S.D. Codified Laws § 25-4-45.6 — SD Code / Title 25 / Chapter 4 / Section 25-4-45.6
Consideration of conviction for death of other parent in custody award
Status: in_force

In awarding custody or granting rights of visitation involving a minor, the court shall consider a conviction, excluding vehicular homicide, of a parent for the death of the other parent. A conviction for the death of the other parent creates a rebuttable presumption that awarding custody or granting visitation to the convicted parent is not in the best interests of the minor.

Source: SL 1997, ch 156, § 2.
S.D. Codified Laws § 25-4B-502 — SD Code / Title 25 / Chapter 4B / Section 25-4B-502
Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).

Source: SL 2014, ch 123, § 29.
S.D. Codified Laws § 25-5A-26 — SD Code / Title 25 / Chapter 5A / Section 25-5A-26
Termination of parental rights--Validated--Limitation on claims
Status: in_force

Except in any case involving fraud, any proceeding for the termination of parental rights commenced by a parent under chapter 25-5A is in all things legalized, cured, and validated two years after the proceeding is finalized. If any person has a claim or right arising from the termination of parental rights finalized, that person shall initiate any action to enforce such right or claim no later than two years of the date when the proceeding is finalized.

Source: SL 1994, ch 198; SL 2000, ch 116, § 1.
S.D. Codified Laws § 25-5A-29 — SD Code / Title 25 / Chapter 5A / Section 25-5A-29
Surrender of newborn--Termination of parental rights--Ward
Status: in_force

Fourteen days after a parent surrenders a newborn to an emergency services provider or a licensed child placement agency, as provided in § 25-5A-27 :

(1) The parent's rights with respect to the newborn are terminated; and

(2) The legal and physical custody of the newborn is assumed:

(a) By the state; or

(b) By the licensed child placement agency, if the newborn was surrendered to an agency.

Source: SL 2001, ch 132, § 3; SL 2025, ch 107, § 4.
S.D. Codified Laws § 25-10-42 — SD Code / Title 25 / Chapter 10 / Section 25-10-42
Convicted child abuser or sex offender barred from adopting child
Status: in_force

No child may be placed for adoption with an individual who has been convicted of child abuse pursuant to chapter 26-10 or a sex offense pursuant to chapter 22-22 .

Source: SL 2002, ch 116, § 5.
S.D. Codified Laws § 25-9C-303 — SD Code / Title 25 / Chapter 9C / Section 25-9C-303
Application of law of state
Status: in_force

Except as otherwise provided in this chapter, a responding tribunal of this state shall:

(1) Apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and

(2) Determine the duty of support and the amount payable in accordance with the law and support guidelines of this state.

Source: SL 2015, ch 148, § 303.
S.D. Codified Laws § 25-10-5.4 — SD Code / Title 25 / Chapter 10 / Section 25-10-5.4
Petition for protection order--Denial after hearing--Sealing of court file upon finding--Notice to law enforcement
Status: in_force

If the court denies a petition filed pursuant to § 25-10-3 without a hearing held pursuant to § 25-10-4 , the court must seal the case upon a finding on the record that the petition was filed with no basis in fact or law and was harassing, frivolous, or abusive in nature.

The court shall notify law enforcement of any sealing order issued pursuant to this section. Upon notification, law enforcement must make any record of the petition nonpublic.

Source: SL 2026, ch 102, § 4.
S.D. Codified Laws § 25-4A-15 — SD Code / Title 25 / Chapter 4A / Section 25-4A-15
Attorney fees and costs
Status: in_force

The court may order either party to pay attorney fees and costs in an action filed under §§ 25-4A-9 to 25-4A-16 , inclusive, in accordance with § 15-17-38 or any other applicable statute.

Source: SL 2002, ch 125, § 7.
S.D. Codified Laws § 25-7-6.23 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.23
Offset of support obligation when each parent has primary physical custody of at least one child--Computation--Assistance from department
Status: in_force

If the parents have two or more children between them and each parent has primary physical custody of at least one child, the child support obligation shall be determined by computing the amount of each parent's respective support obligation for the children in the other parent's physical custody, and the support obligations shall be offset in determining a monthly support obligation. If one or more of the children are receiving assistance from the department as provided in § 28-7A-7 , and in lieu of the offset, each parent shall be obligated to pay the respective support obligation amount to the other parent.

Source: SL 2005, ch 134, § 6.
S.D. Codified Laws § 25-2-15 — SD Code / Title 25 / Chapter 2 / Section 25-2-15
Spouse's power to sue
Status: in_force

For any injury to his or her reputation, person, or property, a person may sue in his or her own name without joining his or her spouse as a party plaintiff. Actions founded upon a person's separate contracts or torts or relating to his or her individual property may be brought without joining his or her spouse as a party defendant.

Source: SDC 1939, § 14.0207; SL 1984, ch 12, § 44.
S.D. Codified Laws § 25-7-6.29 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.29
Written finding for establishment or modification of child support order--Best interest of child
Status: in_force

A written finding for the establishment or modification of a child support order that the application of the child support schedule in § 25-7-6.2 would be unjust or inappropriate in a case is sufficient to rebut the presumption in that case. The best interest of the child must be taken into consideration. Findings to rebut application of the child support schedule must state the amount of support that would have been required under the schedule and include a justification of why the order deviates from the schedule.

Source: SL 2022, ch 81, § 8.
S.D. Codified Laws § 25-8-5 — SD Code / Title 25 / Chapter 8 / Section 25-8-5
Custodian's recovery of support from noncustodian--Period support recoverable
Status: in_force

The custodian may recover support for a period of three years before the date of application with any Title IV-D agency, the date of filing with a court of competent jurisdiction, or the date of a written demand served personally or by registered or certified mail, return receipt requested, upon the noncustodial parent at the noncustodial parent's last known address, whichever occurs earlier.

Source: SDC 1939 & Supp 1960, § 37.2102; SL 1984, ch 190, § 5; SL 2005, ch 134, § 13; SL 2013, ch 119, § 14.
S.D. Codified Laws § 25-5-12 — SD Code / Title 25 / Chapter 5 / Section 25-5-12
Relinquishment of child control and earnings--Abandonment by parent
Status: in_force

The parent, whether solvent or insolvent, may relinquish to the child the right of controlling him and receiving his earnings. Abandonment by the parent is presumptive evidence of such relinquishment.

Source: SDC 1939, § 14.0319.
S.D. Codified Laws § 25-4-71 — SD Code / Title 25 / Chapter 4 / Section 25-4-71
Attorney and parenting coordinator fees related to motion
Status: in_force

The court may award attorney fees and allocate the fees of the parenting coordinator related to any motion of the parties.

Source: SL 2013, ch 268, § 8 (Supreme Court Rule 13-07), eff. July 1, 2013.
S.D. Codified Laws § 25-4-17.1 — SD Code / Title 25 / Chapter 4 / Section 25-4-17.1
Irreconcilable differences defined
Status: in_force

Irreconcilable differences are those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.

Source: SL 1985, ch 207, § 1.
S.D. Codified Laws § 25-1-28.1 — SD Code / Title 25 / Chapter 1 / Section 25-1-28.1
Distribution of HIV educational material before license issued
Status: in_force

At the time the application for a marriage license is filed, the register of deeds shall distribute to each applicant educational materials prepared and provided at no cost to the counties by the Department of Health on topics related to sexually transmitted disease, HIV transmission, and prenatal care. The information shall include a list of locations where counseling and testing services are available.

Source: SL 1993, ch 193.
S.D. Codified Laws § 25-9C-712 — SD Code / Title 25 / Chapter 9C / Section 25-9C-712
Personal information--Limit on use
Status: in_force

Personal information gathered or transmitted under this article may be used only for the purposes for which it was gathered or transmitted.

Source: SL 2015, ch 148, § 712.
S.D. Codified Laws § 25-9C-713 — SD Code / Title 25 / Chapter 9C / Section 25-9C-713
Record in original language--English translation
Status: in_force

A record filed with a tribunal of this state under this Article must be in the original language and, if not in English, must be accompanied by an English translation.

Source: SL 2015, ch 148, § 713.
S.D. Codified Laws § 25-9C-310 — SD Code / Title 25 / Chapter 9C / Section 25-9C-310
Duties of state information agency
Status: in_force

(a) The Department of Social Services is the state information agency pursuant to this chapter.

(b) The state information agency shall:

(1) Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state;

(2) Maintain a register of names and addresses of tribunals and support enforcement agencies received from other states;

(3) Forward to the appropriate tribunal in the county in this state in which the obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding pursuant to this chapter received from another state or a foreign country; and

(4) Obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security.

Source: SL 2015, ch 148, § 310.
S.D. Codified Laws § 25-4-68 — SD Code / Title 25 / Chapter 4 / Section 25-4-68
Term of parenting coordinator--Resignation--Discharge
Status: in_force

The term of the parenting coordinator will be designated in the order of appointment. The parenting coordinator may resign upon notice to the parties and the court. Absent an order of the court, one or both parties cannot discharge a parenting coordinator. The court may terminate the service of the parenting coordinator at any time.

Source: SL 2013, ch 268, § 5 (Supreme Court Rule 13-07), eff. July 1, 2013.
S.D. Codified Laws § 25-7-7.7 — SD Code / Title 25 / Chapter 7 / Section 25-7-7.7
Termination of child support order upon disestablishment of paternity
Status: in_force

If a presumed or legally determined father has a child support order and disestablishes his paternity pursuant to § 25-8-64 , the child support order is automatically terminated from entry of the disestablishment order. The disestablished father continues to be responsible for any child support that accrued prior to the date of entry of the disestablishment order. However, nothing in this section precludes the disestablished father from bringing a separate cause of action for recovery of previously ordered child support.

Source: SL 2013, ch 119, § 4.
S.D. Codified Laws § 25-10-30 — SD Code / Title 25 / Chapter 10 / Section 25-10-30
Promulgation of rules
Status: in_force

The Department of Public Safety shall promulgate rules pursuant to chapter 1-26 to:

(1) Establish minimum qualifications of sexual assault or domestic violence shelters or service programs; and

(2) Evaluate the programs and services provided by sexual assault or domestic violence shelters or service programs.

Source: SL 1989, ch 223, § 6; SL 1990, ch 189, § 6; SL 1991, ch 214, § 6; SL 1994, ch 212, § 2; SL 2011, ch 132, § 4; SL 2018, ch 145, § 4.
S.D. Codified Laws § 25-5A-7.4 — SD Code / Title 25 / Chapter 5A / Section 25-5A-7.4
Violation of medical and social history provisions as misdemeanor involving moral turpitude
Status: in_force

Any violation of § 25-5A-7.2 shall be a Class 1 misdemeanor and shall be considered a misdemeanor involving moral turpitude.

Source: SL 1977, ch 205, § 6.
S.D. Codified Laws § 25-8-59 — SD Code / Title 25 / Chapter 8 / Section 25-8-59
Actions contesting rebuttable presumption of paternity
Status: in_force

Any action contesting a rebuttable presumption of paternity as established by §§ 25-8-50 to 25-8-58 , inclusive, shall be commenced in circuit court either sixty days after the creation of the presumption of paternity or the date of any administrative or judicial proceedings relating to the child including proceedings to establish a support obligation in accordance with § 25-8-52 , whichever occurs earlier, except in a case where there are allegations of fraud, duress, or material mistake of fact. In a case involving allegations of fraud, duress, or material mistake of fact, any action contesting a rebuttable presumption of paternity shall be commenced within three years after the creation of any presumption. The burden of proof shall be upon the moving party and the payment of child support, or any other legal responsibilities of the parties, may not be suspended during the pendency of the proceedings, except upon a showing of good cause by the moving party. This section does not apply to any proceeding under § 25-8-64 .

Source: SL 1994, ch 204, § 11; SL 1997, ch 155, § 34; SL 1998, ch 157, § 11; SL 2018, ch 163, § 1.
S.D. Codified Laws § 25-4-78 — SD Code / Title 25 / Chapter 4 / Section 25-4-78
Attorneys fees for motion for omitted assets
Status: in_force

The court may award attorney fees for a motion for inadvertently omitted assets filed pursuant to §§ 25-4-75 to 25-4-83 , inclusive. The court shall award attorney fees to the moving party if the court finds the omitted assets were intentionally concealed by the nonmoving party or the nonmoving party's agent.

Source: SL 2013, ch 118, § 4.
S.D. Codified Laws § 25-4-61 — SD Code / Title 25 / Chapter 4 / Section 25-4-61
Written mediated agreement--Signing--Court approval
Status: in_force

The mediator shall reduce to writing any agreement of the parties. The mediator shall inform the parties of their right to review the agreement with counsel before they sign the agreement. After the agreement is signed by the parties, the mediator shall present the agreement to the court. The agreement is not binding upon the parties until approved by order of the court.

Source: SL 1996, ch 163, § 5.
S.D. Codified Laws § 25-5-19 — SD Code / Title 25 / Chapter 5 / Section 25-5-19
Emancipation by express agreement--Approval of circuit court
Status: in_force

Emancipation is express when it is by agreement of both parents if living, and if not, the surviving parent and the child. Any such express agreement of emancipation shall be presented to the circuit court of the county in which the child resides for approval. The court shall issue a declaration of emancipation if it finds the emancipation would not be contrary to the child's best interest. The declaration of emancipation and a copy of the agreement shall be filed by the clerk of courts.

Source: SDC 1939, § 14.0308 (4); SL 1991, ch 211, § 9.
S.D. Codified Laws § 25-7-7.6 — SD Code / Title 25 / Chapter 7 / Section 25-7-7.6
Court may order payment of arrearages
Status: in_force

If, at any time, unpaid child support arrearages exist, the court may order the support obligor to pay towards the arrearages such sums as are ordered by the court, in addition to any other remedies of the support obligee.

Source: SL 2001, ch 133, § 4.
S.D. Codified Laws § 25-6A-3 — SD Code / Title 25 / Chapter 6A / Section 25-6A-3
Participation by Department of Social Services
Status: in_force

The Department of Social Services may develop, participate in the development of, negotiate, and enter into one or more interstate compacts on behalf of this state with other states to implement the purposes set forth in this chapter.

Source: SL 1990, ch 187, § 1.
S.D. Codified Laws § 25-4A-28 — SD Code / Title 25 / Chapter 4A / Section 25-4A-28
Parenting time enforcement form on Unified Judicial System website
Status: in_force

The Unified Judicial System shall develop and maintain the form on its website labeled, parenting time enforcement. The form shall include the following information:

(1) The court case number;

(2) The name of the custodial parent and the name of the noncustodial parent;

(3) The name and date of birth of each child;

(4) The reasons for the petition, including the last date of visitation and number of visitations in the last twelve months; and

(5) The petitioner's contact information.

Source: SL 2018, ch 155, § 4.
S.D. Codified Laws § 25-4A-36 — SD Code / Title 25 / Chapter 4A / Section 25-4A-36
Qualifications of custody evaluator
Status: in_force

(1) File an approved application on the prescribed form with the presiding judge for the circuit in which the evaluator will provide custody and parenting time evaluation services;

(2) Have a general knowledge of the South Dakota court system and its procedures in family matters;

(3) Have a general knowledge of South Dakota family law, especially as applied to custody and parenting time issues;

(4) Have a minimum of four hours of domestic violence training focusing upon the impact it has on parents and children exposed to violence;

(5) Have a minimum of forty hours custody evaluation training with competence in the following areas:

(a) Definition of the purpose and roles of the child custody evaluator;

(b) Child development and the impact of parenting practices and other influences on children’s development;

(c) The impact of parental separation, divorce, family restructuring, and interparent conflict on children, adults, and families;

(d) Family violence patterns and coercive controlling behaviors, the connection between intimate partner violence and child maltreatment, and the effects of exposure to family violence and coercively controlling behaviors on children;

(e) Parent-child contact problems and resist-refuse dynamics, including parental alienating behaviors, compromised parenting and child maltreatment;

(f) Child and adult psycho-pathology, including mental health disorders, learning disorders, and developmental disorders;

(g) Child maltreatment, including child neglect and physical, psychological, and sexual child abuse, the connection between child maltreatment and other adverse childhood experiences, and factors associated with resiliency from trauma and adversity;

(h) Impact of relocation on children, adults, and families;

(i) Resources available in the state to which the parties and the children can be referred for assistance;

(j) Review of cultural considerations, bias, and ethical issues;

(k) Utilization of psychological testing;

(l) Updates on the current research;

(m) Developmentally appropriate and empirically informed parenting plans, long distance parenting plans, methods of facilitating transitions between homes, and communication and information exchange;

(n) Interviewing, record keeping, use of technology and problem-solving techniques applicable to the family setting;

(o) Evidence-informed methods for interviewing adults and children, observing parent-child interactions, applying balanced procedures, maintaining objectivity, and interpreting data;

(p) Recognizing the limits of reliability and validity of various sources of information; and

(q) Best practices for report writing and testifying;

(6) Committed to, and participate in, at least forty hours of continuing education courses focused on the areas outlined in subdivision 5 of this section every two years;

(7) Be an attorney who is licensed to practice law in South Dakota; a psychologist who is licensed to practice in South Dakota; a psychiatrist who is licensed to practice in South Dakota; or any other South Dakota-licensed or certified professional with a master’s degree or higher in social work, psychology, child development, counseling or behavioral sciences or a closely related field relevant to the duties of a custody evaluator; and

(8) Have at least twenty-four months of professional experience working with families as outlined in subsection 7.

Commission Note: By order dated June 3, 2026, the Supreme Court delayed the effective date of Rule 26-07 from July 1, 2026, to December 31, 2026.

Source: SL 2026, ch 248 (Supreme Court Rule 26-07), eff. Dec. 31, 2026.
S.D. Codified Laws § 25-2-18 — SD Code / Title 25 / Chapter 2 / Section 25-2-18
Content
Status: in_force

(a) Parties to a premarital agreement may contract with respect to:

(1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;

(2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;

(3) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;

(4) The making of a will, trust, or other arrangement to carry out the provisions of the agreement;

(5) The ownership rights in and disposition of the death benefit from a life insurance policy;

(6) The choice of law governing the construction of the agreement; and

(7) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

(b) The right of a child to support may not be adversely affected by a premarital agreement.

Source: SL 1989, ch 216, § 3.
S.D. Codified Laws § 25-1-15 — SD Code / Title 25 / Chapter 1 / Section 25-1-15
Unlawful issuance of license as misdemeanor
Status: in_force

Any register of deeds who grants a marriage license contrary to the provisions of this title is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 14.9902; SL 1974, ch 55, § 26; SL 1988, ch 202, § 5.
S.D. Codified Laws § 25-6-15 — SD Code / Title 25 / Chapter 6 / Section 25-6-15
Access to court adoption records restricted--Notice of hearing to department or adoption agency--Disclosure not contested nor supported
Status: in_force

The files and records of the court in an adoption proceeding are not open to inspection or copy except:

(1) By the parents by adoption and their attorneys, representatives of the Department of Social Services, and the child upon reaching age eighteen, upon written request and proper proof of identification; or

(2) Upon order of the court expressly permitting inspection or copy.

The court may not order disclosure of any matter appearing in adoption records unless the Department of Social Services or the licensed adoption agency has received notice of the petition for disclosure of such information and of the date fixed for hearing the petition. The Department of Social Services or the licensed adoption agency shall neither contest nor support the petition for disclosure during its hearing.

Source: SL 1939, ch 168, § 11; SDC Supp 1960, § 55.3716; SL 1985, ch 208, § 4; SL 1986, ch 214, § 1; SL 1986, ch 215; SL 2023, ch 83, § 1.
S.D. Codified Laws § 25-7A-10.1 — SD Code / Title 25 / Chapter 7A / Section 25-7A-10.1
Filing of action involving previous support order
Status: in_force

If the proceedings for enforcement of child support involve amendment of a previous support order as fixed by a decree of divorce, judgment in a paternity action or prior enforcement proceedings which have been held in any court in this state, the action shall be filed in the office of the clerk of the circuit court for the county in which such previous order was entered.

Source: SL 1989, ch 175, § 10.
S.D. Codified Laws § 25-9C-207 — SD Code / Title 25 / Chapter 9C / Section 25-9C-207
Determination of controlling child support order
Status: in_force

(a) If a proceeding is brought pursuant to this chapter and only one tribunal has issued a child support order, the order of that tribunal controls and must be recognized.

(b) If a proceeding is brought pursuant to this chapter, and two or more child support orders have been issued by tribunals of this state, another state, or a foreign country with regard to the same obligor and same child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized:

(1) If only one of the tribunals would have continuing, exclusive jurisdiction pursuant to this chapter, the order of that tribunal controls;

(2) If more than one of the tribunals would have continuing, exclusive jurisdiction pursuant to this chapter:

(a) An order issued by a tribunal in the current home state of the child controls; or

(b) If an order has not been issued in the current home state of the child, the order most recently issued controls;

(3) If none of the tribunals would have continuing, exclusive jurisdiction pursuant to this chapter, the tribunal of this state shall issue a child support order, which controls.

