South Dakota § 25-7-6.26 - Imputation of income--Grounds--Considerations--Individuals excluded.
Full text of South Dakota South Dakota Codified Laws § 25-7-6.26 — Imputation of income--Grounds--Considerations--Individuals excluded., with citation guidance and answers to common questions.
§ 25-7-6.26. Imputation of income--Grounds--Considerations--Individuals excluded.
A court may impute a parent's income for purposes of child support if:
(1) The parent does not produce sufficient proof of income;
(2) The parent's employment status is unknown;
(3) The parent is underemployed; or
(4) The parent is unemployed.
The income amount imputed may not be less than the current state minimum wage multiplied by one thousand eight hundred twenty hours.
To determine the amount of income to impute to the parent, the court may consider any factor relevant to the parent's ability to earn income, including the parent's age, criminal record, education, experience, health, occupational skills, the employment opportunities in the geographical area where the parent resides.
The amount of income imputed may be based on the parent's past income data, data on wage rates for various occupations and locations published by the United States Bureau of Labor Statistics or any other federal or state government agency, or job advertisements.
No income may be imputed to a parent who has been sentenced to serve a term of incarceration or confinement of more than one hundred eighty days, or to a parent who is physically or mentally disabled to the extent that the parent cannot earn income.
Source: SL 2009, ch 130, § 9; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011; SL 2013, ch 119, § 2; SL 2022, ch 81, § 7; SL 2026, ch 121, § 5.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 25-7-6.26
What does South Dakota Codified Laws § 25-7-6.26 cover?
Section 25-7-6.26 ("Imputation of income--Grounds--Considerations--Individuals excluded.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 25-7-6.26?
A common citation format is "South Dakota Codified Laws § 25-7-6.26" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 25-7-6.26 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.