South Dakota Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support
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FAQ
Hear this out loud PauseSouth Dakota Child support workers do have some discretion to negotiate a lump sum settlement of 75% of state-owed arrears. If the parents agree to a lump sum settlement for arrears owed to the family, DCS has a forgiveness of arrears form, which the parties can sign. The form is submitted to the court for approval.
The child support obligation is set by looking at the combined monthly net incomes of both parents. The amount a person paying support must pay is based on their proportionate share.
Either or both of the parties must apply to the court for such a change. The court will review the parties' financial documentation, as well as any other relevant facts. It will then apply the applicable law and will determine whether, and how much, a support order should change.
In South Dakota, the Circuit Court is the only entity with authority to modify a child support obligation. This is usually done in response to a petition filed by one of the parents. Either parent or a representative may file a petition to modify their child support order.
Hear this out loud PauseProof of abandonment or desertion of a child by a parent, or the omission by a parent to furnish necessary food, clothing, shelter, medical attendance, other remedial care, or other means of support for his child is prima facie evidence that the abandonment, desertion, or omission is intentional and without lawful ...
Hear this out loud PauseWithout a Court Order The combined monthly net incomes of both parents shall be used in determining the obligation and divided proportionately between the parents based on their respective net incomes. The noncustodial parent's proportionate share establishes the amount of the child support order.
The statute of limitations on enforcement of past due child support in South Dakota is 20 years from the date the support is due.