(c) If two or more child support orders have been issued for the same obligor and same child, upon request of a party who is an individual or that is a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (b). The request may be filed with a registration for enforcement or registration for modification pursuant to Article 6, or may be filed as a separate proceeding.

(d) A request to determine which is the controlling order must be accompanied by a copy of every child support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.

(e) The tribunal that issued the controlling order under subsection (a), (b), or (c) has continuing jurisdiction to the extent provided in § 25-9C-205 or 25-9C-206 .

(f) A tribunal of this state that determines by order which is the controlling order under subsection (b)(1) or (2) or (c), or that issues a new controlling order pursuant to subsection (b)(3), shall state in that order:

(1) The basis upon which the tribunal made its determination;

(2) The amount of prospective support, if any; and

(3) The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited pursuant to § 25-9C-209 .

(g) Within thirty days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of it in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.

(h) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings pursuant to this chapter.

Source: SL 2015, ch 148, § 207.
S.D. Codified Laws § 25-4-17.2 — SD Code / Title 25 / Chapter 4 / Section 25-4-17.2
Dissolution of marriage--Legal separation--Continuance--Orders during continuance--Consent of parties
Status: in_force

If from the evidence at the hearing, the court finds that there are irreconcilable differences, which have caused the irremediable breakdown of the marriage, it shall order the dissolution of the marriage or a legal separation. If it appears that there is a reasonable possibility of reconciliation, the court shall continue the proceeding for a period not to exceed thirty days. During the period of the continuance, the court may enter any order for the support and maintenance of the parties, the custody, support, maintenance, and education of the minor children of the marriage, attorney fees, and for the preservation of the property of the parties. At any time after the termination of the thirty - day period, either party may move for the dissolution of the marriage or a legal separation, and the court may enter its judgment decreeing the dissolution or separation.

The court may not render a judgment decreeing the legal separation or divorce of the parties on the grounds of irreconcilable differences without the consent of both parties unless one party has not made a general appearance.

Source: SL 1985, ch 207, § 2; SL 1986, ch 213.
S.D. Codified Laws § 25-5-13 — SD Code / Title 25 / Chapter 5 / Section 25-5-13
Residence of child--Right to change--Procedure
Status: in_force

A parent entitled to the custody of a child has the right to change the child's residence, subject to the power of the circuit court to restrain a removal that would prejudice the rights or welfare of the child. A parent desiring to relocate a minor child shall follow the provisions of §§ 25-4A-17 to 25-4A-19 , inclusive.

Source: SDC 1939, § 14.0306; SL 2020, ch 106, § 2.
S.D. Codified Laws § 25-9C-608 — SD Code / Title 25 / Chapter 9C / Section 25-9C-608
Confirmed order
Status: in_force

Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

Source: SL 2015, ch 148, § 608.
S.D. Codified Laws § 25-4-42 — SD Code / Title 25 / Chapter 4 / Section 25-4-42
Security for payments required of spouse--Receivership--Allowance withheld when recipient's estate sufficient
Status: in_force

The court may require a spouse to give reasonable security for providing maintenance, or making any payments required under the provisions of this chapter, and may enforce the same by the appointment of a receiver, or by any other remedy applicable to the case. But when a spouse has a separate estate sufficient to give that spouse proper support, the court in its discretion may withhold any allowance to that spouse out of the separate property of the other spouse.

Source: SDC 1939, § 14.0728; SL 1979, ch 165, § 4.
S.D. Codified Laws § 25-9C-208 — SD Code / Title 25 / Chapter 9C / Section 25-9C-208
Child support order for two or more obligees
Status: in_force

In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state.

Source: SL 2015, ch 148, § 208.
S.D. Codified Laws § 25-1-32 — SD Code / Title 25 / Chapter 1 / Section 25-1-32
Identity and ages of parties to be established before solemnization of marriage
Status: in_force

Before performing the marriage ceremony, the person solemnizing a marriage shall ascertain by personal knowledge or by requesting a photographic identification:

(1) The identity of the parties;

(2) Their real and full names and places of residence; and

(3) The names and places of residence of the two witnesses.

Source: SDC 1939, § 14.0116; SL 1993, ch 191, § 5.
S.D. Codified Laws § 25-2-10 — SD Code / Title 25 / Chapter 2 / Section 25-2-10
Property transactions of husband or wife--Transactions between spouses
Status: in_force

Either husband or wife may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might, if unmarried, subject, in transactions between themselves, to the general rules which control the actions of persons occupying confidential relations with each other, as prescribed by law.

Source: SDC 1939, § 14.0202.
S.D. Codified Laws § 25-1-40 — SD Code / Title 25 / Chapter 1 / Section 25-1-40
Marital rights not restored by pardon from life sentence
Status: in_force

No pardon granted to any person sentenced to imprisonment for life in this state restores such person to the rights of any previous marriage or to the guardianship of any issue of such marriage.

Source: SDC 1939, § 14.0108.
S.D. Codified Laws § 25-1-33 — SD Code / Title 25 / Chapter 1 / Section 25-1-33
Solemnization of marriage between unauthorized persons--Penalty
Status: in_force

A person is guilty of a Class 1 misdemeanor if the person solemnizes any marriage knowing that:

(1) Either party who is under the age of eighteen has not met the requirements provided under § 25-1-13 ;

(2) Either party is of unsound mind; or

(3) Any other legal impediment exists.

Source: SDC 1939, § 14.9906; SL 1984, ch 12, § 26; SL 2026, ch 118, § 4.
S.D. Codified Laws § 25-9C-507 — SD Code / Title 25 / Chapter 9C / Section 25-9C-507
Administrative enforcement of orders
Status: in_force

(a) A party or support enforcement agency seeking to enforce a support order or an income withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state.

(b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this chapter.

Source: SL 2015, ch 148, § 507.
S.D. Codified Laws § 25-10-38 — SD Code / Title 25 / Chapter 10 / Section 25-10-38
Report of domestic abuse arrest forwarded to prosecutor--Victim to be notified of status of case
Status: in_force

Any report made pursuant to § 25-10-36 shall be forwarded to the appropriate prosecutor within ten days of making the report. The prosecutor shall, within five days of receipt of the report, notify the victim either orally or in writing of the status of the case. If the state's attorney decides not to prosecute, the prosecutor shall inform the victim of the reasons.

Source: SL 1989, ch 208, § 2; SDCL § 23A-3-22 ; SL 2002, ch 19, § 1; SL 2009, ch 133, § 1.
S.D. Codified Laws § 25-4-67 — SD Code / Title 25 / Chapter 4 / Section 25-4-67
Parenting coordinator application form
Status: in_force

The prescribed form for a person seeking approval as a parenting coordinator is as follows:

(a) knowledge of the South Dakota court system and its procedures in contested family matters;

(b) knowledge of South Dakota family law, especially as applied to custody and visitation issues;

(c) knowledge of child development and specifically the impact of divorce or separation on family members;

(d) knowledge of resources available in the state to which the parties and the children can be referred for assistance;

(e) knowledge of interviewing and problem-solving techniques applicable to the family setting.

Source: SL 2013, ch 268, § 4 (Supreme Court Rule 13-07), eff. July 1, 2013.
S.D. Codified Laws § 25-10-35 — SD Code / Title 25 / Chapter 10 / Section 25-10-35
Arrest of person for abuse--Considerations
Status: in_force

If the officer has probable cause to believe that persons in a relationship as defined in § 25-10-3.1 have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the predominant physical aggressor. In making this determination, the officer shall make every reasonable effort to consider:

(1) The intent to protect victims of domestic abuse under this chapter;

(2) The comparative extent of injuries inflicted or serious threats creating fear of physical injury; and

(3) The history of domestic abuse between the persons involved.

Source: SL 1989, ch 207, § 2; SDCL § 23A-3-2.2 ; SL 2002, ch 19, § 1; SL 2003, ch 147, § 1; SL 2015, ch 139, § 2.
S.D. Codified Laws § 25-2-22 — SD Code / Title 25 / Chapter 2 / Section 25-2-22
Enforcement--Void marriage
Status: in_force

If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

Source: SL 1989, ch 216, § 7.
S.D. Codified Laws § 25-7A-40 — SD Code / Title 25 / Chapter 7A / Section 25-7A-40
Binding effect of order for withholding
Status: in_force

The order for withholding is binding upon the payor until service of an amended order for withholding or termination.

Source: SL 1986, ch 218, § 39.
S.D. Codified Laws § 25-10-39 — SD Code / Title 25 / Chapter 10 / Section 25-10-39
Records of domestic abuse--Disclosure of victim's location during pendency of action
Status: in_force

Each law enforcement agency shall maintain records for at least five years of all reported incidents of domestic abuse. However, during the pendency of any action instituted pursuant to § 25-10-36 , records which identify the location of a victim may not be disclosed to a defendant without a court order, except to defendant's attorney.

Source: SL 1989, ch 208, § 3; SDCL § 23A-3-23; SL 2002, ch 19, § 1.
S.D. Codified Laws § 25-7A-3.2 — SD Code / Title 25 / Chapter 7A / Section 25-7A-3.2
Designation of Department of Social Services as state child disbursement unit--Collection and disbursement procedures
Status: in_force

Beginning October 1, 1998, the Department of Social Services is designated as the state child support disbursement unit. The department shall use automated procedures for the collection and disbursement of child support payments for all support orders being enforced by the department; all support orders subject to withholding of income; and, all other support orders as directed by a court of competent jurisdiction.

The department may adopt rules pursuant to chapter 1-26 to implement the provisions of this section.

Source: SL 1997, ch 155, § 3.
S.D. Codified Laws § 25-10-12 — SD Code / Title 25 / Chapter 10 / Section 25-10-12
Delivery of order to law enforcement agencies
Status: in_force

The petitioner may deliver an order for protection granted pursuant to this chapter within twenty - four hours to the local law enforcement agency having jurisdiction over the residence of the petitioner. Each appropriate law enforcement agency shall make available to other law enforcement officers information as to the existence and status of any order for protection issued pursuant to this chapter.

Source: SL 1981, ch 198, § 12.
S.D. Codified Laws § 25-4-65 — SD Code / Title 25 / Chapter 4 / Section 25-4-65
Qualifications of parenting coordinator
Status: in_force

A parenting coordinator must satisfy the following minimum qualifications:

(1) A parenting coordinator must file an approved application on the prescribed form with the presiding judge for the circuit in which the parenting coordinator will provide parenting coordinator services;

(2) A parenting coordinator shall have a minimum of four hours of domestic violence training;

(3) A parenting coordinator must have a minimum of forty (40) hours parenting coordination training. In place of forty (40) hours training, a person may, with court approval, qualify as a parenting coordinator if that person has had five years' experience in parenting coordination with a minimum of twenty (20) cases during that period. A parenting coordinator must have competence in the following areas:

(a) General knowledge of the South Dakota court system and its procedures in contested family matters;

(b) General knowledge of South Dakota family law, especially as applied to custody and visitation issues;

(c) Knowledge of child development and specifically the impact of divorce or separation on family members;

(d) Knowledge of resources available in the state to which the parties and the children can be referred for assistance;

(e) Knowledge of interviewing and problem-solving techniques applicable to the family setting.

(4) A parenting coordinator must be committed to and participate in continuing education courses.

(5) A parenting coordinator must either be an attorney who is licensed to practice law in South Dakota; a psychologist who is licensed to practice in South Dakota; a psychiatrist who is licensed to practice in South Dakota; a social worker, family therapist or substance abuse counselor licensed to practice in South Dakota; or any other South Dakota licensed or certified professional with education, experience and specialized expertise relevant to the duties of a parenting coordinator.

Source: SL 2013, ch 268, § 2 (Supreme Court Rule 13-07), eff. July 1, 2013.
S.D. Codified Laws § 25-4B-107 — SD Code / Title 25 / Chapter 4B / Section 25-4B-107
General consideration in custody proceeding of parent's military service
Status: in_force

In a proceeding for custodial responsibility of a child of a servicemember, a court may not consider a parent's past deployment or possible future deployment in itself in determining the best interest of the child. However, if upon return from the deployment either the servicemember or child exhibits a substantial and material change in circumstances that adversely affects the servicemember's ability to adequately care for the child, the best interests of the child shall be determinative.

Source: SL 2014, ch 123, § 7.
S.D. Codified Laws § 25-4A-5.1 — SD Code / Title 25 / Chapter 4A / Section 25-4A-5.1
Copy of §25-4A-5attached to order for parenting time
Status: in_force

Any order of the court for parenting time shall have attached a copy of § 25-4A-5 .

Source: SL 2018, ch 155, § 1.
S.D. Codified Laws § 25-5-10 — SD Code / Title 25 / Chapter 5 / Section 25-5-10
Custody and earnings of children born out of wedlock
Status: in_force

The mother of an unmarried minor born out of wedlock is entitled to its custody, services, and earnings subject to the court's right to award custody of the child to either parent, considering the best interests of the child as to its temporal, mental, and moral welfare.

Source: SDC 1939, § 14.0304; SL 1982, ch 192; SL 1991, ch 210, § 7.
S.D. Codified Laws § 25-7A-17 — SD Code / Title 25 / Chapter 7A / Section 25-7A-17
Agreement between parents relieving duty of support--Rights of department or support obligee not terminated
Status: in_force

An agreement between parents or other responsible persons relieving a party of any duty of support or responsibility or purporting to settle past, present, or future support obligations as settlement or prepayment may not act to reduce or terminate any rights of the Department of Social Services or any support obligee to recover from parents or other responsible persons for support provided, unless the department or any support obligee has consented to the agreement in writing and the agreement has been approved by a court of competent jurisdiction.

Source: SL 1982, ch 196, § 17; SL 1986, ch 218, § 19.
S.D. Codified Laws § 25-7-6.27 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.27
Shared parenting child support cross credit
Status: in_force

If a custody order by the court, contains a detailed shared parenting plan which provides that the child will reside no less than one hundred eighty nights per calendar year in each parent's home, and that the parents will share the duties and responsibilities of parenting the child and the expenses of the child in proportion to their incomes, the court may, if deemed appropriate under the circumstances, grant a cross credit on the amount of the child support obligation based on the number of nights the child resides with each parent. The shared parenting child support cross credit shall be calculated as follows:

(1) Multiply the parents' combined child support obligation under the schedule by 1.5 to establish the parents' combined shared parenting child support obligation;

(2) Multiply the combined shared parenting child support obligation by each parent's percentage share of the parents' combined net incomes to establish each parent's shared parenting child support obligation;

(3) Multiply each parent's shared parenting child support obligation by the percentage of nights the child resides with each parent based on a three hundred sixty-five day calendar year to establish each parent's prorated shared parenting child support obligation;

(4) Offset the parents' prorated shared parenting child support obligations; and

(5) The parent with the larger prorated shared parenting child support obligation shall pay the difference between these amounts.

In deciding whether a shared parenting child support cross credit is appropriate, the court shall consider whether it would have a substantial negative effect on the child's standard of living.

It is presumed that the parenting time is exercised. If the parenting time exercised substantially deviates from the parenting time ordered, either party may petition the court for a modification of the support order without showing any other change in circumstances.

Source: SL 2009, ch 130, § 10; SL 2015, ch 147, § 1.
S.D. Codified Laws § 25-2-11 — SD Code / Title 25 / Chapter 2 / Section 25-2-11
Joint and several liability for necessaries
Status: in_force

Every husband and wife shall be jointly and severally liable for the purchase price, if such price be stated or agreed upon at the time of purchase, and if not so stated or agreed upon, for the reasonable value of all the necessaries of life, consisting of food, clothing, and fuel purchased by either husband or wife for their family while they are living together as husband and wife.

Source: SDC 1939, § 14.0206.
S.D. Codified Laws § 25-4-51 — SD Code / Title 25 / Chapter 4 / Section 25-4-51
Report of divorces to department of health
Status: in_force

The clerk of court in every county shall report information of each dissolution of marriage or divorce filed in the office of the clerk of court, on forms prescribed and furnished by the Department of Health and approved by the state court administrator of the Unified Judicial System. The forms shall be mailed or delivered to the South Dakota Department of Health within forty days after the entry of the final order or decree of the circuit court.

Source: SL 1978, ch 188.
S.D. Codified Laws § 25-6A-4 — SD Code / Title 25 / Chapter 6A / Section 25-6A-4
"State" defined
Status: in_force

For the purposes of this chapter, the term "state," means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of or administered by the United States.

Source: SL 1990, ch 187, § 2.
S.D. Codified Laws § 25-1-10 — SD Code / Title 25 / Chapter 1 / Section 25-1-10
License required for marriage--Fee--Disposition of fees--Form--Certified copies--Fee
Status: in_force

Previous to any marriage within this state, a license shall be obtained from the county register of deeds of any county, the fee for which is forty dollars. Ten dollars of the marriage license fee shall be retained by the county in which the fee is collected and placed in the county general fund. Thirty dollars of the marriage license fee shall be deposited in the county domestic abuse program fund. The license and record of marriage form shall be prescribed and furnished by the Department of Health. Certified copies of the marriage record shall be furnished by the county register of deeds for a fee established pursuant to § 34-25-52 and such fee shall be retained by the county in which the fee is collected and placed in the county general fund.

Source: SDC 1939, §§ 12.1406, 14.0111; SL 1957, ch 39; SDCL, § 16-10-8 (37), (38); SL 1968, ch 15; SL 1974, ch 55, § 25; SL 1978, ch 187, § 1; SL 1983, ch 202; SL 1983, ch 204, § 4; SL 1988, ch 202, § 1; SL 1993, ch 192, § 1; SL 1996, ch 162; SL 2003, ch 142, § 1.
S.D. Codified Laws § 25-9C-319 — SD Code / Title 25 / Chapter 9C / Section 25-9C-319
Receipt and disbursement of payments
Status: in_force

(a) A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.

(b) If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency of this state or a tribunal of this state shall:

(1) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and

(2) Issue and send to the obligor's employer a conforming income withholding order or an administrative notice of change of payee, reflecting the redirected payments.

(c) The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to subsection (b) shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.

Source: SL 2015, ch 148, § 319.
S.D. Codified Laws § 25-7A-55 — SD Code / Title 25 / Chapter 7A / Section 25-7A-55
Previous orders legalized, cured, and validated
Status: in_force

All orders previously entered under this chapter are hereby legalized, cured, and validated.

Source: SL 1989, ch 175, § 11.
S.D. Codified Laws § 25-9C-709 — SD Code / Title 25 / Chapter 9C / Section 25-9C-709
Partial enforcement
Status: in_force

If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.

Source: SL 2015, ch 148, § 709.
S.D. Codified Laws § 25-7-6.15 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.15
Allocation of travel costs by court
Status: in_force

If travel costs are substantial due to the distance between the parents, the court may order the allocation of such costs, taking into consideration the circumstances of the respective parties as well as which parent moved and the reason that the move was made.

Source: SL 1989, ch 220, § 15; SL 1997, ch 154, § 8.
S.D. Codified Laws § 25-9C-504 — SD Code / Title 25 / Chapter 9C / Section 25-9C-504
Immunity from civil liability
Status: in_force

An employer that complies with an income withholding order issued in another state in accordance with this article is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income.

Source: SL 2015, ch 148, § 504.
S.D. Codified Laws § 25-9C-609 — SD Code / Title 25 / Chapter 9C / Section 25-9C-609
Procedure to register child support order of another state for modification
Status: in_force

A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in §§ 25-9C-601 to 25-9C-608 , inclusive, if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.

Source: SL 2015, ch 148, § 609.
S.D. Codified Laws § 25-6A-10 — SD Code / Title 25 / Chapter 6A / Section 25-6A-10
Process and payment of medical assistance claims
Status: in_force

The Department of Social Services shall consider the holder of a medical assistance identification pursuant to § 25-6A-9 , as any other holder of a medical assistance identification under the laws of this state. The department shall process and make payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.

Source: SL 1990, ch 187, § 8.
S.D. Codified Laws § 25-4-20 — SD Code / Title 25 / Chapter 4 / Section 25-4-20
Connivance defined
Status: in_force

Connivance is the corrupt consent of one party to the commission of the acts of the other, constituting the cause of divorce. Corrupt consent is manifested by passive permission, with intent to connive at or actively procure the commission of the acts complained of.

Source: SDC 1939, § 14.0714.
S.D. Codified Laws § 25-4A-14 — SD Code / Title 25 / Chapter 4A / Section 25-4A-14
Standard guidelines subject to certain court orders
Status: in_force

The standard guidelines are subject to any provision established by a South Dakota state court in the following: a temporary or permanent domestic protection order, an order arising out of an abuse or neglect proceeding, a bond condition arising out of a criminal case, and an order in any other proceeding affecting child custody or support.

