South Dakota Child Support Enforcement Transmittal #3 - Request for Assistance - Discovery and Instructions
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FAQ
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.
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 statute of limitations on enforcement of past due child support in South Dakota is 20 years from the date the support is due.
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.
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 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.
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.
