College and Adult Child Support in South Dakota: Post-Secondary and Disabled Children

By the FigureMyTax Editorial Team · How we calculate

We found no South Dakota provision for court-ordered college support or support for a disabled adult child in the sections we read. The statutory duty ends at 18, or 19 for a full-time secondary student.

Does child support cover college in South Dakota?

We found no provision that lets a court order support for college. The duty in the statute runs to 18, or 19 for a full-time secondary student (SDCL 25-5-18.1). College help usually rests on a written agreement; any agreement that relieves a party of support does not bind the department or an obligee unless they consent in writing and a court approves it (25-7A-17).

Is there child support for a disabled adult child in South Dakota?

We found no provision in the sections we read, so we are not stating one. Ask a licensed South Dakota attorney before the 18th birthday about your options, and bring medical and benefit records.

How should a college agreement be written?

• Which costs are covered: tuition, housing, books or a cap.
• Each parent’s share and when payments are due.
• Grade or enrollment conditions and what happens if the child leaves school.
• An end date or maximum number of years.
• Court approval so it can be enforced.

Who pays medical costs for an adult child?

The medical support order the court enters covers the child’s health care needs while the order is in effect, including insurance if it is accessible and costs no more than 8% of the parent’s net income for the child’s share (25-7-6.16). Ask what happens to coverage when support ends.

Can I ask the court to keep the order going if my child is in a program that is not high school?

The sections we read tie the extension to a full-time student in a secondary school, so other programs would need an agreement or order; ask a licensed South Dakota attorney.

Can a college agreement be enforced like a judgment?

An unpaid payment under an order for support is a judgment by operation of law (25-7-7.4), but an agreement that is not part of an order for support may need its own court action. Ask the court to incorporate the agreement into the decree.

What if my child has a disability and receives benefits?

We did not find a South Dakota provision on this in the sections we read. Bring award letters and medical records to a licensed South Dakota attorney before the 18th birthday.

Can a court order a parent to pay educational expenses during minority?

Yes. Parents are jointly and severally obligated for the necessary maintenance, education and support of their child in accordance with their respective means (25-7-6.1). That covers education during the order, not college after it ends.

Can the court still modify an agreement?

The sections we read speak to orders for support under the chapter. Write review terms into any college agreement and have the court approve it.

What are the age limits for a given birth date?

What about unpaid support from before?

It stays owed: see whether South Dakota arrears expire or can be forgiven and the South Dakota child support end date calculator.

Frequently asked questions

Official sources

• SDCL 25-5-18.1: parental duty to support child
• SDCL 25-7A-38: modification, suspension or termination of withholding
• SDCL 25-7-7.4: unpaid support as judgment
• SDCL 25-7A-14: interest
• SDCL 25-7A-17: agreements between parents

This is general information, not legal advice. It is based on the cited South Dakota statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed South Dakota attorney.