How 50/50 Shared Parenting Time Affects Child Support Calculations in South Dakota

When parents in South Dakota agree to share physical custody of their children equally, many assume that child support simply cancels out and nobody pays anything. This is a massive misconception. South Dakota uses an income shares model, meaning that even in a perfect 50/50 custody arrangement, if one parent earns more money than the other, child support will still be exchanged. However, the state provides a specific mathematical formula to reduce that burden.

Understanding the strict financial math behind the cross-credit formula can save you thousands of dollars over the years. We highly recommend browsing our directory to find an experienced South Dakota family law attorney. A local lawyer can run the exact statutory calculations to ensure you are not overpaying or being underpaid.

The Shared Parenting Cross-Credit in South Dakota

Child support calculations in South Dakota are governed by statutory guidelines. When parents share physical custody, S.D. Codified Laws § 25-7-6.27 provides a specific 'cross-credit' formula. This formula acknowledges that when a child spends an equal amount of time in both households, both parents are directly paying for the child's daily living expenses like food, housing, and utilities. Therefore, the standard child support amount is adjusted to reflect these duplicated household costs.

Reaching the 180-Night Threshold

To qualify for the shared parenting child support calculation, the child must reside with each parent for a minimum of 180 overnights per year. If you have 179 overnights and the other parent has 186, you do not technically meet the statutory requirement for the true cross-credit calculation. In such borderline cases, you may have to petition the Lincoln County Circuit Court, Canton or the Brookings County Circuit Court, Brookings for a specific deviation from the standard guidelines based on substantial parenting time.

Calculating with Identical Incomes

If both parents have exactly 50/50 custody (182.5 overnights each) and both parents earn the exact same monthly net income, the math is simple. The cross-credit formula will result in a net child support obligation of $0. Because both incomes and parenting time are identical, neither parent owes the other.

Calculating When One Parent is a High-Earner

If one parent is a high-earner (e.g., earning $8,000 a month) and the other earns significantly less (e.g., $3,000 a month), the high-earner will still pay child support, even with 50/50 custody. The state views the combined income ($11,000) as the pool of resources the child is entitled to. The high-earner is responsible for their proportional share of the basic support obligation, offset by the time the child spends in their home. The cross-credit calculation reduces the high-earner's payment compared to a standard every-other-weekend schedule, but it does not eliminate it.

Step-by-Step Math Example for S.D. Codified Laws § 25-7-6.27

Here is a simplified breakdown of how courts in Sioux Falls and Rapid City run the cross-credit math:

1. Determine Combined Income: The court combines both parents' net incomes to find the total basic child support obligation on the South Dakota schedule.
2. Calculate Proportional Share: Each parent is assigned a percentage of that obligation based on what they contribute to the combined income.
3. Apply the Multiplier: In shared parenting cases, the basic child support obligation is multiplied by a statutory factor (often 1.5) to account for the duplicated costs of maintaining two separate households for the child.
4. Offset the Amounts: The court calculates what Parent A owes Parent B, and what Parent B owes Parent A. The lower amount is subtracted from the higher amount.
5. Final Order: The parent with the higher remaining obligation pays that exact net difference to the other parent.

How Much Does it Cost to Modify Support in SD?

If you recently moved to a 50/50 custody schedule, your child support does not automatically change. You must formally file for a modification.

How Long Does the Process Take?

If both parents agree on the math and sign a stipulation, such as Form UJS-185, South Dakota, Unified Judicial System, Stipulation, Custody, Parenting Time and Support Agreement, while disclosing earnings on Form UJS-023, South Dakota, Unified Judicial System, Financial Statement, they submit Form UJS-089, South Dakota, Unified Judicial System, Child Support Order Filing Data Form for the state payment registry. A judge can approve the agreed 50/50 cross-credit order within 30 days. If incomes are disputed or one parent contests the modification, it will require a hearing in a South Dakota Circuit Court, which typically takes 3 to 5 months from the date of filing.

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