South Dakota Child Support Enforcement Resource Center
Even if the non-custodial parent lives outside the state of South Dakota, the law requires cooperation between states. The non-custodial parent is legally required to make regular child support payments, regardless of where they live.
South Dakota Support Enforcement Measures
If a non-custodial parent does not pay child support, he or she is subject to enforcement measures in accordance with Federal and South Dakota child support law to collect regular and past-due payments.
- Wage Withholding/Income Withholding
- Driver's, Professional, Hunting and/or Fishing License Restriction
- Passport application denial, revocation or restriction
- State and federal tax refund offsets
- Intercept of unemployment benefits
- Credit bureau reporting
- Assets held by the non-custodial parent, real or personal, are subject to lien
Who Can Enforce Court Ordered Child Support in South Dakota?
South Dakota Division of Child Support is the state-run child support enforcement office for South Dakota. The South Dakota Department of Social Services is required by federal law to provide services through the Division of Child Support (DCS) and is funded by the federal government and the state of South Dakota.
|SOUTH CAROLINA CHILD SUPPORT ENFORCEMENT CASELOAD STATISTICS1
|Full Time Equiv. Staff
1 U.S. Office of Child Support Enforcement, Boxscores for FY 2005
Interest on Missed Child Support Payments
In South Dakota , interest on late child support payments, retroactive support or adjudicated arrears is accessed at the court's discretion. If granted, accrues at a rate of 1%.
South Dakota's Statute of Limitations on Back Child Support Payments (Arrears)
The statute of limitations on enforcement of past due child support in South Dakota is 20 years from the date the support is due.
South Dakota's Statute of Limitations for Determination of Paternity
Determination of paternity in South Dakota must begin before the child's 18th birthday.
Age of Emancipation / Age of Majority in South Dakota
The age of emancipation in South Dakota is 18. 19 if the child is a full-time student in a secondary school. (SDCL 25-5-18.1)
How Are Child Support Payment Amounts Determined in South Dakota?
The state legislature has established guidelines which courts use to ensure that an equitable share of parental income and resources are allocated to the child(ren). The combined monthly net incomes of both parents are used in determining the obligation and divided proportionately between the parents based on their respective net incomes. The noncustodial parent's proportionate share establishes the amount of the child support order.
To help you estimate the child support obligation, the Department of Social Services has a child support obligation worksheet available online.
Custody and Visitation Issues
Child support and visitation rights are separate issues. The court determines both and will usually order the non-custodial parent to pay support and the custodial parent to make the child available for visits.
The custodial parent must obey the court order for visitation, even if the non-custodial parent cannot or will not pay child support. The court can enforce any of its orders against either parent.
Our clients say...
It took me 10 years to catch up with my husband to establish a court order for child support. Years had gone by and his debt was in the thousands. I got Human Services involved and they told me that because I was now in a different state I had to close my case and had to open my case there. Weeks after I sent the paperwork to the Child Support Enforcement office, I received a letter saying I needed to attach notarized proof of previous payements made etc, etc, etc. I was tired of going through the process of trying to get child support owed.
I found the website for Support Collectors. I figured it probably wouldn't work and a lot of paperwork would be required...Well, there was not a lot of paperwork. It was so easy, I don't know why these other agencies need so much stuff when Support Collectors took the basic information and I had payment coming in in less than 6 weeks (this includes the time that I filed). Support Collectors kept in contact with me and was able to establish a settlement in no time. I was really surprised. I would recommend this service to anyone else (man or woman). The service was excellent.
- Lee M., Alabama
After many years of searching through various agencies for my ex-husband, a dear friend told me about the Support Collectors web site. I logged on and requested an application, thinking to myself it won't make a difference. We hadn't found him in 19 years, they won't be able to find him either. To my surprise they did and very quickly. Support Collectors handled everything very professionally and I received my settlement of $60,000 within a few months!
I would highly recommend Support Collectors to anyone who is owed child support. Thank you Support Collectors for doing what I thought was completely hopeless.
- Terry M., Illinois
Thank you so much for your help in getting the child support payments my daughter deserves! I only wish I would not have waited so long to contact you for assistance. You succeeded when everyone else had failed.
Don't try to handle this problem on your own with the department of child support services who are drowning in a sea of paperwork, let Support Collectors take care of you personally. The best part is that you don't owe them anything until they get payments for you and believe me, it is worth every penny.
- Teresa H., Illinois