. 654
- Required state laws: arrears as judgments, review every 3 years, UIFSA, 42 U.S.C. 666
- Federal tax refund offset, 42 U.S.C. 664
- Passport denial for child support arrears, 42 U.S.C. 652(k)
- Garnishment limits for support orders, 15 U.S.C. 1673(b)
- Full faith and credit for child support orders, 28 U.S.C. 1738B
- Office of Child Support Enforcement (federal)