18 chapters · 661 sections in this title.
SDCL § 25-9C-607 Contest of registration or enforcement
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(a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses: (1) The issuing tribunal lacked personal jurisdiction over the contesting party; (2) The order w…
SDCL § 25-9C-608 Confirmed order
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Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. Source: SL 2015, ch 148 , § 608.
SDCL § 25-9C-609 Procedure to register child support order of another state for modification
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A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in §§ 25-9C-601 to 25-9C-608 , inclusive, if the order has not been registered. A p…
SDCL § 25-9C-610 Effect of registration for modification
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A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of § 25-9…
SDCL § 25-9C-611 Modification of child support order of another state
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(a) If the provisions of § 25-9C-613 do not apply, upon petition a tribunal of this state may modify a child support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that: (1) The following requirements are met: (a) …
SDCL § 25-9C-612 Recognition of order modified in another state
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If a child support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state: (1) May enforce its order that was modified only as to arrears and in…
SDCL § 25-9C-613 Jurisdiction to modify child support order of another state when individual parties reside in this state
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(a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order. (b) A tribunal…
SDCL § 25-9C-614 Notice to issuing tribunal of modification
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Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party…
SDCL § 25-9C-615 Jurisdiction to modify child support order of foreign country
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(a) Except as otherwise provided in § 25-9C-711 , if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals sub…
SDCL § 25-9C-616 Procedure to register child support order of foreign country for modification
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A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the Convention may register that order in this state pursuant to §§ 25-9C-601 to 25-9C-608 , inclusive, if the order has not been registered. A petition for …
SDCL § 25-9C-701 Definitions
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Terms used in this Article mean: (1) "Application," a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority; (2) "Central authority," the entity designated by the United State…
SDCL § 25-9C-702 Applicability
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The provisions of this Article apply only to a support proceeding under the Convention. In such a proceeding, if a provision of this Article is inconsistent with Articles 1 to 6, inclusive, this Article controls. Source: SL 2015, ch 148 , § 702.
SDCL § 25-9C-703 Relationship of department to United States central authority
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The Department of Social Services of this state is recognized as the agency designated by the United States central authority to perform specific functions under the Convention. Source: SL 2015, ch 148 , § 703.
SDCL § 25-9C-704 Initiation by department of support proceeding under Convention
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(a) In a support proceeding pursuant to this Article, the Department of Social Services of this state shall: (1) Transmit and receive applications; and (2) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state. (b) The followi…
SDCL § 25-9C-705 Direct request
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(a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies. (b) A petitioner may file a direct request seeking recognition and enforcement of a supp…
SDCL § 25-9C-706 Registration of Convention support order
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(a) Except as otherwise provided in this Article, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this state as provided pursuant to Article 6. (b) Notwithstanding § 25-9C-311 and subsectio…
SDCL § 25-9C-707 Contest of registered Convention support order
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(a) Except as otherwise provided in this Article, §§ 25-9C-605 to 25-9C-608 , inclusive, apply to a contest of a registered Convention support order. (b) A party contesting a registered Convention support order shall file a contest not later than thirty days after notice of the r…
SDCL § 25-9C-708 Recognition and enforcement of registered Convention support order
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(a) Except as otherwise provided in subsection (b), a tribunal of this state shall recognize and enforce a registered Convention support order. (b) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered …
SDCL § 25-9C-709 Partial enforcement
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If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order. Source: SL 2015, c…
SDCL § 25-9C-710 Foreign support agreement
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(a) Except as otherwise provided in subsections (c) and (d), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state. (b) An application or direct request for recognition and enforcement of a foreign support agreement must be acco…
SDCL § 25-9C-711 Modification of Convention child support order
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(a) A tribunal of this state may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless: (1) The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defendi…
SDCL § 25-9C-712 Personal information--Limit on use
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Personal information gathered or transmitted under this article may be used only for the purposes for which it was gathered or transmitted. Source: SL 2015, ch 148 , § 712.
SDCL § 25-9C-713 Record in original language--English translation
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A record filed with a tribunal of this state under this Article must be in the original language and, if not in English, must be accompanied by an English translation. Source: SL 2015, ch 148 , § 713.
SDCL § 25-9C-801 Grounds for rendition
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(a) For purposes of this Article, Governor, includes an individual performing the functions of Governor or the executive authority of a state covered by this chapter. (b) The Governor of this state may: (1) Demand that the Governor of another state surrender an individual found i…
SDCL § 25-9C-802 Conditions for rendition
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(a) Before making a demand that the Governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the Governor of this state may require a prosecutor of this state to demonstrate that at least sixty…
SDCL § 25-9C-901 Uniformity of application and construction
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In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: SL 2015, ch 148 , § 901.
SDCL § 25-9C-902 Transitional provision
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The provisions of this chapter apply to proceedings begun on or after July 1, 2015 to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered. Source: …
SDCL § 25-9C-903 Severability
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If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provision…