This form is used to justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
South Dakota Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support
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Multi-State
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US-00800BG
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How to fill out Motion To Modify Or Amend Divorce Decree To Provide For Increase In Amount Of Child Support?
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FAQ
The statute of limitations on enforcement of past due child support in South Dakota is 20 years from the date the support is due.
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.
If there are child support arrears owed, there may be other enforcement actions taken such as restriction of driver, professional, hunting and/or fishing license(s); credit bureau reporting; IRS tax offset; referral to court for nonpayment; and passport denial.
The statute of limitations on enforcement of past due child support in South Dakota is 20 years from the date the support is due.
South 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.
Child support in South Dakota is calculated using a formula that takes into account the income of both parents, the number of children, and the amount of time each parent spends with the children. The amount of child support that is ordered will depend on the specific circumstances of each case.
If a noncustodial parent owes past due child support, DCS may withhold or intercept periodic or lump sum payments the noncustodial parent receives from state or local agencies, including unemployment insurance, workers' compensation and lottery winnings.