What is Child Support And When Does It Occur In South Dakota?

In South Dakota, child support is deemed the responsibility of both parents. However, the non-custodial parent is typically required to pay child support. State laws assume that the parent supplies the amount necessary for the child’s upkeep.

Child support is a payment plan that requires the non-custodial parent to financially support the children. The South Dakota court determines the amount needed from each parent based on the time and income dedicated to the child. The South Dakota Child Support Guidelines set a foundational child support estimate for the parents. This is a simple fee schedule. However, the final fee ordered by the court might differ. Specific factors generally determine the final child support amount. 

Records that are considered public may also be accessible from some third-party websites. Aggregate sites are generally a convenient alternative for inquirers searching for multiple records across several US districts. To search these databases, however, users are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused

Third-party sites are operated independently of government sources. Consequently, the validity and accuracy of the information provided by these sites may not be guaranteed.

What is South Dakota Child Support?

The South Dakota Child Support Division (DCSS) assists parents with children in forming a financial partnership that will cater to their children’s welfare once they are no longer together.

South Dakota child support payments are ongoing payments from a non-custodial parent to the custodian to assist with the child’s living expenses. State government agencies such as the DSS (South Dakota Department for Social Services) handle the guidelines for this payment. The state utilizes the “income share” method when calculating the child support amount. The technique allows both the non-custodial and custodial parent to provide for their welfare.

The proportional share of the noncustodial parent typically determines the sum for the child support.

The state’s child support system accounts for parents sharing child custody. The South Dakota child support system also caters to certain unique instances, including college costs, specific medical costs, and so on.

What Does Child Support Cover in South Dakota?

A South Dakota child support order covers the child’s living expenses, such as food, medicine, housing, etc. These expenses are usually divided and allocated to the child’s parents.

A child support order outlines:

• The precise amount required for the well-being of the child
• Who pays the money, and how much

These monies may be deposited to non-parents who are custodians of the child. However, only the parents are forced to make these payments. The parenting plan from the court determines how the parents spend time with their child. The child support guideline also outlines how the support should be divided.

The state’s guidelines lay out the necessary expenses (time and money) according to both parents’ incomes. The amount may cover other necessities such as school tuition, health care, insurance, and daycare (if applicable).

Generally, child support payment in South Dakota stops when the individual marries, dies, or graduates from school. It may also end when the child becomes emancipated legally.

What Is The Average Child Support Payment in South Dakota?

Generally, the average single parent with a child gets around $287 monthly as child support payment for incidental, education, medical, clothing, housing, and feeding costs. Certain factors are usually considered before the South Dakota Circuit Court fixes the amount paid as child support by the non-custodial parent. The state’s DCSS offers both a worksheet and a child support calculator to enable interested persons to measure their share of child support. The calculator does not typically extend to parents who retain shared/joint custody.

Joint custody occurs when the infant stays with the custodial parent for at least 180 nights every calendar year. Interested parties may use the shared parenting worksheet to calculate child support in a joint custody contract.

Cases where the parents of multiple children consent to or are ordered to a “split” custody agreement also exist. In this instance, a parent may retain full custody of some of the children while the other parent takes full charge of the others. In this case, each parent may theoretically pay for the support of the other children.

How Do I Apply for Child Support in South Dakota?

Individuals who do not receive support for child care expenses can petition for child support by calling 605 773–3641 or visiting any office of the Child Support Division. Requesters are typically required to complete an application form and pay a $5 fee.

Also, requesters may hire a legal advisor’s services on the subject matter to assist with the petition for adequate child support.

The state’s child care division offers services to any parent with lawful custody of a minor. Services are also provided to single fathers needing assistance regarding determining child support or paternity. Below are the services provided by this division:

• Finding noncustodial parents
• Determining paternity
• Modifying and setting child support orders
• Establishing medical support orders
• Enforcing all orders
• Enforcing alimony (where applicable)
• Processing & collecting support payments

How Do I Get Out of Paying Child Support in South Dakota?

South Dakotan parents may cease making child support payments when the child is 18 or older. This also applies when the child—a student in high school—reaches 19 years of age. However, parents may still be required to account for any child support payment owed to the custodial parent even after 18 or 19.

Although parents cannot legally get out of child support, they may seek a modification based on changing circumstances. Interested individuals are typically required to petition the court to amend the child support order. The court may then decide if a change is justified.

A support order issued on 1 July 2017 or later may be changed if it was entered three years or more from the date of filing the petition. This is also possible if there’s proof of a significant change in circumstances since the order was issued. The loss of a career is a frequent change in circumstances. However, it may also be life events, such as a newborn child or a difference in the time spent with the children.

What is Back Child Support in South Dakota?

In South Dakota, back child support is money disbursed to the custodial parent by a parent who does not fulfill the child support order by the Circuit Court. There are various penalties outlined in the South Dakota child support laws to punish persons who default or fail to obey the order, such as:

• Deny/refuse passport applications
• Intercept their tax refunds
• Seize their assets in the care of any financial institutions
• Report the defaulter to the credit agencies
• Restrict or seize the defaulting parent’s professional licenses, such as hunting, fishing, driver's license

How Do I Get Back Child Support Paid in South Dakota?

Individuals may request assistance from the state’s child support division (DCSS) to get back child support payments owed by defaulting parents. Requesters are required to pay the $5 application fee to get the DCSS involved, although most persons qualify for a fee waiver.

Defaulting parents may face serious consequences, including jail time. The higher the amount of child support owed, the more serious the possible penalties.

Alternatively, interested persons may file a contempt action themselves (but petitioners are generally advised to do so through a lawyer).

The requester may be required to file a petition with a local court titled “Order to Show Cause”.

Are There South Dakota Statutes of Limitation on Child Support?

Yes, in South Dakota, the statute of limitations on prosecuting late child support payments is 20 years from the date the money is payable. Despite this lengthy time limit, the courts endeavour to discourage unreasonable delay of payments.