- posted: May 12, 2021
South Dakota courts can modify a child support order when one or both parents make are request due to a significant life change. Remarriage of either parent and the addition of more children to a household can qualify for such a modification, since these events can affect the remarried spouse’s disposable income and expenses.
When determining the appropriate amount for a child support order, a court will review both parents’ combined monthly net income and, in some cases, their new spouses’ incomes. The total amount necessary to maintain the children of the marriage will then be allocated between the parents in proportion to each parent’s individual income.
Courts have discretion when setting child support amounts in situations involving remarriage. South Dakota law allows a judge to deviate from the standard child support guidelines if one or both parents request it. When determining whether a deviation from the usual standards is appropriate, courts will consider several factors, including:
- If one spouse does not have the financial means to reasonably be able to pay the standard amount
- Any special needs of the child
- Whether a parent gave up their career and money-earning ability in order to run the house or care for children
A court may consider your new spouse’s income when setting an appropriate support amount. For example, if you remarry and your new spouse’s income allows you to have more disposable income, a court might determine that you should be paying more of your income in child support.
Additionally, if the new marriage involves you becoming legally responsible for another child, a court can take the impact of the new child into consideration when deciding whether a child support modification is appropriate. It is essential to note that, while the law allows a judge to consider the addition of a new child to the family, there typically must be other changes in circumstances for a modification to be warranted.
If you have remarried or your child’s other parent has, the family law attorneys of Anker Law Group can protect your rights. We have substantial experience assisting with child support issues and can help you achieve your goals. To schedule a free consultation at our Rapid City office, please call 605-519-5967 or contact us online today.