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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.
The statute of limitations on enforcement of past due child support in South Dakota is 20 years from the date the support is due.
A satisfaction of judgment is a document signed by a judgment creditor and generally filed with the court, indicating that a judgment has been paid in full.
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.
If the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served ...
Parents that remain delinquent on their child support payments may face serious penalties, up to and including jail time. The more back child support owed, the more severe the consequences will likely be. Below are a few of the most common ways for custodial parents to enforce child support orders and collect payments.
DCS may refer cases to a prosecutor for show cause hearings when a noncustodial parent has not paid any child support for a period of time. The court may find a noncustodial parent in contempt of court if he or she has the ability to pay but is willfully not paying the child support obligation.