The minimum child support payment in South Dakota is $79 per month for one child, which is the lowest figure on the state’s support schedule and applies when both parents’ combined net income is $950 or less.1South Dakota Legislature. South Dakota Code 25-7-6.2 – Support Obligation Schedule For two children at that income level the floor is $80, and for three it is $81. Very few parents actually pay these amounts, though, because South Dakota presumes every parent can earn at least minimum wage, and that presumption usually pushes the calculated obligation well above the schedule’s bottom.
Why the $79 Floor Rarely Applies
South Dakota uses an income-shares model. The court finds both parents’ combined monthly net income on the schedule, reads across to the base obligation for the number of children, and then assigns each parent a share proportional to their slice of the combined income. To hit the $79 figure, the two parents together would need to be bringing in no more than $950 per month after taxes and other allowable deductions.
That is a very low bar, and state law makes it hard to stay under it on paper. Under SDCL 25-7-6.4, courts presume every parent can work 1,820 hours a year at the state minimum wage.2South Dakota Legislature. South Dakota Code 25-7-6.4 – Rebuttable Presumption of Employment at Minimum Wage With South Dakota’s 2026 minimum wage at $11.85 per hour, that comes to about $21,567 per year, or roughly $1,797 per month in gross income before deductions.3South Dakota Department of Labor and Regulation. Employment Laws – Minimum Wage A parent who is unemployed, underemployed, or earning cash income the court can’t verify will generally have income imputed at that level, and the schedule obligation gets calculated from there.
Choosing to quit a job, cut hours, or take lower-paying work does not lower your obligation. The court calculates support based on what you could reasonably earn, not what you chose to earn.
When the Minimum-Wage Presumption Can Be Rebutted
The presumption is rebuttable, and this is the real route to a payment near the schedule floor. Under SDCL 25-7-6.26, a parent can overcome the imputed minimum-wage figure by showing one of the following:4South Dakota Legislature. South Dakota Code 25-7-6.26 – Exception to Minimum Wage Presumption
- A physical or mental condition that prevents them from working.
- Incarceration for 180 days or more.
- A genuine, documented effort to find suitable work that has not succeeded.
A court can also reduce imputed income when other circumstances make the full presumption unfair. If you can establish one of these grounds and your actual income is low enough, your share of the obligation can drop toward the schedule’s $79 base. For a parent with no income and no imputed income, and a custodial parent earning the entire combined total, the noncustodial share can be a very small number.
The 50 Percent Hardship Cap
South Dakota builds in a hard check on how high a support order can go relative to the paying parent’s income, which can also function as a floor-setter for low earners. If the total child support obligation, including add-ons for health insurance and child care, would exceed 50% of the paying parent’s monthly net income, financial hardship is presumed and the court can deviate downward.5South Dakota Legislature. South Dakota Code 25-7-6.10 – Factors Considered for Deviation from Schedule The other parent can push back against the presumption, but the 50% figure gives judges a concrete benchmark.
Other grounds for deviating below the schedule exist too, including the paying parent’s documented financial hardship and the specific circumstances of the case. Any deviation requires the court to make written findings explaining which factor applies and why the standard amount is inappropriate. A judge cannot lower the number without putting the reasoning on the record.
Shared Parenting Can Reduce the Number
When both parents have the child at least 180 overnights per year, South Dakota applies a shared-parenting cross-credit that can substantially cut the noncustodial parent’s monthly payment.6South Dakota Legislature. South Dakota Code 25-7-6.27 – Shared Parenting Child Support Cross Credit The calculation starts by multiplying the base schedule obligation by 1.5 to account for the cost of maintaining two full households for the child. That figure is split between the parents according to their share of combined income, then adjusted for the percentage of overnights each parent provides. The two amounts offset each other, and the parent who owes more pays the difference.
Even under shared parenting the higher earner usually still owes something, but the final number can be meaningfully lower than a standard order. For a parent whose circumstances already put them near the floor, qualifying for the cross-credit can bring the payment down further.
Lowering an Existing Order
If a current order is set higher than you can pay, you can petition the court to modify it. The rules depend on when the existing order was entered. For orders entered on or after July 1, 2022, you can request a modification at any time by showing a substantial change in circumstances, or you can wait three years from the date of the order and petition without having to prove any change at all.7South Dakota Legislature. South Dakota Code 25-7A-22 – Petition for Modification of Child Support For orders entered before July 1, 2022, modification is available at any time without having to show a change in circumstances.8South Dakota Department of Social Services. Modification of South Dakota Child Support Orders
Common qualifying changes include job loss, a new disability, or a change in the child’s needs. Deliberately reducing your own income will not help. The court can impute earnings on a modification request the same way it does in an initial calculation, so walking away from a job to chase a lower payment generally backfires.
What Minimum Really Means in Practice
For most noncustodial parents in South Dakota, the realistic floor is not the $79 figure on the schedule but the obligation that results from imputing minimum wage. A parent making $1,797 per month in imputed gross income, with no other income on the custodial side, would owe considerably more than $79 for one child. The schedule’s true minimum only comes into play when actual income is extremely low and the minimum-wage presumption has been successfully rebutted, or when the 50% hardship cap and other deviation factors pull the number down. If you believe your situation justifies a payment at or near the floor, you will need to document the grounds the statute recognizes and bring them to the court’s attention, either in your original case or through a modification petition.