South Dakota 2022 Regular Session

South Dakota House Bill HB1278

Introduced
1/31/22  
Refer
1/31/22  
Report Pass
2/9/22  
Report Pass
2/17/22  
Engrossed
2/22/22  
Refer
2/23/22  
Report Pass
3/3/22  
Enrolled
3/7/22  

Caption

Revise the child support obligation schedule.

Impact

The revisions stipulated in HB 1278 introduce a self-support reserve, ensuring that the noncustodial parent has a minimum income threshold that is considered necessary for their own subsistence. This change can significantly alter the financial landscape of child support obligations, potentially reducing the amount paid by noncustodial parents with limited resources, which may enhance their ability to provide for themselves while still fulfilling obligations to their children.

Summary

House Bill 1278 aims to amend the existing child support obligation schedule in South Dakota by revising how child support payments are calculated based on the combined net incomes of both parents. The bill sets forth a structure wherein the noncustodial parent's portion of the child support is determined proportionally based on their income compared to the total household income. This ensures that the financial obligations towards child support reflect the actual economic capabilities of both parents, emphasizing fairness in the distribution of financial responsibilities.

Sentiment

The sentiment surrounding the bill appears to be largely positive, especially among advocates for parents facing financial hardships. Proponents of the bill argue it provides a more realistic approach to calculating child support, acknowledging the needs of both parents and ensuring that noncustodial parents are not unduly burdened. However, there are also concerns voiced by child advocacy groups who fear that these changes might reduce the support provided to children in some situations.

Contention

Notable points of contention stem from the discussions surrounding the implications for custodial parents. Critics worry that adjusting the calculation could result in lower payments from noncustodial parents, potentially impacting the financial support received by children. They argue that while the intent to provide a fairer calculation is commendable, the execution may lead to unintended consequences that could diminish financial sustenance for custodial households. The debate over balancing parental responsibilities with the interests of children remains a pivotal discussion in the legislative discourse on this bill.

Companion Bills

No companion bills found.

Previously Filed As

SD SB805

Child support; updates amounts in the schedule of basic support obligations.

SD HB3163

Revising the definition of attributed support, update the basic child support guidelines, and the calculation of ability to pay

SD SB573

Relating to child support guidelines and Support Enforcement Commission

SD HB773

Provides for the schedule of basic child support obligations

SD SB455

Child support; calculation of gross income for determination, rental income.

SD HB686

Death of parent or guardian of a child resulting from driving under the influence; child support.

SD HB1048

Death of parent or guardian of a child resulting from driving under the influence; child support.

SD SB1314

Judgment or child support order; pregnancy and delivery expenses.

SD HB2290

Judgment or child support order; pregnancy and delivery expenses.

SD SB1012

Updating child support guidelines

Similar Bills

No similar bills found.