§ 15-13-2 - Setting of support for children receiving public assistance.
SECTION 15-13-2
§ 15-13-2 Setting of support for childrenreceiving public assistance. – (a) If the statement appended to the petition indicates that any child of themarriage is a recipient of or applicant for public assistance, a hearing shallbe held as promptly as possible to determine the amount of support to whicheach child is entitled from the appropriate parent. The department of humanservices shall be given notice of the hearing and shall appear at the hearingfor the purpose of assisting the court in fixing the amount of support. In theabsence of the consent of the parties and agreement of the department of humanservices, the court shall not enter an order providing for support withoutconducting a hearing.
(b) In fixing the amount of support, which the parent shallbe ordered to pay, the court shall take into account the following factors:
(1) All earnings, income, and resources of the parentincluding real and personal property;
(2) The earnings potential of the parent;
(3) The reasonable necessities of the parent;
(4) The needs of the child for whom support is sought;
(5) The existence and needs of other dependents of theparent; and
(6) Any other factors, which bear upon the needs of the childand the ability of the parent to provide financial support of those needs.