HB 1045 updates South Dakota's child support rules to establish a minimum income threshold for calculating support obligations and clarifies when judges can deviate from standard support amounts. The bill presumes parents can earn at least the state minimum wage for 1,820 hours annually, adds protections against excessive support orders (presuming hardship if support exceeds 50% of monthly income), and expands factors judges must consider when departing from standard guidelines, such as a subsequent spouse's income or a parent's voluntary unemployment.
The amendment changed the date when child support orders become eligible for modification without showing changed circumstances from July 1, 2022 to July 1, 2026.
The amendment added a new section (25-7-6.10) establishing seven factors for deviating from child support schedules, including a presumption of financial hardship when obligations exceed fifty percent of monthly net income.
Section 25-7-6.13's effective date for modifying prior support orders shifted from July 1, 2022 to July 1, 2026.
Other amendments
Signed by the Governor H.J. 571
Delivered to the Governor H.J. 556
Signed by the President S.J. 512
Signed by the Speaker H.J. 542
Senate Do Pass Amended Passed, YEAS 34, NAYS 0. S.J. 481
Judiciary Certified uncontested, placed on consent S.J. 31
Judiciary Do Pass Passed, YEAS 6, NAYS 0. S.J. 31
Judiciary Scheduled for hearing S.J. 1
First read in Senate and referred to Senate Judiciary S.J. 357
House of Representatives Do Pass Amended Passed, YEAS 67, NAYS 0. H.J. 389
House of Representatives Motion to amend H.J. 389
Judiciary Do Pass Amended Passed, YEAS 10, NAYS 1.
Judiciary Motion to amend
Judiciary Scheduled for hearing
First read in House and referred to House Judiciary H.J. 13
Judiciary — Do Pass
Do Pass Amended
Judiciary — Do Pass Amended