Source: SL 2002, ch 125, § 6.
S.D. Codified Laws § 25-4-80 — SD Code / Title 25 / Chapter 4 / Section 25-4-80
Jurisdiction over motions for omitted assets when court of another state entered original decree
Status: in_force

A court of this state may adjudicate a motion for omitted assets when a court of another state entered the original decree of marital annulment, dissolution, or legal separation and determined the division of property only if the court of the other state that entered the original decree determines it does not have exclusive, continuing jurisdiction or determines a court of this state is a more convenient forum. However, if the omitted asset is real property that lies in this state, a court of this state may adjudicate a motion for omitted assets regardless of whether a court of another state entered the original decree.

Source: SL 2013, ch 118, § 6.
S.D. Codified Laws § 25-9C-317 — SD Code / Title 25 / Chapter 9C / Section 25-9C-317
Communications between tribunals
Status: in_force

A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state.

Source: SL 2015, ch 148, § 317.
S.D. Codified Laws § 25-1-35 — SD Code / Title 25 / Chapter 1 / Section 25-1-35
Certificate delivered to parties--Return to register of deeds
Status: in_force

After performing the ceremony, the person solemnizing the marriage shall deliver the marriage certificate to the persons married and return, within ten days, the license and record of marriage to the county register of deeds.

Source: SDC 1939, §§ 14.0117, 14.9904; SL 1978, ch 187, § 6; SL 1980, ch 186; SL 1988, ch 202, § 7; SL 1993, ch 191, § 6.
S.D. Codified Laws § 25-4B-308 — SD Code / Title 25 / Chapter 4B / Section 25-4B-308
Nature of authority created by temporary custody order
Status: in_force

(a) A grant of authority under this Article is temporary and terminates under Article 4 after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant does not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom it is granted.

(b) A nonparent granted caretaking authority, decision-making authority, or limited contact under this Article has standing to enforce the grant until it is terminated by court order or under Article 4.

Source: SL 2014, ch 123, § 20.
S.D. Codified Laws § 25-7A-1 — SD Code / Title 25 / Chapter 7A / Section 25-7A-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Administrative order," a judgment or order of an agency of the executive branch of state government, or an agency of comparable jurisdiction of another state, ordering payment of a set or determinable amount of support money, or ordering withholding of income;

(2) "Arrearage," the total amount of unpaid support obligations;

(3) "Assistance," money payments made by the Department of Social Services which are paid to, or for the benefit of, any dependent child, including payments made so that food, shelter, medical care, clothing, transportation, education, or other necessary goods, services, or items may be provided, and payments made to compensate for the provision of those necessities;

(4) "Court order," a judgment or order of a circuit court of this state or a court of comparable jurisdiction of another state ordering payment of a set or determinable amount of support money;

(4A) "Custodian," a person who has either legal or physical custody, or both, of a dependent child;

(5) "Delinquency," any payment under an order for support which becomes due and remains unpaid;

(6) "Department," the Department of Social Services;

(7) "Dependent child," a needy child under the age of eighteen or under the age of nineteen and a full-time student in a secondary school if, before the child attains the age of nineteen, it is determined that the child may reasonably be expected to complete the program at the secondary school, who has been deprived of support or care by a natural parent, an adoptive parent, or a stepparent, by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, or who is a child of an unemployed parent and who is living with a person in a place of residence maintained by such person as his home;

(8) "Income," any form of payment to a person, regardless of source, including wages, salary, commission, bonuses, compensation as an independent contractor, workers' compensation, state reemployment assistance or unemployment compensation, disability, annuity and retirement benefits, gift or inheritance, all gain derived from capital or labor, profit gained through the sale or conversion of capital assets, and any other payments, including personal property, money and credits on deposit with or in the possession of, or made by any person, private entity, federal or state government, any unit of local government, school district or any entity created by public act. However, for the purposes of income withholding, the term excludes:

(a) Any amount required by law or as a condition of employment to be withheld, other than creditor claims, including federal, state, and local taxes, social security, and other retirement contributions;

(b) Any amount exempted by federal law; and

(c) Public assistance payments;

(9) "Need," the necessary costs of food, clothing, shelter, education, and medical care for the support of a dependent child;

(9A) "Noncustodial parent," the parent who does not have primary care, custody, or control of the child, and has an obligation to pay child support;

(10) "Obligee," any person or entity to whom a duty of support is owed;

(11) "Obligor," any person who owes a duty to make payments under an order for support;

(12) "Order for support," a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, which provides for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or of the parent with whom the child is living, which provides for monetary support, health care, medical support, arrearages, or reimbursement, and which may include costs and fees, interest, and penalties, income withholding, attorney's fees, and other relief;

(13) "Parent," the natural parent, adoptive parent, or stepparent of a dependent child;

(14) "Payor," any person or other entity owing income or having personal property or money and credits belonging to an obligor;

(15) "Person," a natural person, firm, limited liability company, corporation, association, political subdivision, or agency of government;

(16) "Secretary," the secretary of social services;

(17) Deleted by SL 2013, ch 119, § 5;

(18) "Standard of need," the need established by the Department of Social Services;

(19) "Support enforcement services," establishing and enforcing support obligations, locating support obligors, and establishing paternity under the Title IV-D state plan;

(20) "Title IV-D agency," the agency established by Part D of Title IV of the Social Security Act (42 U.S.C. §§ 651 to 667) for the purpose of administering the state's plan for establishing and enforcing support obligations, locating support obligors, and establishing paternity;

(21) "Medical support," the provision of a health insurance benefit plan or cash medical support payment, including any employer sponsored group health plan or self-insured plan, any individual health insurance policy, or public health care coverage, to meet the medical needs of a dependent child including the cost of any premium required by a health insurance benefit plan, an amount ordered to be paid toward the cost of health insurance provided by a public entity or by another parent through employment or otherwise, or for other medical costs not covered by insurance;

(22) "Business day," a day on which state offices are open for regular business;

(23) "Employee," any person who is an employee within the meaning of chapter 24 of the Internal Revenue Code of 1986, 26 U.S.C. § 3401-3406, as of January 1, 1997;

(24) "Employer," any person or entity who is an employer as defined in section 3401(d) of the Internal Revenue Code of 1986, 26 U.S.C. § 3401-3406, as of January 1, 1997, and includes any governmental entity and any labor organization;

(25) "Labor organization," the meaning given the term in section 2(5) of the National Labor Relations Act, 29 U.S.C. § 151 et seq., as of January 1, 1997, and includes any entity or hiring hall which is used by the organization and an employer to carry out the requirements described in section 8(f)(3) of the act;

(26) "Date of hire," the date a person first provides services for an employer for pay;

(27) "Newly hired employee" or "new hire," any person hired to provide services for an employer and required to provide an Internal Revenue Service W-4 form to the employer, including a person who is rehired, reemployed, or reinstated following thirty consecutive days of termination or layoff even if the person does not provide a new or revised W-4 form to the employer;

(28) "Recreational or sporting license," any state issued hunting or fishing license.

Source: SL 1982, ch 196, § 1; SL 1986, ch 218, § 1; SL 1989, ch 220, § 18; SL 1994, ch 351, § 45; SL 1994, ch 387, § 15; SL 1997, ch 155, § 5; SL 1998, ch 157, § 1; SL 2009, ch 130, § 12; SL 2013, ch 119, § 5; SL 2018, ch 162, § 1; SL 2019, ch 216, § 30.
S.D. Codified Laws § 25-4A-9 — SD Code / Title 25 / Chapter 4A / Section 25-4A-9
Standard guidelines defined
Status: in_force

For the purposes of §§ 25-4A-9 to 25-4A-16 , inclusive, the term, standard guidelines, means the parenting guidelines established by court rules promulgated by the South Dakota Supreme Court pursuant to § 25-4A-10 .

Source: SL 2002, ch 125, § 1; SL 2008, ch 126, § 1.
S.D. Codified Laws § 25-10-10 — SD Code / Title 25 / Chapter 10 / Section 25-10-10
Modification of order
Status: in_force

Upon application, notice to all parties, and hearing, the court may modify the terms of an existing order for protection.

Source: SL 1981, ch 198, § 10.
S.D. Codified Laws § 25-2-3 — SD Code / Title 25 / Chapter 2 / Section 25-2-3
Joint tenancies and tenancies in common
Status: in_force

A husband and wife may hold real or personal property together as joint tenants or tenants in common.

Source: SDC 1939, § 14.0204.
S.D. Codified Laws § 25-7-6.3 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.3
Determination of parents' monthly net income--Sources of income
Status: in_force

The monthly net income of each parent shall be determined by the parent's gross income less allowable deductions, as set forth in this chapter. The monthly gross income of each parent includes amounts received from the following sources:

(1) Compensation paid to an employee for personal services, whether salary, wages, commissions, bonus, or otherwise designated;

(2) Self-employment income including gain, profit, or loss from a business, farm, or profession;

(3) Periodic payments from pensions or retirement programs, including social security or veteran's benefits, disability payments, or insurance contracts;

(4) Interest, dividends, rentals, royalties, or other gain derived from investment of capital assets;

(5) Gain or loss from the sale, trade, or conversion of capital assets;

(6) Reemployment assistance or unemployment insurance benefits;

(7) Worker's compensation benefits; and

(8) Benefits in lieu of compensation including military pay allowances.

Overtime wages, commissions, and bonuses may be excluded if the compensation is not a regular and recurring source of income for the parent. Income derived from seasonal employment shall be annualized to determine a monthly average income.

Source: SL 1989, ch 220, § 3; SL 2001, ch 133, § 5; SL 2009, ch 130, § 2; SL 2019, ch 216, § 29.
S.D. Codified Laws § 25-7-6.2 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.2
Support obligation schedule
Status: in_force

The child support obligation must be established in accordance with the following schedule subject to the revisions or deviations as permitted by this chapter. Except as provided in this chapter, the combined monthly net incomes of both parents must be used in determining the obligation to be divided proportionately between the parents based upon their respective net incomes. The noncustodial parent's proportionate share establishes the amount of the child support order.

The emboldened areas of the schedule include a self-support reserve of eight hundred seventy-one dollars per month that accounts for the subsistence needs of the obligated parent with a limited ability to pay. If the obligation using only the noncustodial parent's monthly net income is an obligation within the emboldened areas of the schedule, that amount must be compared to the noncustodial parent's proportionate share using both parents' monthly net incomes. The lesser amount establishes the noncustodial parent's child support order.

