South Dakota Child Support Enforcement Resource Center

• South Dakota Support Enforcement Measures
• Who Can Enforce Court Ordered Child Support in South Dakota
• South Dakota Division of Child Support Caseload Statistics
• Interest on Missed Child Support Payments
• Statute of Limitations on Back Child Support
• Statute of Limitations for Determination of Paternity
• Age of Emancipation / Age of Majority
• How Are Child Support Payment Amounts Determined in South Dakota?
• Custody and Visitation Issues

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.

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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.