An Act to recalculate abatement of the basic child support obligation.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That   25-7-6.14 be AMENDED:
25-7-6.14. Abatement of portion of child support--Modification.
If the child resides with the obligor
ten or more nights in a month pursuant to a custody order, the court
may, if deemed appropriate under the circumstances, grant an
abatement of not less than thirty-eight percent nor more than
sixty-six percent of the basic child support obligation for the
nights the child resides with the obligor.
The court shall grant an abatement of the basic child support obligation as provided for in this section:
(1) If the child resides with the obligor at least two nights in any month, the abatement must equal six and one-half percent of the monthly obligation;
(2) If the child resides with the obligor at least four nights in any month, the abatement must equal thirteen percent of the monthly obligation;
(3) If the child resides with the obligor at least six nights in any month, the abatement must equal twenty percent of the monthly obligation;
(4) If the child resides with the obligor at least eight nights in any month, the abatement must equal twenty-six percent of the monthly obligation;
(5) If the child resides with the obligor at least ten nights in any month, the abatement must equal thirty-three percent of the monthly obligation;
(6) If the child resides with the obligor at least twelve nights in any month, the abatement must equal sixty-six percent of the monthly obligation; and
(7) If the child resides with the obligor at least fourteen nights in any month, the abatement must equal one hundred percent of the monthly obligation.
The order granting the abatement shall specify the number of nights
for which the abatement is allowed and the amount of the abatement.
In deciding whether an abatement is
appropriate, the court shall consider whether it would have a
substantial negative effect on the child's standard of living.
The court shall may
allow the abatement to the obligor in the month in which
the parenting time is ordered or apportion the abatement over a
period of twelve months.
It shall be is
presumed that the parenting time is exercised. If the
parenting time exercised substantially deviates from the parenting
time ordered, either party may petition the court for a
modification of the support order,
without showing any other change in circumstances.
Section 2. That   25-7-6.28 be AMENDED:
25-7-6.28. Child residence with parent for a night--Residence for days.
For the purposes of      25-7-6.14
and 25-7-6.27, a child resides with a parent for a
night if the child sleeps:
(1) At the residence of that parent at night, whether or not the parent is present; or
(2) In the company of the parent, if the child does not sleep at a parent's residence.
If, in a calendar year,
due to a parent's nighttime work schedule, a child resides with a
parent for days, but not nights, the court may condition the
abatement on the required days rather than nights. In those
instances, on a school day, the child is treated as residing at the
primary residence registered with the school.
Section 3. That   25-7-6.27 be REPEALED.
25-7-6.27. Shared parenting child support cross credit.