Monthly Net Income

One Child

Two Children

Three Children

Four Children

Five Children

Six

Children

0-950

79

79

79

79

79

79

951-1,000

129

129

129

129

129

129

1,001-1,050

179

179

179

179

179

179

1,051-1,100

225

229

229

229

229

229

1,101-1,150

266

279

279

279

279

279

1,151-1,200

308

329

329

329

329

329

1,201-1,250

320

379

379

379

379

379

1,251-1,300

333

429

429

429

429

429

1,301-1,350

345

479

479

479

479

479

1,351-1,400

357

523

529

529

529

529

1,401-1,450

370

541

579

579

579

579

1,451-1,500

382

559

629

629

629

629

1,501-1,550

395

577

679

679

679

679

1,551-1,600

407

595

706

729

729

729

1,601-1,650

419

613

727

779

779

779

1,651-1,700

431

629

747

829

829

829

1,701-1,750

443

646

766

855

879

879

1,751-1,800

455

663

785

877

929

929

1,801-1,850

466

679

804

899

979

979

1,851-1,900

478

696

824

920

1012

1029

1,901-1,950

490

713

843

942

1039

1079

1,951-2,000

501

729

862

963

1063

1129

2,001-2,050

513

746

882

985

1086

1177

2,051-2,100

525

763

901

1006

1110

1219

2,101-2,150

536

779

920

1028

1134

1245

2,151-2,200

548

796

939

1049

1157

1271

2,201-2,250

560

813

959

1071

1181

1297

2,251-2,300

572

829

978

1092

1205

1322

2,301-2,350

583

846

998

1115

1246

1348

2,351-2,400

595

862

1020

1139

1272

1374

2,401-2,450

607

879

1041

1163

1299

1400

2,451-2,500

618

896

1062

1186

1325

1425

2,501-2,550

630

912

1083

1210

1352

1477

2,551-2,600

642

929

1105

1234

1378

1527

2,601-2,650

653

946

1126

1258

1405

1569

2,651-2,700

665

962

1147

1281

1431

1599

2,701-2,750

677

979

1168

1305

1458

1628

2,751-2,800

688

996

1190

1329

1484

1658

2,801-2,850

700

1012

1211

1353

1511

1688

2,851-2,900

712

1029

1232

1376

1537

1717

2,901-2,950

723

1046

1253

1400

1564

1747

2,951-3,000

735

1062

1275

1424

1590

1776

3,001-3,050

746

1079

1296

1447

1617

1806

3,051-3,100

758

1096

1317

1471

1643

1836

3,101-3,150

770

1114

1338

1495

1670

1865

3,151-3,200

781

1129

1356

1515

1692

1890

3,201-3,250

793

1146

1373

1533

1713

1913

3,251-3,300

805

1162

1389

1551

1733

1935

3,301-3,350

816

1179

1405

1569

1753

1958

3,351-3,400

821

1185

1421

1587

1773

1981

3,401-3,450

824

1198

1437

1605

1793

2003

3,451-3,500

828

1212

1453

1624

1813

2026

3,501-3,550

831

1226

1470

1642

1834

2048

3,551-3,600

834

1240

1485

1659

1853

2070

3,601-3,650

842

1251

1499

1675

1871

2089

3,651-3,700

852

1263

1513

1690

1888

2109

3,701-3,750

861

1274

1527

1705

1905

2128

3,751-3,800

869

1286

1540

1721

1922

2147

3,801-3,850

876

1297

1554

1736

1939

2166

3,851-3,900

880

1309

1568

1751

1956

2185

3,901-3,950

883

1320

1582

1767

1974

2205

3,951-4,000

889

1332

1596

1782

1991

2224

4,001-4,050

897

1340

1605

1792

2002

2236

4,051-4,100

906

1347

1612

1800

2011

2246

4,101-4,150

915

1353

1619

1808

2019

2256

4,151-4,200

924

1360

1626

1816

2028

2265

4,201-4,250

929

1366

1633

1824

2037

2275

4,251-4,300

932

1373

1640

1831

2046

2285

4,301-4,350

936

1379

1647

1839

2054

2295

4,351-4,400

939

1386

1654

1847

2063

2304

4,401-4,450

943

1392

1660

1854

2071

2313

4,451-4,500

946

1397

1665

1859

2077

2320

4,501-4,550

951

1402

1669

1865

2083

2326

4,551-4,600

954

1407

1674

1870

2089

2333

4,601-4,650

958

1411

1679

1875

2094

2339

4,651-4,700

961

1416

1683

1880

2100

2346

4,701-4,750

965

1421

1688

1885

2106

2352

4,751-4,800

969

1426

1693

1891

2112

2359

4,801-4,850

973

1430

1697

1896

2118

2366

4,851-4,900

978

1437

1704

1904

2126

2375

4,901-4,950

981

1443

1712

1912

2136

2385

4,951-5,000

985

1449

1719

1920

2145

2396

5,001-5,050

989

1456

1726

1928

2154

2406

5,051-5,100

993

1462

1734

1937

2163

2416

5,101-5,150

996

1469

1741

1945

2172

2426

5,151-5,200

1000

1475

1748

1953

2182

2437

5,201-5,250

1005

1481

1756

1961

2191

2447

5,251-5,300

1009

1488

1763

1969

2200

2457

5,301-5,350

1012

1495

1770

1978

2209

2467

5,351-5,400

1016

1502

1778

1986

2218

2478

5,401-5,450

1020

1509

1785

1994

2227

2488

5,451-5,500

1024

1516

1792

2002

2236

2498

5,501-5,550

1028

1523

1800

2010

2245

2508

5,551-5,600

1032

1530

1807

2018

2254

2518

5,601-5,650

1036

1537

1814

2026

2263

2528

5,651-5,700

1040

1544

1821

2035

2273

2538

5,701-5,750

1045

1552

1829

2043

2282

2549

5,751-5,800

1051

1560

1837

2052

2292

2561

5,801-5,850

1058

1568

1845

2061

2302

2572

5,851-5,900

1064

1577

1853

2070

2312

2583

5,901-5,950

1071

1585

1861

2079

2322

2594

5,951-6,000

1077

1593

1869

2088

2332

2605

6,001-6,050

1084

1601

1877

2097

2342

2616

6,051-6,100

1090

1610

1885

2106

2352

2627

6,101-6,150

1097

1619

1896

2118

2366

2642

6,151-6,200

1104

1631

1910

2134

2383

2662

6,201-6,250

1112

1642

1924

2149

2401

2681

6,251-6,300

1119

1654

1938

2165

2418

2701

6,301-6,350

1126

1665

1952

2180

2436

2720

6,351-6,400

1134

1676

1966

2196

2453

2740

6,401-6,450

1141

1688

1980

2212

2470

2759

6,451-6,500

1149

1699

1994

2227

2488

2779

6,501-6,550

1156

1711

2008

2243

2505

2798

6,551-6,600

1156

1711

2010

2245

2507

2801

6,601-6,650

1156

1712

2011

2247

2510

2803

6,651-6,700

1156

1713

2013

2249

2512

2806

6,701-6,750

1156

1714

2015

2251

2514

2808

6,751-6,800

1157

1715

2017

2253

2516

2811

6,801-6,850

1157

1715

2018

2255

2518

2813

6,851-6,900

1162

1716

2020

2257

2521

2816

6,901-6,950

1167

1717

2022

2259

2523

2818

6,951-7,000

1172

1722

2027

2264

2529

2825

7,001-7,050

1177

1729

2034

2272

2538

2835

7,051-7,100

1182

1737

2041

2280

2547

2845

7,101-7,150

1187

1745

2049

2288

2556

2855

7,151-7,200

1192

1753

2056

2297

2565

2865

7,201-7,250

1197

1761

2063

2305

2574

2876

7,251-7,300

1202

1768

2071

2313

2583

2886

7,301-7,350

1207

1776

2078

2321

2593

2896

7,351-7,400

1212

1784

2085

2329

2602

2906

7,401-7,450

1216

1791

2093

2337

2611

2916

7,451-7,500

1221

1798

2100

2346

2620

2927

7,501-7,550

1226

1805

2107

2354

2629

2937

7,551-7,600

1231

1812

2115

2362

2639

2947

7,601-7,650

1237

1819

2122

2370

2648

2958

7,651-7,700

1242

1826

2130

2379

2657

2968

7,701-7,750

1247

1834

2137

2387

2666

2978

7,751-7,800

1253

1841

2144

2395

2675

2988

7,801-7,850

1258

1848

2152

2403

2685

2999

7,851-7,900

1263

1855

2159

2412

2694

3009

7,901-7,950

1268

1862

2166

2420

2703

3019

7,951-8,000

1274

1869

2174

2428

2712

3030

8,001-8,050

1279

1876

2182

2437

2722

3041

8,051-8,100

1285

1884

2191

2447

2733

3053

8,101-8,150

1290

1892

2200

2457

2745

3066

8,151-8,200

1296

1900

2209

2467

2756

3078

8,201-8,250

1302

1908

2218

2477

2767

3090

8,251-8,300

1307

1916

2226

2487

2778

3103

8,301-8,350

1313

1924

2235

2497

2789

3115

8,351-8,400

1319

1932

2244

2507

2800

3128

8,401-8,450

1324

1940

2253

2517

2811

3140

8,451-8,500

1330

1948

2262

2527

2822

3153

8,501-8,550

1336

1956

2271

2537

2833

3165

8,551-8,600

1341

1964

2280

2547

2845

3177

8,601-8,650

1347

1972

2289

2557

2856

3190

8,651-8,700

1352

1980

2298

2566

2867

3202

8,701-8,750

1358

1988

2307

2576

2878

3215

8,751-8,800

1364

1996

2315

2586

2889

3227

8,801-8,850

1369

2004

2324

2596

2900

3239

8,851-8,900

1375

2012

2333

2606

2911

3252

8,901-8,950

1381

2020

2342

2616

2922

3264

8,951-9,000

1386

2028

2351

2626

2933

3277

9,001-9,050

1392

2036

2360

2636

2944

3289

9,051-9,100

1397

2044

2369

2646

2956

3301

9,101-9,150

1403

2052

2378

2656

2967

3314

9,151-9,200

1409

2060

2387

2666

2978

3326

9,201-9,250

1414

2068

2396

2676

2989

3339

9,251-9,300

1420

2076

2404

2686

3000

3351

9,301-9,350

1426

2084

2413

2696

3011

3363

9,351-9,400

1431

2092

2422

2706

3022

3376

9,401-9,450

1437

2100

2431

2716

3033

3388

9,451-9,500

1443

2107

2440

2726

3044

3401

9,501-9,550

1447

2115

2449

2736

3056

3414

9,551-9,600

1452

2123

2459

2747

3068

3427

9,601-9,650

1457

2130

2468

2757

3080

3440

9,651-9,700

1462

2138

2478

2768

3092

3453

9,701-9,750

1466

2145

2487

2778

3103

3466

9,751-9,800

1471

2153

2497

2789

3115

3480

9,801-9,850

1476

2160

2506

2799

3127

3493

9,851-9,900

1481

2168

2516

2810

3139

3506

9,901-9,950

1485

2175

2525

2821

3151

3519

9,951-10,000

1490

2183

2535

2831

3162

3532

10,001-10,050

1495

2190

2544

2842

3174

3546

10,051-10,100

1500

2198

2554

2852

3186

3559

10,101-10,150

1505

2205

2563

2863

3198

3572

10,151-10,200

1509

2213

2572

2873

3210

3585

10,201-10,250

1514

2221

2582

2884

3221

3598

10,251-10,300

1519

2228

2591

2895

3233

3612

10,301-10,350

1524

2236

2601

2905

3245

3625

10,351-10,400

1528

2243

2610

2916

3257

3638

10,401-10,450

1533

2251

2620

2926

3269

3651

10,451-10,500

1538

2258

2629

2937

3281

3664

10,501-10,550

1543

2266

2639

2947

3292

3678

10,551-10,600

1547

2273

2648

2958

3304

3691

10,601-10,650

1552

2281

2658

2969

3316

3704

10,651-10,700

1557

2288

2667

2979

3328

3717

10,701-10,750

1562

2296

2677

2990

3340

3730

10,751-10,800

1566

2303

2686

3000

3351

3743

10,801-10,850

1571

2311

2696

3011

3363

3757

10,851-10,900

1576

2318

2705

3021

3375

3770

10,901-10,950

1581

2326

2714

3032

3387

3783

10,951-11,000

1585

2333

2724

3043

3399

3796

11,001-11,050

1590

2341

2733

3053

3410

3809

11,051-11,100

1595

2349

2743

3064

3422

3823

11,101-11,150

1600

2356

2752

3074

3434

3836

11,151-11,200

1604

2364

2762

3085

3446

3849

11,201-11,250

1609

2371

2771

3095

3458

3862

11,251-11,300

1614

2379

2781

3106

3469

3875

11,301-11,350

1619

2386

2790

3117

3481

3889

11,351-11,400

1623

2394

2800

3127

3493

3902

11,401-11,450

1628

2401

2809

3138

3505

3915

11,451-11,500

1633

2409

2819

3148

3517

3928

11,501-11,550

1638

2416

2828

3159

3528

3941

11,551-11,600

1642

2424

2837

3169

3540

3954

11,601-11,650

1649

2431

2847

3180

3552

3968

11,651-11,700

1656

2439

2856

3190

3564

3981

11,701-11,750

1663

2446

2866

3201

3576

3994

11,751-11,800

1670

2454

2875

3211

3587

4007

11,801-11,850

1677

2462

2885

3222

3599

4020

11,851-11,900

1684

2469

2894

3232

3611

4033

11,901-11,950

1691

2477

2903

3243

3622

4046

11,951-12,000

1698

2484

2913

3254

3634

4059

12,001-12,050

1705

2492

2922

3264

3646

4072

12,051-12,100

1712

2499

2932

3275

3658

4086

12,101-12,150

1719

2507

2941

3285

3669

4099

12,151-12,200

1726

2514

2950

3296

3681

4112

12,201-12,250

1733

2522

2960

3306

3693

4125

12,251-12,300

1741

2529

2969

3317

3705

4138

12,301-12,350

1748

2537

2979

3327

3716

4151

12,351-12,400

1755

2544

2988

3338

3728

4164

12,401-12,450

1762

2552

2997

3348

3740

4177

12,451-12,500

1769

2559

3007

3359

3751

4190

12,501-12,550

1776

2567

3016

3369

3763

4204

12,551-12,600

1783

2574

3026

3380

3775

4217

12,601-12,650

1790

2582

3035

3390

3787

4230

12,651-12,700

1797

2590

3044

3401

3798

4243

12,701-12,750

1804

2597

3054

3411

3810

4256

12,751-12,800

1811

2605

3063

3422

3822

4269

12,801-12,850

1818

2612

3073

3432

3834

4282

12,851-12,900

1825

2620

3082

3443

3845

4295

12,901-12,950

1833

2627

3091

3453

3857

4308

12,951-13,000

1840

2635

3101

3464

3869

4321

13,001-13,050

1847

2642

3110

3474

3881

4335

13,051-13,100

1854

2650

3120

3485

3892

4348

13,101-13,150

1861

2657

3129

3495

3904

4361

13,151-13,200

1868

2665

3138

3506

3916

4374

13,201-13,250

1875

2672

3148

3516

3927

4387

13,251-13,300

1882

2680

3157

3527

3939

4400

13,301-13,350

1889

2687

3167

3537

3951

4413

13,351-13,400

1896

2695

3176

3548

3963

4426

13,401-13,450

1903

2703

3185

3558

3974

4439

13,451-13,500

1910

2710

3195

3569

3986

4452

13,501-13,550

1917

2718

3204

3579

3998

4466

13,551-13,600

1925

2725

3214

3590

4010

4479

13,601-13,650

1932

2733

3223

3600

4021

4492

13,651-13,700

1939

2740

3232

3611

4033

4505

13,701-13,750

1945

2748

3241

3621

4044

4517

13,751-13,800

1950

2755

3250

3630

4055

4529

13,801-13,850

1955

2763

3258

3639

4065

4541

13,851-13,900

1960

2770

3266

3649

4076

4552

13,901-13,950

1965

2778

3275

3658

4086

4564

13,951-14,000

1970

2786

3283

3667

4096

4576

14,001-14,050

1975

2793

3291

3677

4107

4587

14,051-14,100

1980

2801

3300

3686

4117

4599

14,101-14,150

1985

2808

3308

3695

4128

4610

14,151-14,200

1990

2816

3316

3704

4138

4622

14,201-14,250

1996

2823

3325

3714

4148

4634

14,251-14,300

2001

2831

3333

3723

4159

4645

14,301-14,350

2006

2839

3341

3732

4169

4657

14,351-14,400

2011

2846

3350

3742

4180

4669

14,401-14,450

2016

2854

3358

3751

4190

4680

14,451-14,500

2021

2861

3366

3760

4200

4692

14,501-14,550

2026

2869

3375

3770

4211

4703

14,551-14,600

2031

2876

3383

3779

4221

4715

14,601-14,650

2036

2884

3392

3788

4232

4727

14,651-14,700

2041

2892

3400

3798

4242

4738

14,701-14,750

2046

2899

3408

3807

4252

4750

14,751-14,800

2051

2907

3417

3816

4263

4761

14,801-14,850

2056

2914

3425

3826

4273

4773

14,851-14,900

2061

2922

3433

3835

4284

4785

14,901-14,950

2066

2929

3442

3844

4294

4796

14,951-15,000

2071

2937

3450

3853

4304

4808

15,001-15,050

2076

2945

3458

3863

4315

4820

15,051-15,100

2081

2952

3467

3872

4325

4831

15,101-15,150

2086

2960

3475

3881

4336

4843

15,151-15,200

2091

2967

3483

3891

4346

4854

15,201-15,250

2097

2975

3492

3900

4356

4866

15,251-15,300

2102

2982

3500

3909

4367

4878

15,301-15,350

2107

2990

3508

3919

4377

4889

15,351-15,400

2112

2998

3517

3928

4388

4901

15,401-15,450

2117

3005

3525

3937

4398

4913

15,451-15,500

2122

3013

3533

3947

4408

4924

15,501-15,550

2127

3020

3542

3956

4419

4936

15,551-15,600

2132

3028

3550

3965

4429

4947

15,601-15,650

2137

3035

3558

3975

4440

4959

15,651-15,700

2142

3043

3567

3984

4450

4971

15,701-15,750

2147

3051

3575

3993

4460

4982

15,751-15,800

2152

3058

3583

4002

4471

4994

15,801-15,850

2157

3066

3592

4012

4481

5005

15,851-15,900

2162

3073

3600

4021

4492

5017

15,901-15,950

2167

3081

3608

4030

4502

5029

15,951-16,000

2172

3088

3617

4040

4512

5040

16,001-16,050

2177

3096

3625

4049

4523

5052

16,051-16,100

2182

3104

3633

4058

4533

5064

16,101-16,150

2187

3111

3642

4068

4544

5075

16,151-16,200

2192

3119

3650

4077

4554

5087

16,201-16,250

2197

3126

3658

4086

4564

5098

16,251-16,300

2203

3134

3667

4096

4575

5110

16,301-16,350

2208

3141

3675

4105

4585

5122

16,351-16,400

2213

3149

3683

4114

4596

5133

16,401-16,450

2218

3157

3692

4124

4606

5145

16,451-16,500

2223

3164

3700

4133

4616

5157

16,501-16,550

2228

3172

3708

4142

4627

5168

16,551-16,600

2233

3179

3717

4151

4637

5180

16,601-16,650

2238

3187

3725

4161

4648

5191

16,651-16,700

2243

3194

3733

4170

4658

5203

16,701-16,750

2248

3202

3742

4179

4668

5215

16,751-16,800

2253

3210

3750

4189

4679

5226

16,801-16,850

2258

3217

3758

4198

4689

5238

16,851-16,900

2263

3225

3767

4207

4700

5249

16,901-16,950

2268

3232

3775

4217

4710

5261

16,951-17,000

2273

3240

3783

4226

4720

5273

17,001-17,050

2278

3247

3792

4235

4731

5284

17,051-17,100

2283

3255

3800

4245

4741

5296

17,101-17,150

2288

3262

3808

4254

4752

5308

17,151-17,200

2293

3270

3817

4263

4762

5319

17,201-17,250

2298

3278

3825

4273

4772

5331

17,251-17,300

2303

3285

3833

4282

4783

5342

17,301-17,350

2309

3293

3842

4291

4793

5354

17,351-17,400

2314

3300

3850

4300

4804

5366

17,401-17,450

2319

3308

3858

4310

4814

5377

17,451-17,500

2324

3315

3867

4319

4824

5389

17,501-17,550

2329

3323

3875

4328

4835

5400

17,551-17,600

2334

3331

3883

4338

4845

5412

17,601-17,650

2339

3338

3892

4347

4856

5424

17,651-17,700

2344

3346

3900

4356

4866

5435

17,701-17,750

2349

3353

3908

4366

4876

5447

17,751-17,800

2354

3361

3917

4375

4887

5459

17,801-17,850

2359

3368

3925

4384

4897

5470

17,851-17,900

2364

3376

3933

4394

4908

5482

17,901-17,950

2369

3384

3942

4403

4918

5493

17,951-18,000

2374

3391

3950

4412

4928

5505

18,001-18,050

2379

3399

3958

4422

4939

5517

18,051-18,100

2384

3406

3967

4431

4949

5528

18,101-18,150

2389

3414

3975

4440

4960

5540

18,151-18,200

2394

3421

3983

4449

4970

5552

18,201-18,250

2399

3429

3992

4459

4980

5563

18,251-18,300

2404

3437

4000

4468

4991

5575

18,301-18,350

2410

3444

4008

4477

5001

5586

18,351-18,400

2415

3452

4017

4487

5012

5598

18,401-18,450

2420

3459

4025

4496

5022

5610

18,451-18,500

2425

3467

4033

4505

5032

5621

18,501-18,550

2430

3474

4042

4515

5043

5633

18,551-18,600

2435

3482

4050

4524

5053

5644

18,601-18,650

2440

3490

4058

4533

5064

5656

18,651-18,700

2445

3497

4067

4543

5074

5668

18,701-18,750

2450

3505

4075

4552

5084

5679

18,751-18,800

2455

3512

4083

4561

5095

5691

18,801-18,850

2460

3520

4092

4571

5105

5703

18,851-18,900

2465

3527

4100

4580

5116

5714

18,901-18,950

2470

3535

4108

4589

5126

5726

18,951-19,000

2475

3543

4117

4598

5136

5737

19,001-19,050

2480

3550

4125

4608

5147

5749

19,051-19,100

2485

3558

4133

4617

5157

5761

19,101-19,150

2490

3565

4142

4626

5168

5772

19,151-19,200

2495

3573

4150

4636

5178

5784

19,201-19,250

2500

3580

4158

4645

5188

5796

19,251-19,300

2505

3588

4167

4654

5199

5807

19,301-19,350

2510

3596

4175

4664

5209

5819

19,351-19,400

2516

3603

4183

4673

5220

5830

19,401-19,450

2521

3611

4192

4682

5230

5842

19,451-19,500

2526

3618

4200

4692

5240

5854

19,501-19,550

2531

3626

4208

4701

5251

5865

19,551-19,600

2536

3633

4217

4710

5261

5877

19,601-19,650

2541

3641

4225

4719

5272

5888

19,651-19,700

2546

3649

4233

4729

5282

5900

19,701-19,750

2551

3656

4242

4738

5292

5912

19,751-19,800

2556

3664

4250

4747

5303

5923

19,801-19,850

2561

3671

4259

4757

5313

5935

19,851-19,900

2566

3679

4267

4766

5324

5947

19,901-19,950

2571

3686

4275

4775

5334

5958

19,951-20,000

2576

3694

4284

4785

5344

5970

20,001-20,050

2581

3702

4292

4794

5355

5981

20,051-20,100

2586

3709

4300

4803

5365

5993

20,101-20,150

2591

3717

4309

4813

5376

6005

20,151-20,200

2596

3724

4317

4822

5386

6016

20,201-20,250

2601

3732

4325

4831

5396

6028

20,251-20,300

2606

3739

4334

4841

5407

6040

20,301-20,350

2611

3747

4342

4850

5417

6051

20,351-20,400

2617

3755

4350

4859

5428

6063

20,401-20,450

2622

3762

4359

4868

5438

6074

20,451-20,500

2627

3770

4367

4878

5449

6086

20,501-20,550

2632

3777

4375

4887

5459

6098

20,551-20,600

2637

3785

4384

4896

5469

6109

20,601-20,650

2642

3792

4392

4906

5480

6121

20,651-20,700

2647

3800

4400

4915

5490

6132

20,701-20,750

2652

3808

4409

4924

5501

6144

20,751-20,800

2657

3815

4417

4934

5511

6156

20,801-20,850

2662

3823

4425

4943

5521

6167

20,851-20,900

2667

3830

4434

4952

5532

6179

20,901-20,950

2672

3838

4442

4962

5542

6191

20,951-21,000

2677

3845

4450

4971

5553

6202

21,001-21,050

2682

3853

4459

4980

5563

6214

21,051-21,100

2687

3861

4467

4990

5573

6225

21,101-21,150

2692

3868

4475

4999

5584

6237

21,151-21,200

2697

3876

4484

5008

5594

6249

21,201-21,250

2702

3883

4492

5017

5605

6260

21,251-21,300

2707

3891

4500

5027

5615

6272

21,301-21,350

2712

3898

4509

5036

5625

6283

21,351-21,400

2717

3906

4517

5045

5636

6295

21,401-21,450

2723

3914

4525

5055

5646

6307

21,451-21,500

2728

3921

4534

5064

5657

6318

21,501-21,550

2733

3929

4542

5073

5667

6330

21,551-21,600

2738

3936

4550

5083

5677

6342

21,601-21,650

2743

3944

4559

5092

5688

6353

21,651-21,700

2748

3951

4567

5101

5698

6365

21,701-21,750

2753

3959

4575

5111

5709

6376

21,751-21,800

2758

3967

4584

5120

5719

6388

21,801-21,850

2763

3974

4592

5129

5729

6400

21,851-21,900

2768

3982

4600

5139

5740

6411

21,901-21,950

2773

3989

4609

5148

5750

6423

21,951-22,000

2778

3997

4617

5157

5761

6435

22,001-22,050

2783

4004

4625

5166

5771

6446

22,051-22,100

2788

4012

4634

5176

5781

6458

22,101-22,150

2793

4020

4642

5185

5792

6469

22,151-22,200

2798

4027

4650

5194

5802

6481

22,201-22,250

2803

4035

4659

5204

5813

6493

22,251-22,300

2808

4042

4667

5213

5823

6504

22,301-22,350

2813

4050

4675

5222

5833

6516

22,351-22,400

2818

4057

4684

5232

5844

6527

22,401-22,450

2823

4065

4692

5241

5854

6539

22,451-22,500

2829

4072

4700

5250

5865

6551

22,501-22,550

2834

4080

4709

5260

5875

6562

22,551-22,600

2839

4088

4717

5269

5885

6574

22,601-22,650

2844

4095

4725

5278

5896

6586

22,651-22,700

2849

4103

4734

5288

5906

6597

22,701-22,750

2854

4110

4742

5297

5917

6609

22,751-22,800

2859

4118

4750

5306

5927

6620

22,801-22,850

2864

4125

4759

5315

5937

6632

22,851-22,900

2869

4133

4767

5325

5948

6644

22,901-22,950

2874

4141

4775

5334

5958

6655

22,951-23,000

2879

4148

4784

5343

5969

6667

23,001-23,050

2884

4156

4792

5353

5979

6679

23,051-23,100

2889

4163

4800

5362

5989

6690

23,101-23,150

2894

4171

4809

5371

6000

6702

23,151-23,200

2899

4178

4817

5381

6010

6713

23,201-23,250

2904

4186

4825

5390

6021

6725

23,251-23,300

2909

4194

4834

5399

6031

6737

23,301-23,350

2914

4201

4842

5409

6041

6748

23,351-23,400

2919

4209

4850

5418

6052

6760

23,401-23,450

2924

4216

4859

5427

6062

6771

23,451-23,500

2930

4224

4867

5437

6073

6783

23,501-23,550

2935

4231

4875

5446

6083

6795

23,551-23,600

2940

4239

4884

5455

6093

6806

23,601-23,650

2945

4247

4892

5464

6104

6818

23,651-23,700

2950

4254

4900

5474

6114

6830

23,701-23,750

2955

4262

4909

5483

6125

6841

23,751-23,800

2960

4269

4917

5492

6135

6853

23,801-23,850

2965

4277

4925

5502

6145

6864

23,851-23,900

2970

4284

4934

5511

6156

6876

23,901-23,950

2975

4292

4942

5520

6166

6888

23,951-24,000

2980

4300

4950

5530

6177

6899

24,001-24,050

2985

4307

4959

5539

6187

6911

24,051-24,100

2990

4315

4967

5548

6197

6923

24,101-24,150

2995

4322

4975

5558

6208

6934

24,151-24,200

3000

4330

4984

5567

6218

6946

24,201-24,250

3005

4337

4992

5576

6229

6957

24,251-24,300

3010

4345

5000

5586

6239

6969

24,301-24,350

3015

4353

5009

5595

6249

6981

24,351-24,400

3020

4360

5017

5604

6260

6992

24,401-24,450

3025

4368

5025

5613

6270

7004

24,451-24,500

3030

4375

5034

5623

6281

7015

24,501-24,550

3036

4383

5042

5632

6291

7027

24,551-24,600

3041

4390

5050

5641

6301

7039

24,601-24,650

3046

4398

5059

5651

6312

7050

24,651-24,700

3051

4406

5067

5660

6322

7062

24,701-24,750

3056

4413

5075

5669

6333

7074

24,751-24,800

3061

4421

5084

5679

6343

7085

