Most states have child support guidelines in their statutes—often in the statutes collected in the state’s family code. These child support guidelines provide percentages and methods of calculating child support payments based on the number of children; the parents’ incomes and financial resources; the income and needs of the custodial parent; the needs of the children, including any special needs; and the standard of living for the children before the parents’ divorce or separation. The child support guidelines are just guidelines, and the court generally has discretion to order more or less child support based on the best interest of the children.
In South Dakota, child support guidelines are established by state law to ensure that children receive adequate financial support from their parents following a divorce or separation. These guidelines are found in the South Dakota Codified Laws (SDCL), specifically in chapters 25-7 and 25-7A. The guidelines use an income shares model, which considers the combined income of both parents and allocates child support based on each parent's proportionate share of that income. Factors that are taken into account include the number of children, the income of both parents, and the custody arrangement. The guidelines also consider the needs of the children, including any special needs, and aim to maintain the standard of living the children would have enjoyed if the family had remained intact. While these guidelines provide a framework for calculating child support, South Dakota courts have the discretion to deviate from the guidelines when it is in the best interest of the children to do so. This means that a court may order a different amount of child support if the standard calculation does not meet the children's needs or if there are other extenuating circumstances.