South Dakota Child Support
How to apply for child support in South Dakota
South Dakota’s Division of Child Support was designed to help parents reach and establish an appropriate and binding financial agreement between them to support their shared children. The agency will also help parents enforce these orders when the other parent is not complying. You can contact the Division of Child Support office by calling 605-773-3641 or by making an in-person visit to a local office. Parents are required to pay a $5 fee and complete an application for child support services. Next, your application will be reviewed by the agency, and you will be contacted with further information about your request as soon as possible. Download Forms.
How to Calculate Child Support in South Dakota?
The amount of financial support the paying parent is obligated to meet is determined based on South Dakota child support laws, the combined net income of both parents and deviations based on the child’s needs.
How to claim and pay South Dakota child support?
The support can be paid to the South Dakota Division of Child Support electronically, by debit or credit card, through money orders or by check. Those receiving payments can choose to either have the money directly deposited into their bank account or deposited onto an electronic payment card. South Dakota uses the Conduent Way2Go MasterCard for the support payments.
Child Support Performance Stats for South Dakota
A recent federal report shows that South Dakota suffered the largest increase of unpaid child support in the nation over the last five years. The state’s overall amount of unpaid child support skyrocketed nearly 32 percent from 2012 to 2016.
Statistics for Regular On-Time Payments Collection
Other Incentive Performance Measures
| Performance Measures | 2012 | 2013 | 2014 | 2015 | 2016 |
|---|---|---|---|---|---|
| Statewide Paternity Establishment (%) | N/A | N/A | N/A | N/A | N/A |
| IV-D Paternity Establishment (%) | 108.95 | 106.39 | 106.16 | 110.98 | 110.58 |
| Support Order Establishment (%) | 92.6 | 93.05 | 93.3 | 92.26 | 92.11 |
| Cost-Effectiveness ($) | 12.05 | 11.57 | 11.08 | 10.78 | 10.69 |
Total Number of Children in the Child Support Program
Total Distributed Collections and Total Administrative Expenditures ($ Millions)
| 2012 | 2013 | 2014 | 2015 | 2016 | |
|---|---|---|---|---|---|
| Total Distributed Collections ($) | 86.28 | 88.86 | 90.76 | 92.27 | 91.9 |
| Total Distributed to Families ($) | 82.89 | 85.37 | 87.31 | 88.67 | 88.36 |
| Total Administrative Expenditures ($) | 7.79 | 8.34 | 8.88 | 9.24 | 9.27 |
Average Collections per Case with Collections
Can the support be paid off early?
It’s not advised that parents attempt to pay off their support early because circumstances may change, custodial arrangements may be altered or you may need to modify the support amount in the future.
What Will Happen if You fall Behind SD Child Support Payment?
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Seizing bank accounts
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Seizing federal income tax refunds
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Wage garnishment
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Revocation of licenses (drivers, recreational or professional)
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Reporting a failure to pay to credit agencies
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Liens on property
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Jail time (up to six months)
Can you get alimony and support at the same time?
In South Dakota, it is possible for custodial parents to receive both alimony support and support payments from their former spouse.
Can you stop the support payments?
The support payments should never be terminated unless your case has been closed with South Dakota’s Division of Child Support or the support obligation has ended.
SD Child Support
Child Support and Taxes
When parents decide to split up, tax season becomes more complicated. Federal law prohibits both parents from claiming the child as a dependent on their federal income tax returns. If parents can’t agree on who will claim the child, then South Dakota’s courts are likely to award the exemption to the custodial parent.
Can the support payments be claimed on taxes in South Dakota?
No, parents are not able to claim child support payments as a deduction on their income taxes in South Dakota.
How does my child support affect my taxes in South Dakota?
Similarly, the support payments can’t be claimed as income on federal income tax returns. These payments are considered neutral for tax purposes in the state.
Can child support be taken pre-tax?
No, the support is usually not taken pre-tax.
Can child support Take my federal tax return?
It is possible for your case to be submitted for a federal tax refund offset if your court-ordered support is more than $500 overdue.
Paternity Establishment in South Dakota
Establishing paternity involves legally defining a father and child’s relationship. While all children have a biological father, not all children have a legal father. Legal paternity comes with certain rights and responsibilities. Unless the parents were previously married when the child was born, parents seeking the support orders will need to establish paternity first.
How do you establish paternity?
Paternity may be automatic when the parents are married at the time of the child’s birth. Paternity may be voluntarily acknowledged through a Paternity Affidavit Form or involuntarily established through a court order.
What rights does a father have if not on the birth certificate?
If a father is not listed on the child’s birth certificate, then he won’t have any custodial or visitation rights until paternity is established. The father does have a right to seek a paternity hearing.
Can a mother refuse me paternity test?
A child’s mother can’t refuse a paternity test if the father petitions for a court-ordered test.
How to establish paternity if the father is deceased?
If the father is deceased, then paternity may only be established when the courts feel it is in the child’s best interests. Genetic testing can be done on the deceased parent’s family members, but there must be a solid reason for pursuing such an order.
Can a father get a paternity test without the mother?
Fathers have a right to petition the court for a paternity hearing. Courts may order a genetic test that doesn’t require the mother’s consent. It’s both within the child’s rights and best interest to have a legally established father.
How long does a father have to establish paternity in South Dakota?
An acknowledgment or affidavit of paternity (AOP) can be signed at the hospital within 72 hours of the child's birth, or at the local health department. Both the mother and the father must sign the affidavit. Within 60 days of the signing the affidavit, however, anyone who is entitled to file a paternity case can file a case and ask for genetic testing.