24,801-24,850

3066

4428

5092

5688

6353

7097

24,851-24,900

3071

4436

5100

5697

6364

7108

24,901-24,950

3076

4443

5109

5707

6374

7120

24,951-25,000

3081

4451

5117

5716

6385

7132

25,001-25,050

3086

4459

5126

5725

6395

7143

25,051-25,100

3091

4466

5134

5734

6405

7155

25,101-25,150

3096

4474

5142

5744

6416

7166

25,151-25,200

3101

4481

5151

5753

6426

7178

25,201-25,250

3106

4489

5159

5762

6437

7190

25,251-25,300

3111

4496

5167

5772

6447

7201

25,301-25,350

3116

4504

5176

5781

6457

7213

25,351-25,400

3121

4512

5184

5790

6468

7225

25,401-25,450

3126

4519

5192

5800

6478

7236

25,451-25,500

3131

4527

5201

5809

6489

7248

25,501-25,550

3136

4534

5209

5818

6499

7259

25,551-25,600

3142

4542

5217

5828

6509

7271

25,601-25,650

3147

4549

5226

5837

6520

7283

25,651-25,700

3152

4557

5234

5846

6530

7294

25,701-25,750

3157

4565

5242

5856

6541

7306

25,751-25,800

3162

4572

5251

5865

6551

7318

25,801-25,850

3167

4580

5259

5874

6561

7329

25,851-25,900

3172

4587

5267

5883

6572

7341

25,901-25,950

3177

4595

5276

5893

6582

7352

25,951-26,000

3182

4602

5284

5902

6593

7364

26,001-26,050

3187

4610

5292

5911

6603

7376

26,051-26,100

3192

4618

5301

5921

6613

7387

26,101-26,150

3197

4625

5309

5930

6624

7399

26,151-26,200

3202

4633

5317

5939

6634

7410

26,201-26,250

3207

4640

5326

5949

6645

7422

26,251-26,300

3212

4648

5334

5958

6655

7434

26,301-26,350

3217

4655

5342

5967

6665

7445

26,351-26,400

3222

4663

5351

5977

6676

7457

26,401-26,450

3227

4671

5359

5986

6686

7469

26,451-26,500

3232

4678

5367

5995

6697

7480

26,501-26,550

3237

4686

5376

6005

6707

7492

26,551-26,600

3243

4693

5384

6014

6717

7503

26,601-26,650

3248

4701

5392

6023

6728

7515

26,651-26,700

3253

4708

5401

6032

6738

7527

26,701-26,750

3258

4716

5409

6042

6749

7538

26,751-26,800

3263

4724

5417

6051

6759

7550

26,801-26,850

3268

4731

5426

6061

6770

7562

26,851-26,900

3274

4740

5436

6072

6782

7576

26,901-26,950

3280

4749

5446

6083

6795

7590

26,951-27,000

3286

4758

5456

6095

6808

7604

27,001-27,050

3292

4767

5466

6106

6820

7618

27,051-27,100

3298

4775

5476

6117

6833

7632

27,101-27,150

3304

4784

5487

6128

6846

7646

27,151-27,200

3311

4793

5497

6140

6858

7661

27,201-27,250

3317

4802

5507

6151

6871

7675

27,251-27,300

3323

4811

5517

6162

6883

7689

27,301-27,350

3329

4819

5527

6174

6896

7703

27,351-27,400

3335

4828

5537

6185

6909

7717

27,401-27,450

3341

4837

5547

6196

6921

7731

27,451-27,500

3347

4846

5557

6207

6934

7745

27,501-27,550

3353

4855

5567

6219

6946

7759

27,551-27,600

3359

4863

5577

6230

6959

7773

27,601-27,650

3365

4872

5588

6241

6972

7787

27,651-27,700

3371

4881

5598

6253

6984

7801

27,701-27,750

3377

4890

5608

6264

6997

7815

27,751-27,800

3384

4899

5618

6275

7009

7829

27,801-27,850

3390

4908

5628

6286

7022

7844

27,851-27,900

3396

4916

5638

6298

7035

7858

27,901-27,950

3402

4925

5648

6309

7047

7872

27,951-28,000

3408

4934

5658

6320

7060

7886

28,001-28,050

3414

4943

5668

6332

7072

7900

28,051-28,100

3420

4952

5679

6343

7085

7914

28,101-28,150

3426

4960

5689

6354

7098

7928

28,151-28,200

3432

4969

5699

6365

7110

7942

28,201-28,250

3438

4978

5709

6377

7123

7956

28,251-28,300

3444

4987

5719

6388

7135

7970

28,301-28,350

3451

4996

5729

6399

7148

7984

28,351-28,400

3457

5004

5739

6411

7161

7998

28,401-28,450

3463

5013

5749

6422

7173

8013

28,451-28,500

3469

5022

5759

6433

7186

8027

28,501-28,550

3475

5031

5769

6444

7198

8041

28,551-28,600

3481

5040

5780

6456

7211

8055

28,601-28,650

3487

5048

5790

6467

7224

8069

28,651-28,700

3493

5057

5800

6478

7236

8083

28,701-28,750

3499

5066

5810

6490

7249

8097

28,751-28,800

3505

5075

5820

6501

7262

8111

28,801-28,850

3511

5084

5830

6512

7274

8125

28,851-28,900

3517

5093

5840

6523

7287

8139

28,901-28,950

3524

5101

5850

6535

7299

8153

28,951-29,000

3530

5110

5860

6546

7312

8167

29,001-29,050

3536

5119

5871

6557

7325

8182

29,051-29,100

3542

5128

5881

6569

7337

8196

29,101-29,150

3548

5137

5891

6580

7350

8210

29,151-29,200

3554

5145

5901

6591

7362

8224

29,201-29,250

3560

5154

5911

6602

7375

8238

29,251-29,300

3566

5163

5921

6614

7388

8252

29,301-29,350

3572

5172

5931

6625

7400

8266

29,351-29,400

3578

5181

5941

6636

7413

8280

29,401-29,450

3584

5189

5951

6648

7425

8294

29,451-29,500

3590

5198

5961

6659

7438

8308

29,501-29,550

3597

5207

5972

6670

7451

8322

29,551-29,600

3603

5216

5982

6681

7463

8336

29,601-29,650

3609

5225

5992

6693

7476

8351

29,651-29,700

3615

5234

6002

6704

7488

8365

29,701-29,750

3621

5242

6012

6715

7501

8379

29,751-29,800

3627

5251

6022

6727

7514

8393

29,801-29,850

3633

5260

6032

6738

7526

8407

29,851-29,900

3639

5269

6042

6749

7539

8421

29,901-29,950

3645

5278

6052

6761

7551

8435

29,951-30,000

3651

5286

6062

6772

7564

8449

The share of the custodial parent is presumed to be spent directly for the benefit of the child.

Source: SL 1989, ch 220, § 2; SL 1997, ch 154, § 1; SL 2001, ch 133, § 1; SL 2009, ch 130, § 1; SL 2017, ch 111, § 1; SL 2022, ch 80, § 1.
S.D. Codified Laws § 25-8-12 — SD Code / Title 25 / Chapter 8 / Section 25-8-12
Timing of proceeding
Status: in_force

The proceeding to determine paternity or compel support by a father, including a proceeding to compel payment of reasonable expenses pursuant to § 25-8-3 , may be instituted during the pregnancy of the mother or after the birth of the child. Except with the consent of the person alleged to be the father, the trial may not be had until after the birth of the child.

Source: SDC 1939 & Supp 1960, § 37.2108; SL 1984, ch 190, § 11; SL 2023, ch 84, § 3.
S.D. Codified Laws § 25-5-23 — SD Code / Title 25 / Chapter 5 / Section 25-5-23
Foster parents' liability to foster children
Status: in_force

Foster parents shall be liable for personal injuries sustained by foster children only to the extent natural parents are liable to their children.

Source: SL 1980, ch 189.
S.D. Codified Laws § 25-7-6.9 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.9
Income above the schedule--Child support adjusted to appropriate level
Status: in_force

For a combined net income above the schedule in § 25-7-6.2 , the child support obligation shall be established at an appropriate level, taking into account the actual needs and standard of living of the child.

Source: SL 1989, ch 220, § 9.
S.D. Codified Laws § 25-9C-307 — SD Code / Title 25 / Chapter 9C / Section 25-9C-307
Duties of support enforcement agency
Status: in_force

(a) In a proceeding pursuant to this chapter, a support enforcement agency of this state, upon request:

(1) Shall provide services to a petitioner residing in a state;

(2) Shall provide services to a petitioner requesting services through a central authority of a foreign country as described in subsection 25-9C-102(5)(a) or (d); and

(3) May provide services to a petitioner who is an individual not residing in a state.

(b) A support enforcement agency of this state that is providing services to the petitioner shall:

(1) Take all steps necessary to enable an appropriate tribunal of this state, another state, or a foreign country to obtain jurisdiction over the respondent;

(2) Request an appropriate tribunal to set a date, time, and place for a hearing;

(3) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;

(4) Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;

(5) Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and

(6) Notify the petitioner if jurisdiction over the respondent cannot be obtained.

(c) A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts:

(1) To ensure that the order to be registered is the controlling order; or

(2) If two or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.

(d) A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.

(e) A support enforcement agency of this state shall issue or request a tribunal of this state to issue a child support order and an income withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to § 25-9C-319 .

(f) The provisions of this chapter do not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.

Source: SL 2015, ch 148, § 307.
S.D. Codified Laws § 25-10-12.4 — SD Code / Title 25 / Chapter 10 / Section 25-10-12.4
Presentment of false order or denial of service a misdemeanor
Status: in_force

Any person who intentionally provides a law enforcement officer with a copy of a foreign domestic violence protection order known by that person to be false, invalid, or not in compliance with the requirements of § 25-10-12.1 , or who, if served with such a protection order, denies having been served with the protection order, is guilty of a Class 1 misdemeanor.

Source: SL 2003, ch 148, § 4.
S.D. Codified Laws § 25-5A-14 — SD Code / Title 25 / Chapter 5A / Section 25-5A-14
Personal presence of parent required--Appearance by telephone--Power of attorney--Indian Child Welfare Act
Status: in_force

The personal presence of one parent at the hearing is required for jurisdictional purposes. However, for good cause shown, and upon notice to any other person or authorized agency whose consent is required pursuant to § 25-5A-6 , the court may permit a parent to appear telephonically if the parent is incarcerated, the parent appears telephonically in the physical presence of a law enforcement or correctional officer designated by the court to monitor the parent's appearance, and the parental rights of the other parent have been terminated or the other parent is deceased. Any other person whose consent is necessary may appear by filing with the court a power of attorney. If the Department of Social Services or a licensed child placement agency has custody of a child by written agreement of a parent with power of attorney to consent, the secretary or an authorized agent may appear and consent. Notwithstanding the foregoing provisions of this section, due regard shall be given to the Indian Child Welfare Act (25 U.S.C. §§ 1901 to 1963, inclusive,) as in effect on January 1, 2005, if applicable.

Source: SL 1971, ch 165, § 6 (2); SL 1974, ch 175; SL 1997, ch 151, § 1; SL 2005, ch 133, § 1.
S.D. Codified Laws § 25-7-6.7 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.7
Allowable deductions from monthly gross income
Status: in_force

Deductions from monthly gross income must be allowed as follows:

(1) Income taxes payable based on the applicable tax rate for a single taxpayer and a monthly payroll period rather than the actual tax rate;

(2) Social security and Medicare taxes based on the applicable tax rate for an employee or a self-employed taxpayer;

(3) Contributions to an IRS qualified retirement plan not exceeding ten percent of gross income;

(4) Actual business expenses of an employee, incurred for the benefit of his employer, not reimbursed;

(5) Payments made on other support and maintenance orders.

Source: SL 1989, ch 220, § 7; SL 1997, ch 154, § 4; SL 2001, ch 133, § 3; SL 2005, ch 134, § 2; SL 2022, ch 81, § 2.
S.D. Codified Laws § 25-8-8 — SD Code / Title 25 / Chapter 8 / Section 25-8-8
Agreement on father's liability not binding unless judicially approved--Other remedies barred when approved and performed
Status: in_force

An agreement or compromise made by the mother or child or by some authorized person on their behalf, with the alleged father concerning the support of the child born out of wedlock is binding upon the mother and child only if adequate support is secured by payment, or otherwise, and if approved by a court having jurisdiction to compel support of the child.

The performance of the agreement, when approved, bars other remedies of the mother or child for the support of the child.

The approval by the court shall be entered by the court as a judgment of paternity and order for support, and the judgment and order are enforceable as provided by law. An agreement which does not meet the requirements of this statute is void.

Source: SDC 1939 & Supp 1960, § 37.2126; SL 1984, ch 190, § 8.
S.D. Codified Laws § 25-7-6.13 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.13
Modification of prior support orders--Release from incarceration
Status: in_force

All orders for support entered and in effect prior to July 1, 2026, may be modified in accordance with this chapter, without requiring a showing of a change in circumstances from the entry of the order. If a parent incarcerated for more than one hundred eighty days is released from incarceration, the child support obligation in effect at the time of release must continue in effect until either parent files a petition for modification.

Source: SL 1989, ch 220, § 13; SL 1997, ch 154, § 6; SL 2001, ch 133, § 8; SL 2005, ch 134, § 4; SL 2009, ch 130, § 5; SL 2017, ch 111, § 3; SL 2022, ch 81, § 4; SL 2026, ch 121, § 3.
S.D. Codified Laws § 25-7A-4 — SD Code / Title 25 / Chapter 7A / Section 25-7A-4
Statement required of certain parents
Status: in_force

Upon demand by the Department of Social Services, any parent in the state, whose absence from the home is the basis upon which the department is paying public assistance on behalf of a dependent child, shall complete a statement, under oath, of the noncustodial parent's current monthly income, the noncustodial parent's total income over the past thirty-six months, the number of dependents the noncustodial parent is supporting, the amount the noncustodial parent is contributing regularly toward the support of all children for whom application for assistance is made, the noncustodial parent's current monthly living expenses, and all other pertinent information to determine the noncustodial parent's ability to support the noncustodial parent's children. This section also applies to a parent who owes support to a custodian who has applied for support enforcement services, and to both the noncustodial parent and the custodian in a petition for modification filed pursuant to § 25-7A-22 .

Source: SL 1982, ch 196, § 4; SL 1986, ch 218, § 4; SL 2013, ch 119, § 7.
S.D. Codified Laws § 25-10-4.1 — SD Code / Title 25 / Chapter 10 / Section 25-10-4.1
Petition for protection order--Dismissal without hearing--Sealing of court file
Status: in_force

If the court dismisses a petition filed pursuant to § 25-10-3 without a hearing held pursuant to § 25-10-4 , the clerk of court must immediately seal the petition and any supporting documents in the case.

Source: SL 2026, ch 102, § 3.
S.D. Codified Laws § 25-7A-33 — SD Code / Title 25 / Chapter 7A / Section 25-7A-33
Order for withholding not conclusive on issue of arrearage
Status: in_force

The failure of an order for withholding to state an arrearage is not conclusive of the issue of whether an arrearage is owing.

Source: SL 1986, ch 218, § 32.
S.D. Codified Laws § 25-7A-56.8 — SD Code / Title 25 / Chapter 7A / Section 25-7A-56.8
Jurisdiction of authorized tribunals
Status: in_force

Any tribunal as defined in § 25-9C-102 authorized to determine child support and paternity cases within this state may exercise statewide jurisdiction over any of the parties involved in the proceedings and may transfer a case between local jurisdictions without the need for any additional filings or service of process.

Source: SL 1997, ch 155, § 27; SL 2015, ch 148, § 82.
S.D. Codified Laws § 25-6-15.3 — SD Code / Title 25 / Chapter 6 / Section 25-6-15.3
Registry of consents to release of identifying information
Status: in_force

The Department of Social Services shall maintain a voluntary registry of those adoptees and natural parents who have presented a consent regarding the release of identifying information about themselves. Any consent shall indicate to whom the information may be released and whether the adoptee desires release of this identifying information after his death. A person who uses this voluntary register may revoke his consent at any time.

Source: SL 1985, ch 208, § 3.
S.D. Codified Laws § 25-9C-306 — SD Code / Title 25 / Chapter 9C / Section 25-9C-306
Inappropriate tribunal
Status: in_force

If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent.

Source: SL 2015, ch 148, § 306.
S.D. Codified Laws § 25-4A-35 — SD Code / Title 25 / Chapter 4A / Section 25-4A-35
Definitions
Status: in_force

(1) Custody evaluation: An evaluation based on personal interviews, interactions and observations of the parties and minor children that makes a recommendation to the court as to custody and parenting time for minors.

(2) Custody evaluator: A person who meets the minimum qualifications set forth in § 25-4A-36 to perform custody evaluations.

Commission Note: By order dated June 3, 2026, the Supreme Court delayed the effective date of Rule 26-07 from July 1, 2026, to December 31, 2026.

Source: SL 2026, ch 248 (Supreme Court Rule 26-07), eff. Dec. 31, 2026.
S.D. Codified Laws § 25-7-17.1 — SD Code / Title 25 / Chapter 7 / Section 25-7-17.1
Parent's choice of health services permitted in legitimate practice of religious beliefs not violation of support requirements
Status: in_force

However, any parent who chooses nonmedical remedial health services recognized or permitted under state law in the legitimate practice of religious beliefs in lieu of medical attendance is not for that reason alone in violation of §§ 25-7-17 and 25-7-20 .

Source: SL 1982, ch 195, § 4.
S.D. Codified Laws § 25-4-25 — SD Code / Title 25 / Chapter 4 / Section 25-4-25
Conjugal kindness as condition subsequent to condonation
Status: in_force

Condonation implies a condition subsequent that the forgiving party must be treated with conjugal kindness.

Source: SDC 1939, § 14.0716.
S.D. Codified Laws § 25-4B-202 — SD Code / Title 25 / Chapter 4B / Section 25-4B-202
Nature of authority created by agreement
Status: in_force

(a) An agreement under this Article is temporary and terminates pursuant to Article 4 after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under § 25-4B-203 . The agreement does not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom custodial responsibility is given.

(b) A nonparent who has caretaking authority, decision-making authority, or limited contact by an agreement under this Article has standing to enforce the agreement until it has been terminated by court order, by modification under § 25-4B-203 , or under Article 4.

Source: SL 2014, ch 123, § 9.
S.D. Codified Laws § 25-4-45.5 — SD Code / Title 25 / Chapter 4 / Section 25-4-45.5
Consideration of domestic abuse and assault conviction in custody award
Status: in_force

In awarding custody involving a minor, the court shall consider:

(1) A conviction of domestic abuse as defined in subdivision 25-10-1(1); or

(2) A conviction of assault against a person as defined in subdivision 25-10-1(2), except against any person related by consanguinity, but not living in the same household; or

(3) A history of domestic abuse.

Source: SL 1997, ch 156, § 1; SL 2008, ch 122, § 1.
S.D. Codified Laws § 25-9C-305 — SD Code / Title 25 / Chapter 9C / Section 25-9C-305
Duties and powers of responding tribunal
Status: in_force

(a) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to subsection 25-9C-301(b), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.

(b) A responding tribunal of this state, to the extent not prohibited by other law, may do one or more of the following:

(1) Establish or enforce a support order, modify a child support order, determine the controlling child support order, or determine parentage of a child;

(2) Order an obligor to comply with a support order, specifying the amount and the manner of compliance;

(3) Order income withholding;

(4) Determine the amount of any arrearages, and specify a method of payment;

(5) Enforce orders by civil or criminal contempt, or both;

(6) Set aside property for satisfaction of the support order;

(7) Place liens and order execution on the obligor's property;

(8) Order an obligor to keep the tribunal informed of the obligor's current residential address, electronic-mail address, telephone number, employer, address of employment, and telephone number at the place of employment;

(9) Issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and state computer systems for criminal warrants;

(10) Order the obligor to seek appropriate employment by specified methods;

(11) Award reasonable attorney's fees and other fees and costs; and

(12) Grant any other available remedy.

(c) A responding tribunal of this state shall include in a support order issued pursuant to this chapter, or in the documents accompanying the order, the calculations on which the support order is based.

(d) A responding tribunal of this state may not condition the payment of a support order issued pursuant to this chapter upon compliance by a party with provisions for visitation.

(e) If a responding tribunal of this state issues an order pursuant to this chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.

(f) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.

Source: SL 2015, ch 148, § 305.
S.D. Codified Laws § 25-5-31 — SD Code / Title 25 / Chapter 5 / Section 25-5-31
No right created on behalf of stepparent
Status: in_force

Nothing in § 25-5-29 creates any right on behalf of a stepparent to seek custody or visitation with a stepchild who has lived with that stepparent merely because the stepparent was married to or living with the child's parent.

Source: SL 2002, ch 126, § 3.
S.D. Codified Laws § 25-4B-503 — SD Code / Title 25 / Chapter 4B / Section 25-4B-503
Savings clause
Status: in_force

This chapter does not affect the validity of a temporary court order concerning custodial responsibility during deployment which was entered before July 1, 2014.

Source: SL 2014, ch 123, § 30.
S.D. Codified Laws § 25-4-74 — SD Code / Title 25 / Chapter 4 / Section 25-4-74
Communications with parenting coordinator not confidential
Status: in_force

Parenting coordination is not a confidential process. There is also no evidentiary privilege for communications made as part of the parenting coordination process. The parenting coordinator may be called to testify if ordered by the court in the case.

Source: SL 2013, ch 268, § 11 (Supreme Court Rule 13-07), eff. July 1, 2013.
S.D. Codified Laws § 25-7A-6.2 — SD Code / Title 25 / Chapter 7A / Section 25-7A-6.2
Time for furnishing documents required by referee--Inspection and copying by parties
Status: in_force

The parties to a child support proceeding under §§ 25-7A-6 and 25-7A-22 shall provide all financial and legal documents required by the referee at least five days prior to the hearing date set by the referee. Failure to provide such information five days prior to the hearing may lead to exclusion of the evidence or the application of § 25-7-6.26 .

The parties may inspect and obtain a copy of the financial documents, including confidential information as defined in § 15-15A-8 , that are received by the referee in connection with the child support proceeding. This information is to be held confidential and may not be released for any purpose outside of the child support proceeding. The referee may charge a fee not to exceed twenty-five cents per page for reproducing any document requested. If the actual duplication cost exceeds twenty-five cents per page, the referee may request a court order approving a fee of more than twenty-five cents per page. The referee may also charge for the cost of mailing any document requested by a party.

