FOR AN ACT ENTITLED, An Act to provide for an exception from the rebuttable presumption of minimum wage employment in certain child support cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 25-7-6.4 be amended to read as follows:
     25-7-6.4.   Except in cases of physical or mental disability and as provided in section 2 of this Act , it shall be presumed for the purposes of determination of child support that a parent is capable of being employed at the minimum wage and his that parent's child support obligation shall be computed at a rate not less than full-time employment at the state minimum wage. Evidence to rebut this presumption may be presented by either parent.
     Section  2.  That chapter 25-7 be amended by adding thereto a NEW SECTION to read as follows:

     If an obligor parent is attending either a postsecondary educational institute or a vocational training institute, as a full-time student, the provisions of §  25-7-6.4 do not apply, and the obligor parent's child support obligation shall be based on actual earnings pursuant to §  25-7-6.3 or fifteen hours per week at minimum wage, whichever is greater. The provisions of this section do not apply if:

             (1)    The student has completed eight semesters or four years of postsecondary or

vocational education;

             (2)    The student is not maintaining a cumulative grade point average of 2.0 on a 4.0 scale or the equivalent; and

             (3)    The student's course of study is not reasonably necessary for employment or earnings enhancement.
     Section  3.  That chapter 25-7 be amended by adding thereto a NEW SECTION to read as follows:

     The provisions of section 2 of this Act do not apply to the obligor parent's obligation with regard to day care and health care costs which shall be calculated at a rate not less than full-time employment at state minimum wage or actual wages, whichever is greater.