HB 1045 South Dakota House · 2026 Regular Session

revise certain provisions related to child support.

HB 1045 revises South Dakota's child support laws to update income calculation methods and modify enforcement rules. It establishes a presumption that parents can earn at least $1,820 annually (based on 1,820 hours at state minimum wage) for support calculations, replacing previous standards in § 25-7-6.4. The bill also allows automatic modification of pre-2022 child support orders without proving changed circumstances (§ 25-7-6.13) and permits crediting parents for support arrears accrued during periods they had primary custody for over four months (§ 25-7-6.19). These changes directly affect parents obligated to pay child support, courts handling support cases, and the Department of Social Services administering these provisions.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
House Passage
Feb 2026
Senate Passage
Mar 2026
Signed into Law
Mar 2026
Introduced Jan 13, 2026 Signed Mar 12, 2026
Maddy AI version diff · 3 comparisons

What changed between versions

House Engrossed Enrolled · 5 edits · Mar 9, 2026
MODERATE
This bill revises South Dakota's child support laws to update income calculation standards, modify deviation factors for support orders, and clarify procedures for incarcerated parents and support debt hearings. The changes aim to modernize child support calculations and improve enforcement mechanisms.
Scope change
The bill applies to all existing and future child support orders in South Dakota, with specific provisions for orders entered before July 1, 2026.
REQUIREMENT

Updated the minimum income presumption from 1,820 hours multiplied by minimum wage to ensure child support calculations reflect current economic standards.

Added new factors for deviating from standard child support schedules, including voluntary unemployment, federal tax consequences of claiming children as dependents, and specific financial hardship thresholds.

ELIGIBILITY

Clarified that child support obligations continue for incarcerated parents released after 180 days until a modification petition is filed.

ENFORCEMENT

Updated income imputation rules to exclude parents sentenced to more than 180 days incarceration or those physically/mentally disabled from earning income.

TIMELINE

Established July 1, 2026 as the cutoff date for existing orders that can be modified without showing changed circumstances.

Floor votes · Senate Mar 5, 2026 · House Feb 20, 2026

How they voted

340
Passed · 1 other
Total votes 35
Mar 5, 2026
D Democratic3
3 Yea
100% Yea
R Republican32
31 Yea 1
96% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
17
Key actions
10
Committee
4
Amendments
2
Mar 12, 2026
Signed into law
Signed by the Governor on 2026-03-12 H.J. 571
executive
Mar 10, 2026
Upper · Passed
Signed by the President S.J. 512
upper
Mar 9, 2026
Upper · Passed
Signed by the Speaker H.J. 542
upper
Mar 5, 2026
Upper · Passed
Senate Do Pass Amended , Passed, YEAS 34, NAYS 0 S.J. 481
upper
Mar 5, 2026
Senate · Passed
Senate Vote: pass (34-0-1)
senate
Mar 3, 2026
Upper · Passed
Certified uncontested, placed on consent , Passed, S.J. 31
upper
Mar 3, 2026
Upper · Passed
Judiciary Do Pass , Passed, YEAS 6, NAYS 0 S.J. 31
upper
Feb 23, 2026
Introduced
First read in Senate and referred to Senate Judiciary S.J. 357
upper
Feb 20, 2026
Lower · Passed
House of Representatives Do Pass Amended , Passed, YEAS 67, NAYS 0 H.J. 389
lower
Feb 20, 2026
Introduced
House of Representatives Motion to amend , Passed, H.J. 389 Amendment 1045G
lower
Feb 20, 2026
House · Passed
House Vote: pass (67-0-3)
house
Feb 18, 2026
Lower · Passed
Judiciary Do Pass Amended , Passed, YEAS 10, NAYS 1
lower
Feb 18, 2026
Introduced
Judiciary Motion to amend , Passed, Amendment 1045F
lower
Jan 13, 2026
Introduced
First read in House and referred to House Judiciary H.J. 13
lower
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.