Source: SL 2013, ch 119, § 13.
S.D. Codified Laws § 25-7A-36 — SD Code / Title 25 / Chapter 7A / Section 25-7A-36
Duty of payor where obligor terminated--Service of order upon new payor
Status: in_force

If the obligor is no longer receiving income from the payor, the payor shall return a copy of the order for withholding to the department within five days after termination of employment, and shall cooperate in providing information for the purpose of enforcing this chapter, including the obligor's last known address and the name and address of any new payor, if known.

Upon receipt of a notice of change of payor when an order for withholding is in effect, the department shall serve a copy of the order upon the new payor in the same manner as provided for in § 25-7A-30 .

Source: SL 1986, ch 218, § 35.
S.D. Codified Laws § 25-10-34 — SD Code / Title 25 / Chapter 10 / Section 25-10-34
Domestic abuse charge to be indicated on summons, warrant, or judgment of conviction
Status: in_force

The state's attorney of the county where a crime is believed to have been committed shall indicate on the summons, complaint, information, indictment, arrest warrant, and judgment of conviction whether the charge involves domestic abuse.

Source: SL 2000, ch 111, § 2; SDCL § 23A-2-13 ; SL 2002, ch 19, § 1; SL 2004, ch 177, § 1.
S.D. Codified Laws § 25-4-66 — SD Code / Title 25 / Chapter 4 / Section 25-4-66
Appointment upon consent of parties
Status: in_force

Persons not meeting the requirements of § 25-4-65 may be appointed as a parenting coordinator by the court upon consent of the parties.

Source: SL 2013, ch 268, § 3 (Supreme Court Rule 13-07), eff. July 1, 2013.
S.D. Codified Laws § 25-9C-102 — SD Code / Title 25 / Chapter 9C / Section 25-9C-102
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Child," an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent;

(2) "Child support order," a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country;

(3) "Convention," the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007;

(4) "Duty of support," an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support;

(5) "Foreign country," a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:

(a) Which has been declared under the law of the United States to be a foreign reciprocating country;

(b) Which has established a reciprocal arrangement for child support with this state pursuant to § 25-9C-308 ;

(c) Which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures pursuant to this chapter; or

(d) In which the Convention is in force with respect to the United States;

(6) "Foreign support order," a support order of a foreign tribunal;

(7) "Foreign tribunal," a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. The term includes a competent authority under the Convention;

(8) "Home state," the state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period;

(9) "Income," earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state;

(10) "Income-withholding order," an order or other legal process directed to an obligor's employer or other debtor, as defined by the income withholding law of this state, to withhold support from the income of the obligor;

(11) "Initiating tribunal," the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country;

(12) "Issuing foreign country," the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child;

(13) "Issuing state," the state in which a tribunal issues a support order or a judgment determining parentage of a child;

(14) "Issuing tribunal," the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child;

(15) "Law," decisional and statutory law and rules and regulations having the force of law;

(16) "Obligee,":

(a) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued;

(b) A foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support;

(c) An individual seeking a judgment determining parentage of the individual's child; or

(d) A person that is a creditor in a proceeding pursuant to Article 7;

(17) "Obligor," an individual, or the estate of a decedent that:

(a) Owes or is alleged to owe a duty of support;

(b) Is alleged but has not been adjudicated to be a parent of a child;

(c) Is liable under a support order; or

(d) Is a debtor in a proceeding pursuant to Article 7;

(18) "Outside this state," a location in another state or a country other than the United States, whether or not the country is a foreign country;

(19) "Person," an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;

(20) "Record," information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

(21) "Register," to record in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country;

(22) "Registering tribunal," a tribunal in which a support order or judgment determining parentage of a child is registered;

(23) "Responding state," a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country;

(24) "Responding tribunal," the authorized tribunal in a responding state or foreign country;

(25) "Spousal support order," a support order for a spouse or former spouse of the obligor;

(26) "State," a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. The term includes an Indian nation or tribe;

(27) "Support enforcement agency," a public official, governmental entity, or private agency authorized to:

(a) Seek enforcement of support orders or laws relating to the duty of support;

(b) Seek establishment or modification of child support;

(c) Request determination of parentage of a child;

(d) Attempt to locate obligors or their assets; or

(e) Request determination of the controlling child support order;

(28) "Support order," a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney's fees, and other relief;

(29) "Tribunal," a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.

Source: SL 2015, ch 148, § 102.
S.D. Codified Laws § 25-9C-605 — SD Code / Title 25 / Chapter 9C / Section 25-9C-605
Notice of registration of order
Status: in_force

(a) When a support order or income withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

(b) A notice must inform the nonregistering party:

(1) That a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;

(2) That a hearing to contest the validity or enforcement of the registered order must be requested within twenty days after notice unless the registered order is pursuant to § 25-9C-707 ;

(3) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and

(4) Of the amount of any alleged arrearages.

(c) If the registering party asserts that two or more orders are in effect, a notice must also:

(1) Identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;

(2) Notify the nonregistering party of the right to a determination of which is the controlling order;

(3) State that the procedures provided in subsection (b) apply to the determination of which is the controlling order; and

(4) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.

(d) Upon registration of an income withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to the income withholding law of this state.

Source: SL 2015, ch 148, § 605.
S.D. Codified Laws § 25-10-23 — SD Code / Title 25 / Chapter 10 / Section 25-10-23
Conditional bond--Violation as misdemeanor
Status: in_force

If bond for the defendant in any domestic abuse action is authorized, a condition of no contact with the victim shall be stated and incorporated into the terms of the bond. Willful violation of any such no contact provision is a Class 1 misdemeanor.

Source: SL 1989, ch 224, § 2.
S.D. Codified Laws § 25-10-43 — SD Code / Title 25 / Chapter 10 / Section 25-10-43
Defendant prohibited from contacting victim prior to court appearance--Violation as misdemeanor
Status: in_force

While in custody after arrest for a crime involving domestic abuse, no defendant may have or be permitted any contact or communications, either directly or by means of a third party, with the victim or the family or household members of the victim, until the defendant's initial court appearance or until such contact or communication is specifically authorized by the court. Willful violation of this section is a Class 1 misdemeanor.

Source: SL 2010, ch 114, § 3.
S.D. Codified Laws § 25-7-6.10 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.10
Support obligation schedule--Deviation--Factors considered
Status: in_force

Deviation from the schedule in § 25-7-6.2 must be considered if raised by either party and made only upon the entry of specific findings based upon any of the following factors:

(1) The income of a subsequent spouse or contribution of a third party to the income or expenses of that parent but only if the application of the schedule works a financial hardship on either parent;

(2) Any financial condition of either parent that would make application of the schedule inequitable. If the total amount of the child support obligation, including any adjustments for health insurance and child care costs, exceeds fifty percent of the obligor's monthly net income, it is presumed that the amount of the obligation imposes a financial hardship on the obligor. This presumption may be rebutted based upon other factors set forth in this section;

(3) Any necessary education or health care special needs of the child;

(4) The effect of agreements between the parents regarding extra forms of support for the direct benefit of the child;

(5) The obligation of either parent to provide for subsequent natural children, adopted children, or stepchildren. However, an existing support order may not be modified solely for this reason;

(6) The voluntary and unreasonable act of a parent that causes the parent to be unemployed or underemployed, consistent with the provisions of § 25-7-6.26 ; or

(7) The federal income consequences arising from claiming the child as a dependent.

Source: SL 1989, ch 220, § 10; SL 1997, ch 154, § 3; SL 2001, ch 133, § 7; SL 2005, ch 134, § 10; SL 2007, ch 158, § 1; SL 2009, ch 130, § 4; SL 2022, ch 81, § 3; SL 2026, ch 121, § 2.
S.D. Codified Laws § 25-10-3.3 — SD Code / Title 25 / Chapter 10 / Section 25-10-3.3
Petition for protection order in which allegations support stalking or physical injury rather than domestic abuse
Status: in_force

If a petition for a protection order alleging the existence of domestic abuse is filed with the court pursuant to § 25-10-3 and, if the court, upon an initial review, determines that the allegations do not support the existence of domestic abuse, but that the allegations do support the existence of stalking or physical injury pursuant to § 22-19A-8 , the court, in its discretion, may hear and act upon the petition as though the petition had been filed under § 22-19A-8 and subject to the provisions of chapter 22-19A .

Source: SL 2014, ch 126, § 1.
S.D. Codified Laws § 25-7-15 — SD Code / Title 25 / Chapter 7 / Section 25-7-15
Desertion of child under ten as felony
Status: in_force

The parent of any child under the age of ten years and any person to whom any such child has been confided for nurture or education who deserts such child in any place with intent to wholly abandon the child, is guilty of a Class 4 felony.

Source: SDC 1939, § 13.3201; SL 1977, ch 189, § 94; SL 2006, ch 130, § 10.
S.D. Codified Laws § 25-7A-30 — SD Code / Title 25 / Chapter 7A / Section 25-7A-30
Service of order for withholding
Status: in_force

The department shall enter and serve the order for withholding on the payor, its superintendent, manager, or other agent, by certified mail, first class mail, personal delivery, or electronically in accordance with an agreement authorizing electronic service between the department and the payor, its superintendent, manager, or other agent. A copy of the order shall be mailed to the obligor at the obligor's last known post office address. The order for withholding shall be entered whether or not the order for support contains a provision for withholding of income or property.

Source: SL 1986, ch 218, § 29; SL 1997, ch 155, § 14; SL 2002, ch 127, § 1; SL 2007, ch 159, § 1.
S.D. Codified Laws § 25-7-37 — SD Code / Title 25 / Chapter 7 / Section 25-7-37
Chronically delinquent defined
Status: in_force

For the purposes of § 25-7-38 , the term, chronically delinquent, means the child support is paid ten or more days after the date the child support is due in each of three or more months in any twelve-month consecutive period, or the child support paid is less than ninety percent of the amount due in each of three or more months in any twelve-month consecutive period.

Source: SL 2009, ch 135, § 1.
S.D. Codified Laws § 25-5-11 — SD Code / Title 25 / Chapter 5 / Section 25-5-11
Wages of minor payable to minor or conservator
Status: in_force

The wages of a minor employed in service may be paid to the minor or to the minor's conservator.

Source: SDC 1939, § 14.0319; SL 1983, ch 206; SL 1993, ch 213, § 113.
S.D. Codified Laws § 25-1-7 — SD Code / Title 25 / Chapter 1 / Section 25-1-7
Marriage with stepchild void
Status: in_force

Every marriage of a stepfather with a stepdaughter or a stepmother with a stepson is null and void from the beginning.

Source: SDC 1939, § 14.0106 (2).
S.D. Codified Laws § 25-4B-404 — SD Code / Title 25 / Chapter 4B / Section 25-4B-404
Termination by operation of law of temporary grant of custodial responsibility established by court order
Status: in_force

(a) If an agreement between the parties to terminate a temporary order for custodial responsibility under Article 3 has not been filed, the order terminates sixty days after the deploying parent gives notice to the other parent and any nonparent granted custodial responsibility that the deploying parent has returned from deployment.

(b) A proceeding seeking to prevent termination of a temporary order for custodial responsibility is governed by law of this state other than this chapter.

Source: SL 2014, ch 123, § 27.
S.D. Codified Laws § 25-5A-23 — SD Code / Title 25 / Chapter 5A / Section 25-5A-23
Scope of counseling
Status: in_force

Any person providing counseling pursuant to § 25-5A-22 shall make every reasonable effort to meet with the birthparents at least fifteen days before termination of parental rights for the purpose of counseling the birthparents. The counseling shall include the following:

(1) Verification that the motivation to relinquish is voluntary without undue influence of others, and the birthparent is not under the influence of any substance which affects judgment;

(2) Discussion of the alternatives and resources available, the permanency of the decision, the emotional issues involved in termination, and the legal rights of a birthparent to legal counsel, if indicated; and

(3) Assessment of the ability of the birthparent to understand the consequences of the decision.

Source: SL 1994, ch 197, § 2.
S.D. Codified Laws § 25-7A-56.2 — SD Code / Title 25 / Chapter 7A / Section 25-7A-56.2
Recordation of social security number of child support obligors
Status: in_force

To facilitate the collection of child support and to facilitate locating child support obligors, the following information shall be recorded in the following manners:

(1) The social security number of any applicant for a professional license, drivers license, occupational license, recreational license, sporting license, or marriage license shall be recorded on the application. If an agency allows the use of a number, other than the social security number as the license number, the agency shall advise the applicant;

(2) The social security number of any person who is subject to a divorce decree, support order, paternity adjudication, or paternity acknowledgment shall be recorded on the document relating to the matter;

(3) The social security number of any person who has died shall be placed in the death records and recorded on the death certificate;

(4) The social security number, drivers license number, or identification number of the owners shall be recorded in the records maintained by the Division of Motor Vehicles upon the issuance of the title or renewal of a registration.

Source: SL 1997, ch 155, § 21; SL 1998, ch 157, § 7.
S.D. Codified Laws § 25-5A-17 — SD Code / Title 25 / Chapter 5A / Section 25-5A-17
Record of proceedings
Status: in_force

The court shall make a verbatim record of all proceedings under this chapter.

Source: SL 1971, ch 165, § 11.
S.D. Codified Laws § 25-8-61 — SD Code / Title 25 / Chapter 8 / Section 25-8-61
Trial by jury prohibited in paternity action
Status: in_force

In any action to establish paternity within this state, trial by jury is not allowed.

Source: SL 1997, ch 155, § 35.
S.D. Codified Laws § 25-5A-36 — SD Code / Title 25 / Chapter 5A / Section 25-5A-36
Due regard to be afforded Indian Child Welfare Act
Status: in_force

Due regard shall be afforded to the Indian Child Welfare Act (25 U.S.C. §§ 1901-1963), as amended to January 1, 2004, if that Act is applicable.

Source: SL 2004, ch 2, § 8.
S.D. Codified Laws § 25-7-3 — SD Code / Title 25 / Chapter 7 / Section 25-7-3
Abandonment or separation of spouses--Liability for support
Status: in_force

A person abandoned by his or her spouse is not liable for the spouse's support until the spouse offers to return, unless the spouse was justified by the person's misconduct in abandoning him or her. A person is not liable for a spouse's support when the spouse is living separate by agreement, unless support is stipulated in the agreement.

Source: SDC 1939, § 14.0211; SL 1984, ch 12, § 48.
S.D. Codified Laws § 25-4A-23 — SD Code / Title 25 / Chapter 4A / Section 25-4A-23
Home study or custody evaluation--Mediation
Status: in_force

Prior to ruling on a joint physical custody petition the court may require the parties to participate in a home study or a custody evaluation. Prior to the court ruling on a joint physical custody petition, either parent may request mediation pursuant to § 25-4-56 .

In any case where the court orders the parties to participate in a home study, custody evaluation, or custody mediation, the court shall allocate the costs of the same between the parties.

Source: SL 2014, ch 122, § 3.
S.D. Codified Laws § 25-9C-209 — SD Code / Title 25 / Chapter 9C / Section 25-9C-209
Credit for payments
Status: in_force

A tribunal of this state shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this state, another state, or a foreign country.

Source: SL 2015, ch 148, § 209.
S.D. Codified Laws § 25-8-57 — SD Code / Title 25 / Chapter 8 / Section 25-8-57
Rebuttable presumption of legitimacy
Status: in_force

Any child born in wedlock, or born within ten months after dissolution of the marriage, is presumed legitimate to that marriage even if the marriage is subsequently declared to be null and void, or subsequently dissolved by divorce. This rebuttable presumption of legitimacy can only be disputed by the husband or wife, or a descendant of one or both of them, or a potential biological father of the child. The potential biological father has standing to file an action to rebut this presumption prior to obtaining genetic test results. The potential biological father may not rebut the presumption without genetic test results meeting the requirements of § 25-8-58 establishing that he is the biological father of the child.

This presumption may be specifically rebutted pursuant to § 25-8-64 .

Source: SL 1994, ch 204, § 9; SL 2013, ch 119, § 17.
S.D. Codified Laws § 25-5-15 — SD Code / Title 25 / Chapter 5 / Section 25-5-15
Parental liability for willful acts of child--Limitation of recovery--Motor vehicle cases excepted--Specific findings in disputed cases
Status: in_force

Any person, firm, association, private or public corporation, including the State of South Dakota and its political subdivisions, suffering damages to real, personal, or mixed property, or personal injury, through any malicious and willful act of a minor child under the age of eighteen years while residing with the child's parents, has a cause of action against and may recover from the parents of such child. In each case the amount of recovery against one or both of the parents is limited to actual damages of two thousand five hundred dollars and the taxable court costs, and does not apply to damages proximately caused through the operation of a motor vehicle by the minor child. If the issue is disputed, any determination that a parent is not responsible for the full amount of actual damages and costs authorized by this section shall be justified in a specific finding, in writing or on the record.

Source: SL 1957, ch 41; SDC Supp 1960, § 14.0309-1; SL 1979, ch 166; SL 1980, ch 188; SL 1993, ch 194; SL 2010, ch 136, § 1.
S.D. Codified Laws § 25-10-3.1 — SD Code / Title 25 / Chapter 10 / Section 25-10-3.1
Persons entitled to apply for protection order
Status: in_force

Any person who is involved in one of the following relationships with another party:

(1) Spouse or former spouse;

(2) Is in a significant romantic relationship or has been in one during the past twelve months with the abusing party;

(3) Has a child or is expecting a child with the abusing party;

(4) Parent and child, including a relationship by adoption, guardianship, or marriage; or

(5) Siblings, whether of the whole or half blood, including a relationship through adoption or marriage;

Source: SL 2014, ch 125, § 1; SL 2017, ch 112, § 1.
S.D. Codified Laws § 25-8-7.2 — SD Code / Title 25 / Chapter 8 / Section 25-8-7.2
Persons authorized to perform test--Liability
Status: in_force

Only a physician, laboratory technician, registered nurse, physician's assistant, phlebotomist, expanded role licensed practical nurse, medical technician, or medical technologist, acting under court order, or at the request of both the mother and any alleged father of the child, may withdraw blood for the purpose of testing genetic systems to determine parentage. Tissue, saliva, or other bodily substances may be withdrawn, by a qualified person, acting under court order, or at the request of both the mother and any alleged father of the child, using a noninvasive procedure, for the purpose of testing genetic systems to determine parentage. No person, and no entity, hospital, or laboratory employing such person, is liable for damages to the party from whom the blood, tissue, or other bodily substance is withdrawn, if the withdrawal is administered with usual and ordinary care.

Source: SL 1989, ch 221, § 2; SL 1994, ch 204, § 14; SL 2001, ch 135, § 2.
S.D. Codified Laws § 25-4A-21 — SD Code / Title 25 / Chapter 4A / Section 25-4A-21
Joint physical custody--Consideration upon application--Findings
Status: in_force

In any custody dispute between parents, upon application of either parent, the court shall consider granting joint physical custody of a minor child.

The court shall consider the factors set forth in § 25-4A-24 , and shall make written findings of fact and conclusions of law regarding the best interests of the minor child, unless waived by both parties.

Source: SL 2014, ch 122, § 1.
S.D. Codified Laws § 25-7A-6.4 — SD Code / Title 25 / Chapter 7A / Section 25-7A-6.4
Referee report objection--Exhibits and documents to court--Deadline--Retention
Status: in_force

If a party files an objection to the referee's report pursuant to § 25-7A-6 or 25-7A-22 , the referee must file with the court all exhibits entered into the record in the hearing before the referee and all financial and legal documents received by the referee. The referee shall file the exhibits and documents within ten days after receiving notice of the objection. The referee shall maintain the exhibits and documents for thirty days following a signed order.

Source: SL 2026, ch 121, § 8.
S.D. Codified Laws § 25-6-21 — SD Code / Title 25 / Chapter 6 / Section 25-6-21
Cure of past irregularities in proceedings--Limitation of actions
Status: in_force

Except in any case involving fraud or any case controlled by the Indian Child Welfare Act, (25 U.S.C. §§ 1901 to 1963, inclusive), any proceeding for the adoption of a child commenced under chapter 25-6 shall be in all things legalized, cured, and validated one year after the proceeding is finalized. If any person has a claim or right arising from any adoption proceeding, that person shall initiate any action to enforce such right or claim within one year of the date when the proceeding is finalized unless a two year statute of limitations is imposed by the Indian Child Welfare Act, (25 U.S.C. §§ 1901 to 1963, inclusive), as amended to January 1, 2019.

Source: SL 1994, ch 200; SL 1996, ch 166; SL 2012, ch 143, § 1; SL 2019, ch 127, § 1.
S.D. Codified Laws § 25-9C-703 — SD Code / Title 25 / Chapter 9C / Section 25-9C-703
Relationship of department to United States central authority
Status: in_force

The Department of Social Services of this state is recognized as the agency designated by the United States central authority to perform specific functions under the Convention.

