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Legal Information: South Dakota

Child Support

Laws current as of July 11, 2024

Are medical expenses included in a child support order?

In South Dakota, the court will enter a medical support order to explain how your child’s health care needs will be taken care of. If either parent has private health insurance that can include the child at a “reasonable cost,” that parent might be ordered to add the child to the plan. In this case, enrolling the child in public health coverage instead would not satisfy the medical support obligation.

The cost of the insurance will be divided between you and the other parent on the basis of income. If either of you pays the entire amount because it is deducted from your paycheck, for example, you’ll either be reimbursed by the other parent for his/her part of the payment if you are the child support recipient; or you’ll get a credit on your child support payments if you are the one who pays child support.1

Sometimes there are costs that aren’t covered by insurance. If your child lives with you most of the time, you’ll be responsible for paying the first $250 of additional health care costs in each calendar year. After that, both parents will divide these costs in the same proportions that your support obligations are divided. Additional health care costs must be reasonable and can include things like:

  • medical care;
  • dental or orthodontic care;
  • counseling; or
  • eye care.1

1 SDCL § 25-7-6.16