South Dakota Child Support

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Regulation of child support is a significant aspect of divorce. Earlier parents used to determine the support amount amongst themselves. It had been observed that many parents were unwilling to disburse this amount. As a result, the number of single parent taking care of their children solely increased. This was a common scenario in the USA some decades ago. Now child support agencies are formed under the combined initiative of state and federal governments. Every state in the USA has different support rules. South Dakota is not an exception. South Dakota child support guidelines are formed with the goal of fostering financial partnership between divorced parents and fulfilling the requirements of their children.

In South Dakota, the support amount is found out by considering various factors such as:

  • Educational and health care costs of the child-support
  • Financial resources and assets of each parent
  • Unreimbursed business expenses incurred by a parent
  • Any financial obligation to other children's
  • Taxes
  • Any contribution made to an IRS retirement plan
  • Any spousal or child maintenance expenses

Continuation of support order

The child maintenance amount has to be continued until the child reaches the age of 18. If the child is 19 and studying in high school, the support amount may be extended.

Child maintenance calculator

In South Dakota, a worksheet or calculator is used to determine an approximate amount for the support. This calculator is based on the state specific guidelines and provides a maintenance amount for a combined monthly net income up to $20,000.

Action required for obtaining an order

When one parent attempts to obtain a child maintenance order, the Division of Child Support has to inform the non custodial parent (NCP) about this attempt. If the NCP cannot be found, the State Parent Locator Service is used. If the custodial parent reveals data regarding the former addresses, arrest records, relatives, friends and work history of the NCP to the Division, it proves to be quite helpful to tract the NCP. The other methods that are executed are as follows:

  • National Directory of New Hire Reporting
  • The Federal Case Registry

Making an application for South Dakota Divorce Child Support services

  • Let us consider those parents who are not getting public assistance. These should contact the Division of Child Support office and submit an application form for relevant services. They have to pay an application fee (5 USD in 2009).
  • Let us ponder about those parents who are getting public assistance i.e. Title IV-E foster care, Medicaid or TANF. If such a parent is the custodian of a minor child and the other parent does not reside in this parent's house, then such a parent is automatically referred to child maintenance services. There is no need to submit any application or pay any fees. In future, if the public assistance is stopped, still child maintenance services are continued
  • It is better to contact the child support services and confirm the fees required to apply for certain services. Here we are giving you a basic idea of the fees:
    • If the parent making an application desires only 'income withholding services', then a fee of 25 USD is levied.
    • In order to locate a non custodial parent in parental kidnapping cases or child custody, there is a fee of 50 USD.
    • For 'location only' services, the custodial parent, agent, lawyer, guardian or caretaker is charged 20 USD.

Process of obtaining a South Dakota Divorce Child Support order

  • The NCP is located.
  • The Division of Child Support serves the NCP with a Notice of Support Debt. By this method, the Division advises the NCP regarding his/her responsibility of disbursing support.
  • It is expected that the NCP responds to this notice and submits a financial statement.
  • In some cases, the NCP does not contest the amount of support. Then, the support orders can be obtained within 30 to 60 days after the date of service of the notice.
  • In other cases, the NCP does not accede to the amount of support and requests a hearing. Then, 3 to 6 months are essential to obtain the support order.

The court finds out the combined net monthly income of both parents to find out the support amount. This amount is divided between the parents in the ratio of their incomes.

Enforcement Measures

The Division of Child Support employs the following remedies for collection of South Dakota divorce child subsidy amounts when the non-custodial parent fails to abide by the support order:

  • Show-cause Hearings
  • Tax refund intercept
  • Passport Denial
  • Restriction on Fishing, Hunting, Professional and Driver's Licenses
  • Credit Bureau reporting
  • New Hire Reporting
  • Auto withdrawal of income
  • Income withholding
  • Interception of unemployment benefits

There are 8 field support offices in South Dakota located in Rapid City, Huron, Pierre, Aberdeen, Sioux Falls, Yankton, Watertown and Mitchell. You must contact your nearest office to apply for child support services.

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