Source: SL 2015, ch 148, § 703.
S.D. Codified Laws § 25-5A-28 — SD Code / Title 25 / Chapter 5A / Section 25-5A-28
Surrender of unharmed newborn not a crime
Status: in_force

It is not a crime for a parent to surrender a newborn to an emergency services provider or a licensed child placement agency, as provided in § 25-5A-27 , if the newborn has not been harmed prior to being surrendered.

Source: SL 2001, ch 132, § 2; SL 2025, ch 107, § 3.
S.D. Codified Laws § 25-4B-103 — SD Code / Title 25 / Chapter 4B / Section 25-4B-103
Remedies for noncompliance
Status: in_force

In addition to other remedies under law of this state other than this chapter, if a court finds that a party to a proceeding under this chapter has acted in bad faith or intentionally failed to comply with this chapter or a court order issued under this chapter, the court may assess reasonable attorney's fees and costs against the party and order other appropriate relief.

Source: SL 2014, ch 123, § 3.
S.D. Codified Laws § 25-4-15 — SD Code / Title 25 / Chapter 4 / Section 25-4-15
Willful neglect defined
Status: in_force

Willful neglect is the neglect of a person to provide the common necessaries of life for his or her spouse, when having the ability to do so; or it is the failure to do so by reason of idleness, profligacy, or dissipation.

Source: SDC 1939, § 14.0710; SL 1984, ch 12, § 45.
S.D. Codified Laws § 25-10-12.2 — SD Code / Title 25 / Chapter 10 / Section 25-10-12.2
Filing of foreign violence protection order--Affidavit--Entry in database--Fee
Status: in_force

Any person entitled to protection under a foreign domestic violence protection order may file the foreign order in the office of any clerk of a circuit court in this state. The person filing the foreign order shall also file with the clerk of a circuit court an affidavit certifying the validity and status of the order and attesting to the person's belief that the order has not been amended, rescinded, or superseded by any orders from a court of competent jurisdiction. If a foreign order is filed under this section, the clerk of a circuit court shall enter the order in the law enforcement protection order database. Filing of a foreign order under this section is not a prerequisite to the order's enforcement in this state. No fee may be assessed for filing the foreign order.

Source: SL 2003, ch 148, § 2.
S.D. Codified Laws § 25-8-63 — SD Code / Title 25 / Chapter 8 / Section 25-8-63
Filing affidavits or adjudications of paternity
Status: in_force

Every affidavit or adjudication of paternity shall be filed with the Department of Health for comparison with information contained within the state case registry.

Source: SL 1997, ch 155, § 37.
S.D. Codified Laws § 25-4A-22 — SD Code / Title 25 / Chapter 4A / Section 25-4A-22
Rebuttable presumption upon finding of history of domestic abuse or assault
Status: in_force

A finding by the court that a parent has a history of committing domestic abuse or has an assault conviction as defined in § 25-4-45.5 , creates a rebuttable presumption that joint physical custody is not in the best interests of the child.

Source: SL 2014, ch 122, § 2.
S.D. Codified Laws § 25-4-77 — SD Code / Title 25 / Chapter 4 / Section 25-4-77
Remedies for intentional concealment of omitted assets
Status: in_force

If the court finds the omitted assets were intentionally concealed by the nonmoving party or the nonmoving party's agent, the court may order an equitable division of the omitted assets' appreciated value, a forfeiture of the omitted assets to the moving party, or any other appropriate distribution. In addition, the court may award either compensatory damages or punitive damages, or both, to the moving party.

Source: SL 2013, ch 118, § 3.
S.D. Codified Laws § 25-7-7.1 — SD Code / Title 25 / Chapter 7 / Section 25-7-7.1
Continuation of duty to support
Status: in_force

A parent's duty to support his child continues if the child is placed with the Department of Social Services for custody, for temporary guardianship, or for care and placement.

Source: SL 1987, ch 189, § 1.
S.D. Codified Laws § 25-9C-615 — SD Code / Title 25 / Chapter 9C / Section 25-9C-615
Jurisdiction to modify child support order of foreign country
Status: in_force

(a) Except as otherwise provided in § 25-9C-711 , if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual pursuant to § 25-9C-611 has been given or whether the individual seeking modification is a resident of this state or of the foreign country.

(b) An order issued by a tribunal of this state modifying a foreign child support order pursuant to this section is the controlling order.

Source: SL 2015, ch 148, § 615.
S.D. Codified Laws § 25-6-3 — SD Code / Title 25 / Chapter 6 / Section 25-6-3
Consent of spouse required for adoption
Status: in_force

A married man not lawfully separated from his wife cannot adopt a child without the consent of his wife, nor can a married woman, not thus separated from her husband, without his consent, provided the husband or wife not consenting is capable of giving such consent.

Source: SDC 1939, § 14.0402.
S.D. Codified Laws § 25-7-6.22 — SD Code / Title 25 / Chapter 7 / Section 25-7-6.22
Rebuttable presumption that second job income not to be considered in establishing support obligation
Status: in_force

If a parent has annual primary employment earnings that equal or exceed the current state minimum hourly wage multiplied by one thousand eight hundred twenty hours, there is a rebuttable presumption that a parent's second job income is not to be considered in establishing a support obligation.

Source: SL 2005, ch 134, § 5; SL 2009, ch 130, § 8; SL 2017, ch 111, § 4.
S.D. Codified Laws § 25-6-17 — SD Code / Title 25 / Chapter 6 / Section 25-6-17
Rights and duties of natural parents terminated on adoption--Exceptions
Status: in_force

The natural parents of an adopted child are from the time of the adoption, relieved of all parental duties towards, and of all responsibility for the child so adopted, and have no right over it. Adoption of a child shall be final and unconditional except as otherwise provided by § 25-6-21 . The natural parents of an adopted child shall retain no rights or privileges to have visitation or other post-adoption contact with the child, except in cases where a natural parent consents to the adoption of a child by the child's stepfather or stepmother who is the present spouse of the natural parent or in cases of voluntary termination where there is a written pre-adoption agreement between the natural parent or parents and the adoptive parents. Any existing child support arrearages shall be addressed by the court in the order terminating parental rights. The South Dakota Supreme Court decision, People in Interest of S.A.H., 537 N.W.2d 1 (S.D. 1995), is abrogated by the South Dakota Legislature in so far as the case gave circuit courts the option to order an open adoption or post-termination visitation. Post-adoption visitation is an extraordinary remedy and may be exercised only by the adoptive parents when in the child's best interests. This section does not apply to pre-adoption agreements entered into before July 1, 1997.

Source: SDC 1939, § 14.0407; SL 1943, ch 50; SL 1945, ch 47, § 2; SL 1997, ch 153, § 1; SL 2013, ch 119, § 20.
S.D. Codified Laws § 25-6A-8 — SD Code / Title 25 / Chapter 6A / Section 25-6A-8
Allowable provisions
Status: in_force

Any compact entered into pursuant to this chapter may contain the following:

(1) Provisions establishing procedures and entitlements to medical, developmental, child care, or other social services for the child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the one responsible for or providing the services or the funds to defray part or all of the costs thereof; and

(2) Such other provisions as may be appropriate or incidental to the proper administration of the compact.

Source: SL 1990, ch 187, § 6.
S.D. Codified Laws § 25-5-7.3 — SD Code / Title 25 / Chapter 5 / Section 25-5-7.3
Parents to have equal access to records pertaining to child--Name and address of both parents to be listed
Status: in_force

Access to records and information pertaining to a minor child, including, but not limited to, medical, dental, orthodontia, optometric and similar health care, and school records shall be made equally available to both parents. Counseling, psychiatric, psychotherapy, and other records subject to confidentiality or privilege shall only be released in accordance with state and federal law; but, if available to one parent, shall be available to both. The parents shall make reasonable efforts to ensure that the name and address of the other parent is listed on all such records.

Source: SL 1989, ch 217, § 3; SL 2008, ch 129, § 1.
S.D. Codified Laws § 25-7A-56 — SD Code / Title 25 / Chapter 7A / Section 25-7A-56
Prohibition against issuance or renewal of professional license, registration, certification, or permit of applicant in child support arrearage--Adoption of rules by state agencies
Status: in_force

No state agency or board may issue or renew the professional, sporting, or recreational license, registration, certification, or permit of any applicant after receiving notice from the Department of Social Services that the applicant has support arrearages in the sum of one thousand dollars or more, unless the applicant first makes satisfactory arrangements with the Department of Social Services for payment of any accumulated arrearages. An applicant who disputes a determination by the Department of Social Services that the applicant has support arrearages of one thousand dollars or more shall, upon request, be given a due process hearing by the department. Upon recommendation by the department, the licensing agency or board may issue a temporary license, registration, certification, or permit to the applicant pending final resolution of the due process hearing. The department may promulgate rules pursuant to chapter 1-26 to implement the provisions of this section.

The term professional license, registration, certification, or permit as specified by this section includes any profession or occupation as specified in Title 36; insurance brokers, agents, and solicitors as specified in chapter 58-30 ; teachers and administrators as specified in chapters 13-42 and 13-43 ; attorneys as specified in chapter 16-16 ; securities agents, securities brokers, investment advisers, or investment adviser representatives as specified in chapter 47-31B ; pilots as specified in chapter 50-11 ; day care providers as specified in chapter 26-6 ; gaming employees as specified in chapter 42-7B ; and law enforcement officers as specified in chapter 23-3 . The state agencies or boards which govern the professions, recreational licenses, and occupations listed in this paragraph may adopt rules pursuant to chapter 1-26 to implement the provisions of this section for their particular profession or occupation.

Source: SL 1993, ch 195; SL 1994, ch 202, § 1; SL 1996, ch 167, § 1; SL 1997, ch 155, § 19; SL 1998, ch 157, § 5; SL 2004, ch 278, § 60; SL 2007, ch 160, § 1.
S.D. Codified Laws § 25-9C-501 — SD Code / Title 25 / Chapter 9C / Section 25-9C-501
Employer's receipt of income withholding order of another state
Status: in_force

An income withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor's employer under the income withholding law of this state without first filing a petition or comparable pleading or registering the order with a tribunal of this state.

Source: SL 2015, ch 148, § 501.
S.D. Codified Laws § 25-9C-301 — SD Code / Title 25 / Chapter 9C / Section 25-9C-301
Proceedings under this chapter
Status: in_force

(a) Except as otherwise provided in this chapter, this Article applies to all proceedings pursuant to this chapter.

(b) An individual petitioner or a support enforcement agency may initiate a proceeding authorized pursuant to this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country which has or can obtain personal jurisdiction over the respondent.

Source: SL 2015, ch 148, § 301.
S.D. Codified Laws § 25-7A-44 — SD Code / Title 25 / Chapter 7A / Section 25-7A-44
Collection, apportionment, and disbursements of payments by department--Payment records
Status: in_force

The department shall collect, disburse, and receive payments pursuant to orders for withholding. The department may apportion withheld amounts among multiple support orders, giving priority to current support, and shall maintain complete and accurate records of all payments and disbursements. Withheld amounts that are due to an obligee other than the department shall be distributed promptly to the obligee. A certified copy of payment records maintained by the department or clerk of courts shall, without further proof, be admitted into evidence in any legal proceedings under this chapter.

Source: SL 1986, ch 218, § 43.
S.D. Codified Laws § 25-6-4.2 — SD Code / Title 25 / Chapter 6 / Section 25-6-4.2
Offering, giving, or receiving unauthorized consideration for adoption as felony
Status: in_force

Any person who offers, gives, or receives any money or other consideration or thing of value in connection with the placing of any child for adoption, or relating to the consent to adoption, or with the petition for adoption except such charges as are approved by the court and fees charged by agencies licensed pursuant to chapter 26-6 , is guilty of a Class 6 felony.

Source: SL 1977, ch 205, § 1.
S.D. Codified Laws § 25-7A-8 — SD Code / Title 25 / Chapter 7A / Section 25-7A-8
Circuit court action to contest paternity or custody
Status: in_force

If a person served with a notice of support debt under § 25-7A-5 contests paternity or custody of the child, and the person is presumed to be the parent of the child in accordance with the provisions of chapter 25-8 , the secretary shall inform the responding party that an action must be commenced in circuit court in accordance with chapter 25-8 in order to establish that the person is not the father of the child or to establish custody. The notice of support debt, proof of service, and the response shall be filed for the purpose of establishing the support obligation as provided in § 25-7A-6 . The establishment and enforcement of the obligation may not be stayed pending the action for paternity or custody determination commenced by the respondent.

Source: SL 1982, ch 196, § 8; SL 1986, ch 218, § 9; SL 1989, ch 175, § 6; SL 1994, ch 204, § 12; SL 2001, ch 134, § 3.
S.D. Codified Laws § 25-7A-61 — SD Code / Title 25 / Chapter 7A / Section 25-7A-61
Promulgation of rules to notify insurers and employers of child support orders that include medical support
Status: in_force

The Department of Social Services may promulgate rules pursuant to chapter 1-26 to establish procedures to notify insurers and employers of child support orders that include medical support, to establish procedures for the enrollment of children under private health insurance policies pursuant to orders for medical support, to establish procedures for the submission of claims to private insurers for medical services rendered to children covered by medical support orders, and for oversight and administrative functions.

Source: SL 1994, ch 387, § 20.
S.D. Codified Laws § 25-4B-204 — SD Code / Title 25 / Chapter 4B / Section 25-4B-204
Power of attorney
Status: in_force

A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under law of this state other than this chapter, or if a court order currently in effect prohibits contact between the child and the other parent. The deploying parent may revoke the power of attorney by signing a revocation of the power.

Source: SL 2014, ch 123, § 11.
S.D. Codified Laws § 25-4-30.1 — SD Code / Title 25 / Chapter 4 / Section 25-4-30.1
Venue of action--Change by defendant
Status: in_force

An action for divorce or separate maintenance may be commenced in the county of residence of either party, subject to the right of the defendant to have the place of trial changed to the county where the defendant resides.

Source: SDC 1939, § 14.0720; SDCL, § 25-4-30 ; SL 1974, ch 174, § 2.
S.D. Codified Laws § 25-4-58.2 — SD Code / Title 25 / Chapter 4 / Section 25-4-58.2
Conduct of Family Court Mediators
Status: in_force

Mediators are expected to conduct themselves by the highest ethical standards. Mediators should conduct themselves and mediations according to the following general principles:

(1) A mediator should recognize that mediation is based on participation and self - determination by the parties. A mediator shall conduct the mediation process fairly, diligently, impartially and in a manner consistent with assisting the parties in reaching a voluntary, uncoerced agreement on the issues outstanding between them.

(2) A mediator shall fully disclose to all parties involved in the mediation any actual or potential conflicts of interest. A mediator shall not accept or shall withdraw from any mediation in which the mediator has reason to believe he or she cannot conduct the mediation in an impartial manner. After full disclosure of an actual or potential conflict of interest to the parties, the mediator shall withdraw from the mediation if requested by any party to do so.

(3) A mediator should maintain confidentiality at all times except as provided by law or court order. A mediator may otherwise disclose information regarding the mediation only with the expressed consent of the parties.

(4) A mediator shall fully disclose to the parties and explain the basis of compensation, fees, and other charges to the parties. This disclosure should occur at the first meeting of the mediator and the parties.

Source: Supreme Court Rule 96-7; Supreme Court Rule 97-42.
S.D. Codified Laws § 25-10-5.2 — SD Code / Title 25 / Chapter 10 / Section 25-10-5.2
Restrictions on issuance of mutual orders for protection against abuse
Status: in_force

No court may, pursuant to the provisions of § 25-10-5 , issue a mutual order enjoining both petitioner and respondent from committing acts of domestic abuse unless:

(1) Both the petitioner and the respondent personally appear;

(2) The respondent alleges, under oath, the existence of domestic abuse by stating the specific facts and circumstances of the domestic abuse;

(3) The court finds, by a preponderance of the evidence, that domestic abuse has taken place.

Source: SL 1996, ch 169.
S.D. Codified Laws § 25-6-6 — SD Code / Title 25 / Chapter 6 / Section 25-6-6
Jurisdiction of circuit court--Appeal
Status: in_force

The circuit court is vested with the jurisdiction to hear, try, and determine all matters relative to the adoption of children, subject to the right of appeal in the same form and manner as appeals are taken from the circuit court.

Source: SDC 1939, § 14.0405; SL 1951, ch 42, § 1.
S.D. Codified Laws § 25-9C-402 — SD Code / Title 25 / Chapter 9C / Section 25-9C-402
Proceeding to determine parentage
Status: in_force

A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought pursuant to this chapter or a law or procedure substantially similar to this chapter.

Source: SL 2015, ch 148, § 402.
S.D. Codified Laws § 25-3-11 — SD Code / Title 25 / Chapter 3 / Section 25-3-11
Provisions for child custody and support--Vacation or modification
Status: in_force

In an action for annulment the court may, before or after judgment, give such direction for the custody, care, and education of the children of the marriage as may seem necessary or proper, and may at any time vacate and modify the same.

Source: SDC 1939, § 14.0604; SDCL, § 25-3-7 ; SL 1978, ch 189, § 2.
S.D. Codified Laws § 25-3-8 — SD Code / Title 25 / Chapter 3 / Section 25-3-8
Physical incapacity as ground for annulment--Party bringing action--Time of action
Status: in_force

A marriage may be annulled by an action in the circuit court to obtain a decree of nullity if either party was at the time of the marriage physically incapable of entering into the marriage state, and such incapacity continues and appears to be incurable. An action to obtain a decree of nullity of marriage for causes mentioned in this section must be commenced by the injured party, within four years after the marriage.

Source: SDC 1939, §§ 14.0601 (6), 14.0602 (6).
S.D. Codified Laws § 25-4-2 — SD Code / Title 25 / Chapter 4 / Section 25-4-2
Grounds for divorce
Status: in_force

Divorces may be granted for any of the following causes:

(1) Adultery;

(2) Extreme cruelty;

(3) Willful desertion;

(4) Willful neglect;

(5) Habitual intemperance;

(6) Conviction of felony;

(7) Irreconcilable differences.

Source: SDC 1939, § 14.0703 (1) to (6); SL 1985, ch 207, § 3.
S.D. Codified Laws § 25-4A-16.1 — SD Code / Title 25 / Chapter 4A / Section 25-4A-16.1
Request for implementation of standard visitation guidelines--Objection--Hearing--Order
Status: in_force

Subject to the jurisdictional and procedural provisions of chapter 26-5B , any parent subject to a court order of this state or subject to the jurisdiction of a court of this state pursuant to chapter 26-5B relating to visitation, custody, or child support may request the court to enter an order implementing the standard visitation guidelines. If the request is made in a child support proceeding, compliance with chapter 26-5B , including appropriate notice and an opportunity to be heard, if not previously provided, is required. The request shall be in writing and shall include a copy of the existing order establishing custody, visitation, or support and provide a current address of the responding party. Upon filing of the written request, the moving party shall serve a copy of the standard guidelines, together with a copy of the request and provide notice that absent an objection, the guideline visitation shall be imposed. The notice shall provide instructions as to the manner in which objections may be made. The service of such notice shall be deemed complete when an affidavit of the service of such notice and of the particular mode thereof, duly signed and verified by the person or officer making the service, shall have been filed with the court and such record or affidavit shall be presumptive evidence of the completed service of the notice herein required. If a party objects to the imposition of the standard guidelines within ten days of service, the court shall conduct an expedited hearing as soon as practical. Based upon the evidence presented at the hearing, the court may order the parties to abide by the standard visitation guidelines or may order any other relief as it deems appropriate.

Source: SL 2006, ch 140, § 1; SL 2008, ch 128, § 1; SL 2009, ch 278 (Supreme Court Rule 08-08), eff. Nov. 1, 2008; SL 2012, ch 140, § 1.
S.D. Codified Laws § 25-4A-38 — SD Code / Title 25 / Chapter 4A / Section 25-4A-38
Form of custody evaluations
Status: in_force

(1) Use interview, assessment, and testing procedures that are consistent with generally accepted clinical, forensic, scientific, diagnostic, or medical standards;

(2) Complete a fact-finding investigation;

(3) Interview service providers and other collateral sources (teachers, psychologists, psychiatrists, doctors, nurses, neighbors, and others) who are knowledgeable about the child and family; and

(4) Administer or obtain psychological evaluations only upon receiving a court order or an agreement between the parties. Psychological evaluations must only be administered and interpreted by a licensed expert.

(1) The procedures employed during the evaluation;

(2) The data collected as permitted by professional standards;

(3) Testing results;

(4) An explanation of any limitations in the evaluation or any reservations of the professional regarding the resulting recommendations;

(5) Verification of each statement of material fact upon which the evaluator relied and the sources of verification, or alternatively, the inability to verify material facts and reasons therefore;

(6) The amount of time spent with each party and child; and

(7) Application and discussion of each of the factors set forth in § 25-4A-24 .