Support order establishment
Once paternity is established and custody arranged, courts will calculate an appropriate amount of financial support that the non-custodial parent will be obligated to give to the other parent. Once established, compliance regarding these support orders is mandatory. Failing to obey these legal documents can result in serious consequences.
State Child Support orders
South Dakota’s child support orders are meant to financially compensate the custodial parent for expenses related to the child’s basic needs. It is the father’s responsibility to financially share the costs of raising a child, and it is the child’s right to receive this support from their able-bodied parents.
Can the support be modified?
Yes, the support orders can be modified, but these changes must go through and be approved by South Dakota’s Circuit Court. This court is the only entity granted the authority to modify existing the support obligation orders.
Child support orders may be modified when the parent’s circumstances have substantially changed or it has been three or more years since the order was entered into.
How do I file for a modification of child support?
To file for a modification request, parents must fill out a Petition for Modification form and return it to the Division of Child Support. They will need to provide a financial statement, data regarding their child support order, a verification of their income and a copy of the most recent court order.
Can a support order appealed?
Support is only appealed in the most extreme circumstances such as when paternity has been incorrectly established.
Do you need a lawyer to modify the support?
A private lawyer is not necessary when requesting a modification of child support, but it is crucial that applicants ensure they file the proper paperwork to prevent having a request denied.
SD Child support Enforcement
How long does the support enforcement take?
Processing times are affected by things like whether or not paternity needs to be established and if a non-custodial parent can be located.
What to do when the support is not paid?
File an enforcement request with the court.
What Happens if I’m not paying Child support in SD?
The Division of Child Support can enforce court-ordered child support in a number of ways including wage garnishment, federal income tax withholding and restricting the non-paying parent’s licenses.
How much overdue child support payment can be considered a felony?
When back child support over $10,000 is owed or when the outstanding amount has been owed for over two years, the offense becomes a criminal felony.
Can the support debt be forgiven?
The support debt is rarely forgiven by courts because they see these financial obligations as the parent’s responsibility and the child’s right.
Support Order Termination
How do I stop a child support order?
A non-custodial parent may only terminate child support orders when they decide to give up their parental rights to the child and the mother is in agreement with the termination requests.
When Can I Apply for Child Support Termination?
The non-custodial parent is expected to financially support their child until they reach 18.
Can the custodial parent close a support case?
The custodial parent has a right to terminate the support services and close the case at any time.
What age does child support end in South Dakota?
The paying parent is obligated to continue paying for the support until the child has reached the age of majority and all child support debts are paid in full.
The age of majority in South Dakota is 18.
South Dakota hearing rights
Children, mothers and fathers are all provided the right to a paternity hearing, child support order hearing and a hearing for modification reviews on existing orders when circumstances have changed.
SD Child Support Laws & Guidelines
South Dakota’s Child Support Guidelines help courts determine an appropriate financial amount of support based on the number of children in need of support, the parent’s net income and custodial arrangements.
South Dakota Child Support Coverage
What is the support meant to cover?
The support was created to cover the basic expenses related to raising a child. The child’s needs, which are the parent’s responsibility, includes basic necessities like shelter, food, clothing, and educational supplies.
Does the Support Cover Medical Care Expenses?
Yes, courts consider medical insurance a reasonable cost so long as it is equal to or less than eight percent of the parent’s net income.
What if Both Parents are working, will the Support Cover child care services?
Childcare expenses would be considered a deviation from the basic support obligation, so it will need to be included by the court when calculating the support amount.
Are Car Maintenance Costs Covered by the Support?
Car maintenance costs are typically not included in the support orders, but these costs may be reasonably shared between parties if courts grant an exception.
What is Considered Basic Entertainment for the Support?
Basic entertainment is defined as a child’s access to age-appropriate activities for enjoyment purposes. Such costs may include access to the internet, television shows, trips to amusement parks or other similar activities.
Are College and school expenses Covered by the Support in South Dakota?
If the child is a full-time student in college, the parental support obligation may extend until the child turns 19-years-old.
Yes, the support payments are designed to cover basic school-related costs for the child until they graduate high school.
Are Extracurricular Activities covered by Support?
Usually, South Dakota courts will not take into account extracurricular activities when calculating a support payment amount, but exceptions can be made in some cases.
South Dakota Child Support Offices
| Institution name | Physical address | Email address | Phone number | Website |
|---|---|---|---|---|
| Child Support - South Dakota Department of Social Services | 700 Governors Drive | Pierre, SD | N/A | 605.773.4766 | https://dss.sd.gov/childsupport/ |
County Child Support Offices in SD
| County name | Institution name | Physical address | Email address | Phone number | Website |
|---|---|---|---|---|---|
| Aurora County | Davison County, SD Mitchell Child Support Office | 116 E. 11th Ave., Mitchell, SD 57301 | N/A | 1(605) 995-8000 | https://dss.sd.gov/childsupport/offices/ |
| Beadle County | Beadle County, SD Huron Child Support Office | 110 Third St. SW, Suite 200, Huron, SD 57350 | N/A | 1(605) 353-7100 | https://dss.sd.gov/childsupport/offices/ |
| Bennett County | Hughes County, SD Pierre Child Support Office | 912 East Sioux Avenue, Pierre, SD 57501 | N/A | 1(605) 773-3612 | https://dss.sd.gov/childsupport/offices/ |
Download Child support Forms for South Dakota
| Title | Number |
|---|---|
| Child Support Payment Authorization Form | SE-431A |
| Petition for Modification Form | SE-415 |
| Application and Agreement for Services - Custodial Parent and/or Caretaker | SE408CP |
| Application for Location Only Services | SE-406 |