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 corrects technical statutory reference numbers (changing "26.583.9" to "26.583.10") and substantially revises the child support income imputation rules by consolidating and clarifying when courts can impute income to parents, establishing a floor of state minimum wage times 1,820 hours annually, and adding specific exceptions for incarcerated individuals and those with disabilities. This change STRENGTHENS protections for unemployed or underemployed parents by providing clearer standards and exceptions while maintaining baseline child support obligations.
The amendment BROADENS the bill by adding an entirely new section (§ 25-7-6.10) that details seven specific factors courts must consider when deviating from child support guidelines, including financial hardship when support exceeds 50% of net income, special needs, and subsequent children obligations. This expansion provides more explicit guidance on when and how judges can adjust child support awards beyond the standard calculation.
The amendment changes the bill's codification reference from § 26.583.11 to § 26.583.12 and shifts the effective date for modifying prior child support orders from July 1, 2022 to July 1, 2026, which delays when parents can modify existing support orders without showing a change in circumstances. This WEAKENS the bill's original intent by postponing the relief mechanism for parents seeking to adjust outdated child support obligations.
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