Commission Note: By order dated June 3, 2026, the Supreme Court delayed the effective date of Rule 26-07 from July 1, 2026, to December 31, 2026.

Source: SL 2026, ch 249 (Supreme Court Rule 26-07), eff. Dec. 31, 2026.
S.D. Codified Laws § 25-8-50 — SD Code / Title 25 / Chapter 8 / Section 25-8-50
Voluntary hospital-based paternity establishment program
Status: in_force

Upon the birth of a child to an unmarried woman, and prior to discharge, any hospital, physician, health care provider, midwife, or nurse who assists in the birth of the child shall:

(1) Provide an opportunity for the child's mother and alleged father to sign under oath an affidavit of paternity; and

(2) Provide to the mother and to the alleged father, any necessary oral, video, audio, or written information furnished by the Department of Social Services which describes, among other things, the rights and responsibilities of parentage; the benefits of having the child's paternity established; the alleged father's legal rights and responsibilities, including his right to request genetic testing; the child's right to receive child support; that a signed affidavit of paternity creates a rebuttable presumption of paternity; that a signed affidavit of paternity allows the establishment of a support obligation without requiring further proceedings to establish paternity; and, that completion of the affidavit of paternity is voluntary and is not required of either the mother or the alleged father.

If obtained, the fully completed, signed, and notarized original affidavit of paternity shall be forwarded to the Department of Health as provided in chapter 34-25 within seven days following the birth of the child.

Source: SL 1994, ch 204, § 1; SL 1997, ch 155, § 32; SL 1998, ch 157, § 10.
S.D. Codified Laws § 25-4A-26 — SD Code / Title 25 / Chapter 4A / Section 25-4A-26
No presumption of joint physical custody
Status: in_force

Nothing in §§ 25-4A-21 to 25-4A-27 , inclusive, creates a presumption of joint physical custody. The court shall determine the appropriate physical care, custody, and control of a minor child based on a determination of the best interests of the child.

Source: SL 2014, ch 122, § 6.
S.D. Codified Laws § 25-1-30 — SD Code / Title 25 / Chapter 1 / Section 25-1-30
Persons authorized to solemnize marriages
Status: in_force

Marriage may be solemnized by a justice of the Supreme Court, a judge of the circuit court, a magistrate, a mayor, either within or without the corporate limits of the municipality from which the mayor was elected, or any person authorized by a church to solemnize marriages.

Source: SDC 1939, § 14.0110; SL 1959, ch 50, § 2; SL 1976, ch 30, § 2; SL 2003, ch 143, § 1.
S.D. Codified Laws § 25-6-5 — SD Code / Title 25 / Chapter 6 / Section 25-6-5
Consent of child over twelve required
Status: in_force

The consent of the child, if over the age of twelve years, is necessary to its adoption.

Source: SDC 1939, § 14.0404.
S.D. Codified Laws § 25-5A-35 — SD Code / Title 25 / Chapter 5A / Section 25-5A-35
Surrender of newborn--Parental rights termination hearing
Status: in_force

Sixty days after the emergency services provider or licensed child placement agency accepts physical custody of the newborn, a hearing must be held in circuit court to terminate parental rights.

Source: SL 2001, ch 132, § 9; SL 2004, ch 2, § 7; SL 2025, ch 107, § 10.
S.D. Codified Laws § 25-7A-32 — SD Code / Title 25 / Chapter 7A / Section 25-7A-32
Amount withheld for support and arrearage
Status: in_force

The amount actually withheld for support and arrearage may not be in excess of fifty percent of wages, salaries, commissions, bonuses, compensation as an independent contractor, workers compensation, reemployment assistance or unemployment compensation, or disability benefits. However, the total amount of arrearage may be withheld from personal property, money, and credits, or other income not otherwise exempt herein.

Source: SL 1986, ch 218, § 31; SL 2019, ch 216, § 31.
S.D. Codified Laws § 25-5-27 — SD Code / Title 25 / Chapter 5 / Section 25-5-27
Rescission of declaration of emancipation
Status: in_force

A minor declared emancipated under § 25-5-26 or 25-5-19 or his conservator may petition the circuit court of the county in which he resides to rescind the declaration.

Before the petition is heard, such notice as the court deems reasonable shall be given to the minor's parents or guardian or proof made to the court that their addresses are unknown, or that for other reasons such notice cannot be given. However, no liability may accrue to any parent or guardian not given actual notice, as a result of rescission of the declaration of emancipation, until such parent or guardian is given actual notice.

The court shall sustain the petition and rescind the declaration of emancipation if it finds that the minor is indigent and has no means of support.

If the petition is sustained, the court shall forthwith issue a court order rescinding the declaration of emancipation granted under § 25-5-26 , which shall be filed by the clerk of court.

Rescission of the declaration of emancipation does not alter any contractual obligations or rights or any property rights or interests which arose during the period that the declaration was in effect.

Source: SL 1991, ch 211, § 4.
S.D. Codified Laws § 25-6-18 — SD Code / Title 25 / Chapter 6 / Section 25-6-18
Petition for adoption of adult--Consent--Residence requirement
Status: in_force

An adult may adopt another adult by filing a petition requesting the adoption with the judge of the circuit court, together with an agreement in writing that the person being adopted shall be treated in all respects as a natural child of the petitioner. Written consent of the adopted person shall also be required. It shall be a further prerequisite that the person being adopted shall have lived in the home of the adoptive parent for a period of at least six months while the person being adopted was under twenty-one years of age, and this fact shall appear in the petition. If the person being adopted is the biological child of the adoptive parent, the prerequisite of living in the home of the adoptive parent during the person's minority is waived.

Source: SDC 1939, § 14.0406 as added by SL 1961, ch 216; SL 2015, ch 146, § 1; SL 2019, ch 122, § 1.
S.D. Codified Laws § 25-4B-305 — SD Code / Title 25 / Chapter 4B / Section 25-4B-305
Effect of prior judicial order or agreement
Status: in_force

In a proceeding for a grant of custodial responsibility pursuant to this Article, the following rules apply:

(1) A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of law of this state other than this chapter for modifying a judicial order regarding custodial responsibility;

(2) The court shall enforce a prior written agreement between the parents for designating custodial responsibility in the event of deployment, including an agreement executed under Article 2, unless the court finds that the agreement is contrary to the best interest of the child.

Source: SL 2014, ch 123, § 17.
S.D. Codified Laws § 25-2-13 — SD Code / Title 25 / Chapter 2 / Section 25-2-13
Alteration of legal relations by husband and wife--Separation and support agreements
Status: in_force

A husband and wife cannot by any contract with each other alter their legal relations, except as to property, and except that they may agree in writing to an immediate separation and may make provision for the support of either of them and of their children during such separation. The mutual consent of the parties is sufficient consideration for such separation agreement.

Source: SDC 1939, § 14.0202.
S.D. Codified Laws § 25-6A-7 — SD Code / Title 25 / Chapter 6A / Section 25-6A-7
Required content of compact
Status: in_force

A compact entered into pursuant to this chapter shall have the following content:

(1) A provision making it available for joinder by all states;

(2) A provision for withdrawal from the compact upon written notice to the parties, but with a period of one year between the date of the notice and the effective date of the withdrawal;

(3) A requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption assistance from a party state other than the one in which they are resident and have their principal place of abode;

(4) A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance and that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents and the state agency providing the adoption assistance; and

(5) Such other provisions as may be appropriate to implement the proper administration of the compact.

Source: SL 1990, ch 187, § 5.
S.D. Codified Laws § 25-10-12.5 — SD Code / Title 25 / Chapter 10 / Section 25-10-12.5
Affirmative defense
Status: in_force

Failure to satisfy any of the requirements of § 25-10-12.1 is an affirmative defense to any prosecution for a violation of the foreign domestic violence protection order or any process filed seeking enforcement of the order in this state.

Source: SL 2003, ch 148, § 5.
S.D. Codified Laws § 25-5A-7.2 — SD Code / Title 25 / Chapter 5A / Section 25-5A-7.2
Medical and social history form required prior to termination--Filing--Copy available to adoptive parent--Failure to comply does not void termination
Status: in_force

Prior to the giving of consent to voluntary termination of parental rights, the parent shall complete a medical and social history form which shall be supplied by the Department of Social Services. When completed such form shall be filed with the court of the state where the medical history portion of the adoption proceedings shall take place. A copy of the completed form shall be made available to the adoptive parent prior to finalization of the adoption and to the adoptee upon reaching the age of eighteen years upon written request and proper proof of identification. No voluntary termination of parental rights heretofore or hereafter entered by any circuit court is void or inoperative due to failure to comply with this section.

Source: SL 1977, ch 205, § 3; SL 1982, ch 193; SL 1994, ch 196, § 1.
S.D. Codified Laws § 25-10-44 — SD Code / Title 25 / Chapter 10 / Section 25-10-44
Mental illness hold--Release
Status: in_force

Notwithstanding § 25-10-40 , if the police officer or sheriff believes that the domestic abuse perpetrator has a severe mental illness that makes the person an imminent danger to self or others, the officer or sheriff may initiate a mental illness hold under § 27A-10-3 and transport the person to an appropriate regional facility as described in that section and in accordance with the provisions set forth in title 27A. This section is not a substitution for an arrest under the provisions of this chapter, and the person shall be released only to the custody of law enforcement or a law enforcement agency if the mental illness hold is released.

Source: SL 2017, ch 113, § 1.
S.D. Codified Laws § 25-9C-211 — SD Code / Title 25 / Chapter 9C / Section 25-9C-211
Continuing, exclusive jurisdiction to modify spousal support order
Status: in_force

(a) A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.

(b) A tribunal of this state may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.

(c) A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as:

(1) An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state; or

(2) A responding tribunal to enforce or modify its own spousal support order.

Source: SL 2015, ch 148, § 211.
S.D. Codified Laws § 25-7A-62 — SD Code / Title 25 / Chapter 7A / Section 25-7A-62
Notice to obligor of national medical support notice--Procedure and grounds for contesting enrollment
Status: in_force

The department shall notify the obligor of its issuance of a national medical support notice and further advise the obligor of the procedures to contest the enrollment and withholding of premiums. An obligor may contest the enrollment and withholding of premiums by filing a written request for administrative review with the department within ten days after service of the notice. The grounds for contesting shall be based upon a mistake of fact and limited to the proper identity of the obligor, or a dispute concerning the responsibility of the obligor to provide health insurance coverage for the dependent child pursuant to an order for support. The employer shall continue to withhold premiums until it receives notice that the contest is resolved and the obligor is not responsible for the child's health insurance coverage. The employer shall also provide the department written notification of termination of employment within five days of the obligor's termination date.

Any employer who intentionally fails to comply with any duties imposed by this section commits a petty offense.

Source: SL 2002, ch 128, § 3.
S.D. Codified Laws § 25-9C-313 — SD Code / Title 25 / Chapter 9C / Section 25-9C-313
Costs and fees
Status: in_force

(a) The petitioner may not be required to pay a filing fee or other costs.

(b) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or responding state or foreign country, except as provided by other law. Attorney's fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses.

(c) The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding pursuant to Article 6, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.

Source: SL 2015, ch 148, § 313.
S.D. Codified Laws § 25-6-7 — SD Code / Title 25 / Chapter 6 / Section 25-6-7
Venue of adoption proceedings
Status: in_force

A petition for adoption may be filed in the circuit court for any of the following counties:

(1) The county in which the adopting parent resides;

(2) The county in which the authorized agency having care, custody, or control, whether legal or physical, of the child involved is located; or

(3) The county in which the child involved was born or resides.

Source: SDC 1939, § 14.0405; SL 1951, ch 42, § 1; SL 2026, ch 120, § 1.
S.D. Codified Laws § 25-4-45.3 — SD Code / Title 25 / Chapter 4 / Section 25-4-45.3
Adoption of fee schedule for home studies or investigations ordered by court in custody proceedings
Status: in_force

The secretary of social services may, pursuant to chapter 1-26 , adopt a schedule of fees for home studies or investigations ordered by the court in custody proceedings. The fees may not exceed actual costs and shall be based on the ability of the parties involved to pay for the home studies or investigations. The fees so adopted shall apply only to custody issues relating to or resulting from divorce or separate maintenance proceedings and shall not impose any fee or charges against the Unified Judicial System.

Source: SL 1987, ch 188.
S.D. Codified Laws § 25-7A-5 — SD Code / Title 25 / Chapter 7A / Section 25-7A-5
Notice of support debt--Service on parent--Contents of notice
Status: in_force

The secretary of social services may initiate an action for support by issuing a notice of a support debt, which shall be served without summons or other pleadings on the alleged responsible parent in the manner provided for service of a summons in a civil action or by certified mail, return receipt requested. The notice, whether based on subrogation power of attorney, assignment of a support obligation established by a court, administrative order, or judgment, or based on the furnishing of assistance by the Department of Social Services for any dependent child or custodian, or based on the obligation fixed by chapter 25-7 , or support due to a custodian or another state who has applied for support enforcement services, shall contain the following statements:

(1) The name of the dependent child or custodian for whom support is owed;

(2) The monthly support for which the parent is responsible, including a statement of the debt accrued and accruing, and the monthly payment to be made on the state debt accrued, or due to a custodian or another state who has applied for support enforcement services, as established by:

(a) Subrogation to or assignment of a court or administrative order, judgment or decree establishing a set or determinable amount of child or spousal support; or

(b) Payment of assistance by the department for a dependent child or custodian where there is no court or administrative order, judgment or decree;

(3) A statement that if the parent does not request a hearing within ten days from the day of service, the secretary:

(a) Shall request the court enter an order establishing the amount of child support, accrued and accruing, which the parent is responsible for and the amount of the total monthly payment due on the accrued debt to the state, or to a custodian or another state who has applied for support enforcement services, and on the monthly support obligation;

(b) Shall request that the court enter an order for medical support;

(c) May request that the court enter an order for genetic testing costs; and

(d) May request that the court enter an order adjudicating paternity and custody of the child;

(4) A statement that the parent served with a notice of support debt may, within ten days of the day of service of the notice of support debt, submit a written response to the notice objecting to all or any part of the notice and requesting a hearing;

(5) A statement that an order entered under subdivision (3) of this section, establishing the payment obligation of the parent is subject to collection action, including an order for income withholding under this chapter, levy and execution under the laws of this state or any other collection actions authorized by law;

(6) A reference to this chapter;

(7) A statement that an order for support entered under this chapter is filed with the appropriate clerk of courts and is a lien as provided by law;

(8) A statement that if the parent has any questions the parent may telephone or visit the nearest department office or consult an attorney;

(9) A statement that the parent has an obligation to report any change of address or employment to the department; and

(10) Any other information the secretary finds appropriate.

Source: SL 1982, ch 196, § 5; SL 1986, ch 218, § 6; SL 1989, ch 175, § 3; SL 1995, ch 144, § 1; SL 1997, ch 155, § 6; SL 2001, ch 134, § 1; SL 2009, ch 130, § 13; SL 2013, ch 119, § 8.
S.D. Codified Laws § 25-5-24 — SD Code / Title 25 / Chapter 5 / Section 25-5-24
Emancipated minor defined
Status: in_force

Any person under the age of eighteen years who:

(1) Has entered into a valid marriage, whether or not such marriage was terminated by dissolution; or

(2) Is on active duty with any of the armed forces of the United States of America; or

(3) Has received a declaration of emancipation pursuant to § 25-5-26 ;

Source: SL 1991, ch 211, § 1.
S.D. Codified Laws § 25-1-13.1 — SD Code / Title 25 / Chapter 1 / Section 25-1-13.1
Marriage of minor--Court approval process--Written findings--Thirty-day waiting period
Status: in_force

If a court order is sought for the marriage of a minor pursuant to § 25-1-13 , the court must conduct an in-person hearing with both applicants for the marriage license present and meet privately with each applicant.

The court shall consider and make written findings regarding:

(1) The safety, maturity, and long-term welfare of the minor applicant, or minor applicants, as applicable; and

(2) Whether the marriage is entered into freely, without coercion, fraud, or undue influence.

A marriage license may not be issued until thirty days after judicial approval is granted.

Source: SL 2026, ch 118, § 3.
S.D. Codified Laws § 25-6-16 — SD Code / Title 25 / Chapter 6 / Section 25-6-16
Change of name by adopted child--Relationship with adoptive parent
Status: in_force

A child, when adopted, may take the family name of the person adopting. After adoption the two shall sustain towards each other the legal relation of parent and child and have all the rights and be subject to all the duties of that relation.

Source: SDC 1939, § 14.0407; SL 1943, ch 50; SL 1945, ch 47, § 2.
S.D. Codified Laws § 25-7A-15 — SD Code / Title 25 / Chapter 7A / Section 25-7A-15
Payor holding amount in excess of debt--Release of excess to obligor
Status: in_force

If any payor has income, deposits, accounts, or balances in excess of the amount of the debt claimed by the Department of Social Services or any support obligee, the payor may, without liability under this chapter, release the excess to the obligor.

Source: SL 1982, ch 196, § 15; SL 1986, ch 218, § 17.
S.D. Codified Laws § 25-3-2 — SD Code / Title 25 / Chapter 3 / Section 25-3-2
Unsound mind as ground--Party bringing action--Time of action
Status: in_force

A marriage may be annulled by an action in the circuit court to obtain a decree of nullity if either party was of unsound mind at the time of the marriage, unless such party, after coming to reason, freely cohabitated with the other as husband or wife. An action to obtain a decree of nullity of marriage for causes mentioned in this section must be commenced by the party injured, or relative or guardian of the party of unsound mind, at any time before the death of either party.

Source: SDC 1939, §§ 14.0601 (3), 14.0602 (3).
S.D. Codified Laws § 25-7A-56.11 — SD Code / Title 25 / Chapter 7A / Section 25-7A-56.11
Title IV-D agency as payee
Status: in_force

In any case in which any Title IV-D agency is providing child support enforcement or income withholding services, the Title IV-D agency may direct any obligor or other payor to change the payee to the Title IV-D agency, or other appropriate entity. The Department of Social Services may also redirect support payments as allowed by this section to meet the requirements of § 25-7A-3.2 . The Title IV-D agency or department shall notify the obligor, the obligee, and the clerk of court of any change.

Source: SL 1997, ch 155, § 30; SL 1998, ch 157, § 9.
S.D. Codified Laws § 25-6-15.2 — SD Code / Title 25 / Chapter 6 / Section 25-6-15.2
Nonidentifying information--Release to adoptive parent or adoptee
Status: in_force

Nonidentifying information, if known, shall be made available to the adoptive parent, or to the adoptee upon reaching the age of eighteen, upon written request and proper proof of identification. This information or any part thereof may be withheld only if it is of such a nature that it would tend to identify a biological relative of the adoptee.

For the purposes of §§ 25-6-15 to 25-6-15.3 , inclusive, nonidentifying information is:

(1) The age of the natural parents at the time of the birth of the adoptee. However, this does not include the dates of birth of the parents;

(2) The heritage of the natural parents, which includes nationality, ethnic background, and race;

(3) The education, which shall be number of years of school completed by the natural parents at the time of the birth of the adoptee;

(4) The general physical appearance of the natural parents at the time of the birth of the adoptee in terms of height, weight, color of hair, eyes, skin, and other information of a similar nature;

(5) The talents, hobbies, and special interests of the natural parents;

(6) The existence of any other children born to either natural parent before the birth of the adoptee;

(7) Whether it was a voluntary or involuntary termination of parental rights;

(8) The religion of the natural parents;

(9) The occupation of natural parents in general terms;

(10) The health history of natural parents and blood relatives; and

(11) The relationship between the natural parents.

Source: SL 1985, ch 208, § 2.
S.D. Codified Laws § 25-9C-704 — SD Code / Title 25 / Chapter 9C / Section 25-9C-704
Initiation by department of support proceeding under Convention
Status: in_force

(a) In a support proceeding pursuant to this Article, the Department of Social Services of this state shall:

(1) Transmit and receive applications; and

(2) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.

(b) The following support proceedings are available to an obligee under the Convention:

(1) Recognition or recognition and enforcement of a foreign support order;

(2) Enforcement of a support order issued or recognized in this state;

(3) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;

(4) Establishment of a support order if recognition of a foreign support order is refused pursuant to subsection 25-9C-708(b)(2), (4), or (9);

(5) Modification of a support order of a tribunal of this state; and

(6) Modification of a support order of a tribunal of another state or a foreign country.

(c) The following support proceedings are available under the Convention to an obligor against which there is an existing support order:

(1) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;

(2) Modification of a support order of a tribunal of this state; and

(3) Modification of a support order of a tribunal of another state or a foreign country.

(d) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.

Source: SL 2015, ch 148, § 704.