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What is Child Support, and When does it Occur in South Dakota?

In South Dakota, the support of the children is deemed as the responsibility of both parents. However, the non-custodial parent generally must pay for child support. However, the state laws assume that the parent supplies the required amount for the child’s upkeep.

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

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  • The name of the person involved in the record, unless said person is a juvenile
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Third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability on third-party websites may vary.

What is South Dakota Child Support?

The South Dakota Child Support Division (DCSS) assists parents with children in forming a financial partnership that caters to their children’s welfare once they no longer are 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. The guidelines for this payment are handled by state government agencies such as the DSS (South Dakota Department for Social Services). When calculating the child support amount, the state utilizes the “income share” method. The method is designed to allow both the non-custodial and custodial parent to provide for their welfare.

The proportional share of the noncustodial parent 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 feeding, medicine, housing and so on. These expenses are divided and allocated to the child’s parents.

A child support order outlines:

  • The precise amount required for the wellbeing 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’ income. The other necessities such as school tuition, health care & insurance, and daycare (if applicable) could be included in the necessary fee.

Generally, child support payment in South Dakota stops when the individual marries, dies, or graduates from school. The support for a child ends once such a 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 every month as child support payment to cater for incidental, education, medical, clothing, housing and feeding costs. Certain factors are considered before the South Dakota Circuit Court can fix the amount paid as child support by the non-custodial parent. The state’s DCSS offers both a worksheet and child support calculator to enable interested persons to measure their share of child support. The calculator does not extend to cases in which shared/ joint custody is retained by the parents.

Joint custody occurs when the infant stays no less than 180 nights every calendar year with the custodial parent. Interested parties may use the shared parenting worksheet when calculating the child support in a joint custody contract.

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

How Do I Apply for Child Support in South Dakota?

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

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 as regards 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 can get out of making child support payments when the child becomes 18 years and above. This also applies when the child - a student in high school - reaches 19 years of age. However, parents should note that they would still be made to account for any child support payment owed to the custodial parent even after 18 or 19.

Inasmuch as parents cannot get out of child support legally, they can seek a child support modification based on changing circumstances. Interested individuals will have to file a petition with the court to amend the child support order. Then the court will decide if a change is justified.

A support order issued on 1 July 2017 or later can be changed if it has been 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 fulfil 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, drivers license

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

To get back child support payments owed by defaulting parents, individuals can request assistance from the state’s child support division (DCSS). Requesters will have 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 owed amount of back child support, the more serious the possible penalties.

Alternatively, interested persons can file a contempt action themselves (but advisable through a lawyer).

The requester will be required to file a petition termed as “Order to Show Cause”, with a local court.

Are there South Dakota Statutes of Limitation on Child Support?

Yes, in South Dakota, the statute of limitations on prosecution of late child support payments is twenty years after the date the money is payable.

Despite this lengthy time limit, the courts endeavour to discourage unreasonable delay of payments.

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