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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 form is submitted to the court for approval.
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.
That does not mean spouses cannot enter into agreements waiving child support obligations. However, anyone entering into such an agreement should do so cautiously and with the understanding that child support is always open for review by the courts.
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.
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 court generally orders the noncustodial parent to provide support. The court sets the amount of child support and medical support a parent must provide.
The Division of Child Support is divided into eight field offices. If you wish to apply for Child Support services, contact the Division of Child Support at 605.773. 3641 or visit your nearest office below.