Modifying Child Support After Job Loss, Disability or Incarceration in South Dakota
South Dakota child support does not drop on its own after a job loss. File a petition; no income is imputed to a parent sentenced to more than 180 days, but the order continues after release until a petition is filed.
Can you lower child support after a job loss in South Dakota?
Yes, by petition. Within three years of the order you need a substantial change in circumstances, and a job loss can be one; after three years you need none (SDCL 25-7A-22). Payments before notice of hearing cannot change (25-7-7.3).
Can the court impute income if I am unemployed?
Yes. A court may impute income if you do not produce sufficient proof of income, your employment status is unknown, or you are underemployed or unemployed; the imputed amount may not be less than the state minimum wage times 1,820 hours, and the court weighs your age, criminal record, education, experience, health, skills and local job market (25-7-6.26).
How does South Dakota treat second-job income?
There is a rebuttable presumption that second-job income is not considered in establishing the support obligation (25-7-6.22). Tell the referee about any second job and why it should or should not count.
Who cannot have income imputed?
No income may be imputed to a parent who has been sentenced to serve more than 180 days of incarceration or confinement, or to a parent who is physically or mentally disabled to the extent the parent cannot earn income (25-7-6.26).
What happens when a long incarceration ends?
If a parent incarcerated for more than 180 days is released, the child support obligation in effect at release continues until either parent files a petition for modification (25-7-6.13). Do not assume a pre-sentence order was suspended: ask the court.
Does incarceration stop support?
The sections we read do not suspend support during incarceration; they limit imputed income for sentences over 180 days. File a petition and give notice, because arrears accrue meanwhile. Federal rules also say incarceration should not be treated as voluntary unemployment (45 CFR 302.56(c)(3)).
Will the court look at my child’s time in the other home?
The overnights with each parent matter for the shared parenting cross credit and abatement, so keep a calendar (25-7-6.28 defines how a night is counted).
Does public assistance affect my support?
A person who receives public assistance for a dependent child does not incur a debt under the chapter for the period of assistance, and the department can petition to modify an order on the same grounds as either party (25-7A-2). Tell the department about any change in assistance.
What proof helps?
| Situation | What to bring |
|---|---|
| Job loss | Termination notice, last pay stubs, unemployment award, job-search record |
| Disability | Medical records and any benefits award |
| Incarceration | The sentence, custody record and release date |
| Reduced hours | Pay stubs before and after the change |
What should you do first?
- File the petition and push for notice of hearing.
- Keep paying what you can: interest runs at 1% a month on the unpaid principal (see how South Dakota interest works).
- Check your numbers in the South Dakota child support modification calculator.
Frequently asked questions
Does South Dakota child support stop when the payer is in jail?
We found no provision that suspends it; file to modify, and note that no income is imputed to a parent sentenced to more than 180 days.
Can South Dakota impute income to an unemployed parent?
Yes, at no less than minimum wage times 1,820 hours, except for a parent sentenced to more than 180 days or too disabled to earn.
What happens to South Dakota support after release from a long sentence?
The obligation in effect at release continues until a parent files a petition to modify.
Does a South Dakota job loss lower child support automatically?
No. You must petition, and notice of hearing sets the start date.
Does a job loss stop South Dakota income withholding?
No. Withholding continues until the order changes.
Official sources
- SDCL 25-7A-22: petition for modification
- SDCL 25-7-6.13: modification of prior orders; release from incarceration
- SDCL 25-7-7.3: payments not subject to modification
- SDCL 25-7-6.29: written finding to deviate
- SDCL 25-7-6.14: abatement
- 42 U.S.C. 666(a)(9): no retroactive modification of support already due
- SDCL 25-7-6.26: imputation of income
- 45 CFR 302.56: federal guideline requirements
A local family law attorney can review your situation — many offer a free consultation.
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.