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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.
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.
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.
How do I modify child custody in South Dakota? 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 statute of limitations on enforcement of past due child support in South Dakota is 20 years from the date the support is due.
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.
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.
An order made after July 1, 2022 may only be modified if: It was entered three years or more before submitting a petition for modification; or. A substantial change in circumstances has occurred since the order was entered.