Title 25 — DOMESTIC RELATIONS

Any payment or installment of support under an order for support, as defined by § 25-7A-1 , whether entered by a court or an administrative entity of this state or any other state or jurisdiction, which is unpaid after the date it is due, is a lien by operation of law, with the f…

If the child receives social security or veteran's dependent benefits as a result of the obligor's disability, or social security retirement benefits from the obligor, the obligor is entitled to a credit to the amount of the monthly support obligation. Source: SL 2005, ch 134 , §…

If a parent has annual primary employment earnings that equal or exceed the current state minimum hourly wage multiplied by one thousand eight hundred twenty hours, there is a rebuttable presumption that a parent's second job income is not to be considered in establishing a suppo…

If the parents have two or more children between them and each parent has primary physical custody of at least one child, the child support obligation shall be determined by computing the amount of each parent's respective support obligation for the children in the other parent's…

If the parents of a child have agreed to a change in the physical custody of the child without the court's approval, the parent who relinquished physical custody may be ordered to pay child support to the parent who gained physical custody of the child even though the custody ord…

The department shall create and distribute a standardized form to allow a parent, guardian, or other custodian to request reimbursement of any medical or health care costs from the responsible parent. A parent, guardian, or custodian may use the small claims procedure of chapter …

This information is to be held confidential and may not be released for any purpose outside of the child support proceeding. The referee may charge a fee not to exceed twenty-five cents per page for reproducing any document requested. If the actual duplication cost exceeds twenty…

If a custody order by the court, contains a detailed shared parenting plan which provides that the child will reside no less than one hundred eighty nights per calendar year in each parent's home, and that the parents will share the duties and responsibilities of parenting the ch…

For the purposes of §§ 25-7-6.14 and 25-7-6.27 , a child resides with a parent for a night if the child sleeps: (1) At the residence of that parent at night, whether or not the parent is present; or (2) In the company of the parent, if the child does not sleep at a parent's resid…

A written finding for the establishment or modification of a child support order that the application of the child support schedule in § 25-7-6.2 would be unjust or inappropriate in a case is sufficient to rebut the presumption in that case. The best interest of the child must be…

The monthly net income of each parent shall be determined by the parent's gross income less allowable deductions, as set forth in this chapter. The monthly gross income of each parent includes amounts received from the following sources: (1) Compensation paid to an employee for p…

Except as provided in § 25-7-6.26 , it is presumed for the purposes of determination of child support that a parent is capable of being employed a minimum of one thousand eight hundred twenty hours per year, and the parent's child support obligation must be calculated at a rate n…

If a child's needs are not being met through the income of the parents, assets shall be considered. If the parents have savings, life insurance, or other assets in amounts unrelated to income, these holdings shall be considered. The parents' ability to borrow may be used to deter…

Gross income from a business, profession, farming, rentals, royalties, estates, trusts, or other sources, are the net profits or gain, or net losses shown on any or all schedules filed as part of the parents' federal income tax returns or as part of any federal income tax returns…

Deductions from monthly gross income must be allowed as follows: (1) Income taxes payable based on the applicable tax rate for a single taxpayer and a monthly payroll period rather than the actual tax rate; (2) Social security and Medicare taxes based on the applicable tax rate f…

25-7-6.9 Income above the schedule--Child support adjusted to appropriate level. 25-7-6.10 Factors considered for deviation from schedule. 25-7-6.11 Periodic adjustments in support. 25-7-6.12 Review and amendment of schedule. 25-7-6.13 Modification of prior orders of support. 25-…

For a combined net income above the schedule in § 25-7-6.2 , the child support obligation shall be established at an appropriate level, taking into account the actual needs and standard of living of the child. Source: SL 1989, ch 220 , § 9.

25-7-7.1 Continuation of duty to support. 25-7-7.2 Expenses incurred on child's behalf--Fee schedule. 25-7-7.3 Previously ordered support payments not subject to modification--Exception. 25-7-7.4 Unpaid payment or installment of support as judgment. 25-7-7.5 Filing of sworn state…

A parent's duty to support his child continues if the child is placed with the Department of Social Services for custody, for temporary guardianship, or for care and placement. Source: SL 1987, ch 189 , § 1.

The secretary of social services may, pursuant to chapter 1-26 , establish a fee schedule for all expenses incurred on a child's behalf while in the care of the department. Such fees may not exceed actual costs. Source: SL 1987, ch 189 , § 2.

Any previously ordered support payments that have become due, whether paid or unpaid, are not subject to modification by a court or administrative entity of this state, except those accruing in any period in which there is pending a petition for modification of the support obliga…

Any payment or installment of support under an order for support, as defined by § 25-7A-1 , whether entered by a court or an administrative entity of this state or of any other state or jurisdiction, which is unpaid after the date it is due, is a judgment by operation of law, wit…

In order to preserve such judgment against subsequent mortgages, purchasers, or judgment creditors for value and without actual notice of the lien on any property situated in a county, the support obligee or the secretary of the Department of Social Services may give notice of th…

If, at any time, unpaid child support arrearages exist, the court may order the support obligor to pay towards the arrearages such sums as are ordered by the court, in addition to any other remedies of the support obligee. Source: SL 2001, ch 133 , § 4.

