The Shared Parenting Cross Credit in South Dakota

By the FigureMyTax Editorial Team · How we calculate

With a detailed shared parenting plan and at least 180 nights in each home, South Dakota courts may multiply the basic obligation by 1.5, apportion it by income, apply it to the nights with the other parent and offset the two; for six or more nights a month they may grant a 38% to 66% abatement.

The cross credit

If a custody order contains a detailed shared parenting plan providing that the child will reside no less than 180 nights a year in each parent’s home, and that the parents will share the duties of parenting and the child’s expenses in proportion to their incomes, the court may, if appropriate, grant a cross credit based on the nights with each parent (SDCL 25-7-6.27). The court considers whether it would have a substantial negative effect on the child’s standard of living.

The calculation

(1) Multiply the combined obligation under the schedule by 1.5; (2) multiply that by each parent’s share of net income; (3) multiply each parent’s obligation by the percentage of nights, on a 365-day year; (4) offset the two; and (5) the parent with the larger prorated obligation pays the difference. The calculator applies each parent’s obligation to the time the child spends with the other parent, as in the standard shared-parenting model. With the example’s incomes and 182 nights the order is $308 instead of $1,060.

Parenting time is presumed exercised

It is presumed that the parenting time is exercised; if it substantially deviates from the order, either party may petition to modify the support without showing any other change.

The abatement

If the child resides with the obligor six or more nights in a month under a custody order, the court may grant an abatement of not less than 38% nor more than 66% of the basic obligation for those nights: the annualized basic obligation divided by 365 gives a daily amount, multiplied by the monthly nights and the abatement percentage, and no abatement may exceed the cross credit (SDCL 25-7-6.14). The non-custodial parent must show his or her increased non-duplicated costs, and repays the abatement if the extended time is not exercised.

What counts as a night

A child resides with a parent for a night if the child sleeps at that parent’s residence, whether or not the parent is present, or in the parent’s company if not sleeping at a parent’s residence (SDCL 25-7-6.28).

Questions to bring to an attorney

Ask whether your parenting plan reaches 180 nights each and whether the court is likely to grant the cross credit or an abatement.

Next steps

Test your schedule in the South Dakota child support calculator and see the reserve, health insurance and child care.

Frequently asked questions

Official sources

• SDCL 25-7-6.2: support obligation schedule
• SDCL 25-7-6.7: allowable deductions from monthly gross income
• SDCL 25-7-6.27: shared parenting child support cross credit

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.