South Dakota Child Support Transmittal #2 - Subsequent Actions and Instructions
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How to fill out Child Support Transmittal #2 - Subsequent Actions And Instructions?
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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.
The statute of limitations on enforcement of past due child support in South Dakota is 20 years from the date the support is due.
Without 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.
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 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.
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.
South Dakota child custody laws don't prescribe a certain age when a child's preference may be considered. Judges have broad discretion when deciding how much weight to give the child's preference. In some South Dakota custody cases, judges have considered the well-reasoned preferences of children as young as 10.
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.
