Changes to Existing Law

Deviation from the schedule in § 25-7-6.2 shall be considered if raised by either4 party and made only upon the entry of specific findings based upon any of the following factors: (1)The income of a subsequent spouse or contribution of a third party to the income or6 expenses of that parent but only if the application of the schedule works a financial7 hardship on either parent; (2)Any financial condition of either parent which would make application of the9 schedule inequitable. If the total amount of the child support obligation, including10 any adjustments for health insurance and child care costs, exceeds fifty forty percent11 of the obligor's monthly net income, it is presumed that the amount of the obligation12 imposes a financial hardship on the obligor. This presumption may be rebutted based13 upon other factors set forth in this section; (3)Any necessary education or health care special needs of the child; 100 copies were printed on recycled paper by the South DakotaLegislative Research Council at a cost of $.167 per page.v Insertions into existing statutes are indicated by underscores.Deletions from existing statutes are indicated by overstrikes. - 2 -HB 1106 (4)The effect of agreements between the parents regarding extra forms of support for the1 direct benefit of the child; (5)The obligation of either parent to provide for subsequent natural children, adopted3 children, or stepchildren. However, an existing support order may not be modified4 solely for this reason; or5 (6)The voluntary and unreasonable act of a parent which causes the parent to be6 unemployed or underemployed, unless the reduction of income is due to7 incarceration.8