Although the provision at issue may not be necessary, it does not require an obligor to make any current support payments which are not already the subject of a court order. Further, this provision does not require an obligor to waive any rights regarding payment of his court ordered child support. The stipulation provides a means by which the State could return to Circuit Court to enforce the child support obligations by seeking to cancel or suspend a drivers license issued as a result of such stipulation. Both plaintiffs and defendants agree the standard to be applied in this case is the rational basis test because no fundamental right or suspect class is implicated. See City of Cleburne v. Cleburne Living Ctr.
Plaintiffs concede collection of past due child support is a legitimate state interest.
They argue, however, that classifications drawn by the statute are not rationally related to such interest. 12-116 was adopted as a social and economic measure to help both the children residing in South Dakota and the State of South Dakota to collect support payments due to them. However the Court does not find such treatment is so unrelated to the achievement of the legitimate purpose of collecting child support so as to he irrational. 26, is denied. 30, is granted.