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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.
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.
When does the child support obligation stop? South Dakota law requires child support to be paid until age 18, or until the age of 19 or graduation if the child is a full-time student in a secondary school (high school), whichever occurs first. Example: Child turns 18 on January 15, 2022.
In South Dakota, the Circuit Court is the only entity that can modify a child support obligation. Either parent or a representative (e.g. grandparent, aunt, uncle, a person who has legal custody of a child) may file a petition to modify a 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.
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.