If a presumed or legally determined father has a child support order and disestablishes his paternity pursuant to § 25-8-64 , the child support order is automatically terminated from entry of the disestablishment order. The disestablished father continues to be responsible for an…

A stepparent shall maintain his spouse's children born prior to their marriage and is responsible as a parent for their support and education suitable to his circumstances, but such responsibility shall not absolve the natural or adoptive parents of the children from any obligati…

Except as provided in § 25-5-18.1 , if a child, after attaining majority continues to serve and to be supported by the parent, neither party is entitled to compensation in the absence of an agreement therefor. Source: SDC 1939, § 14.0317; SL 1987, ch 192 .

Terms used in this chapter mean: (1) "Administrative order," a judgment or order of an agency of the executive branch of state government, or an agency of comparable jurisdiction of another state, ordering payment of a set or determinable amount of support money, or ordering with…

If the proceedings for enforcement of child support involve amendment of a previous support order as fixed by a decree of divorce, judgment in a paternity action or prior enforcement proceedings which have been held in any court in this state, the action shall be filed in the off…

The Department of Social Services or any support obligee may collect interest on the unpaid principal balance of a support debt or judgment for support at the Category D rate of interest as established in §

If any payor has income, deposits, accounts, or balances in excess of the amount of the debt claimed by the Department of Social Services or any support obligee, the payor may, without liability under this chapter, release the excess to the obligor. Source: SL 1982, ch 196 , § 15…

The secretary of social services may release and satisfy a lien on all or part of the property or income of the obligor or return seized property or income without liability, if assurance of payment is adequate, if the action facilitates the collection of the debt, or if the obli…

An agreement between parents or other responsible persons relieving a party of any duty of support or responsibility or purporting to settle past, present, or future support obligations as settlement or prepayment may not act to reduce or terminate any rights of the Department of…

The secretary of social services may request the cooperation of any public agency, as defined by subdivision 1-24-1(2) and public agencies shall cooperate in locating absent parents, in providing information about the income, resources, and property of a parent, and in providing …

The department is the designated public agency for the administration of this chapter. Source: SL 1986, ch 218 , § 44.

Any payment of public assistance made to or for the benefit of any dependent child creates a debt due to the state, by the person or persons who are responsible for support of the children, in an amount equal to the amount of public assistance money paid. If there is a court orde…

The department shall enforce the support obligation due to a spouse or former spouse who is living with the dependent child, but only if a spousal support obligation has been established by court order for the spouse or former spouse and the child support obligation is also being…

The secretary of social services may, in the absence of a court order, initiate an action pursuant to the provisions of this chapter to establish a current monthly child support obligation and obtain a judgment for arrearage which is due to an obligee who is not receiving public …

In any order establishment case, the custodian is limited to a prior-period support obligation or arrearage not exceeding three years before either the date of application with any Title IV-D agency, the date of filing with a court of competent jurisdiction, or the date of a writ…

If the support order was entered in this state and this state maintains continuing exclusive jurisdiction over the support order pursuant to chapter 25-9C , or if the support order was registered in this state and the requirements of § 25-9C-611 or 25-9C-613 are satisfied, an obl…

Upon entry or modification of any order for support, an order for withholding of income or property shall be entered, which shall take effect immediately, unless the obligor or obligee demonstrates, and the court finds, that there is good cause not to require immediate income wit…

If an order for support does not contain a provision for immediate withholding of income or property and an obligor becomes delinquent in any part of the payment of support obligations pursuant to the order for support, or an arrearage exists, the department shall prepare and ser…

The obligor may contest the order for withholding of income by filing a written request for administrative review with the department within ten days after service of the order. The grounds for contesting the withholding shall be limited to: (1) A dispute concerning the existence…

The Department of Social Services is a party in interest and is subrogated to the right of any dependent child or custodian to prosecute or maintain any support action or execute any administrative remedy existing under the laws of this state to obtain reimbursement of public mon…

Beginning October 1, 1998, the Department of Social Services is designated as the state child support case registry, and shall collect, maintain, update, and monitor child support enforcement records by use of an automated system, for all child support orders being enforced by th…

Beginning October 1, 1998, the Department of Social Services is designated as the state child support disbursement unit. The department shall use automated procedures for the collection and disbursement of child support payments for all support orders being enforced by the depart…

By October 1, 1997, the Department of Social Services shall establish a state directory of new hires. The department may enter into cooperative agreements with other state agencies to satisfy the provisions of this section. Effective October 1, 1997, every employer within the sta…

The department shall enter and serve the order for withholding on the payor, its superintendent, manager, or other agent, by certified mail, first class mail, personal delivery, or electronically in accordance with an agreement authorizing electronic service between the departmen…

The order for withholding shall direct any payor to withhold: (1) An amount equal to the order for support; and (2) An additional amount not less than ten percent of the order for support, until payment in full of any delinquency. Source: SL 1986, ch 218 , § 30.

The amount actually withheld for support and arrearage may not be in excess of fifty percent of wages, salaries, commissions, bonuses, compensation as an independent contractor, workers compensation, reemployment assistance or unemployment compensation, or disability benefits. Ho…