reglab/housing_qa huggingface dataset:
SD Codified L § 25-7-38 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07 - Support Obligations|Section 25-7-38 - Late fee for certain chronically delinquent child support payments.

25-7-38. Late fee for certain chronically delinquent child support payments.An obligor found to be chronically delinquent in child support payments or installments as required under an order for support, as defined in §25-7A-1, is subject to a late payment fee equal to ten percent of the ordered child support or fifty dollars, whichever is greater, for each month in the preceding twelve months that the payment was ten or more days delinquent or the payment was less than ninety percent of the ordered child support. Any obligee seeking the late payment fee shall file in the office of the clerk of courts of the county in which the order was filed, or in a county in which a transcript of the order is filed and docketed, a petition showing the date of receipt of each month of delinquent payment, the amount received, and the amount due and requesting that a late fee be ordered. Upon filing of the petition, the obligee shall serve, by certified mail or as otherwise provided by law, a copy of the petition to the obligor. The service of such notice shall be deemed complete when proof of the service is filed with the court. The obligor has ten days from service to object to the imposition of a late fee. If a party objects within ten days of service the court shall conduct a hearing as soon as practical. The obligor has the burden of showing an inability to timely pay child support payments or installments as required under an order of support. Based upon the evidence presented at the hearing, the court may order the obligor to pay a late fee or may order any other relief as it deems appropriate. Source: SL 2009, ch 135, §2.
SD Codified L § 25-7A-2 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07A - Collection Of Child Support|Section 25-7A-2 - Public assistance to dependent child deemed debt of person responsible for support--Establishment of amount of debt--Public assistance recipient does not incur debt.

25-7A-2. Public assistance to dependent child deemed debt of person responsible for support--Establishment of amount of debt--Public assistance recipient does not incur debt.Any payment of public assistance made to or for the benefit of any dependent child creates a debt due to the state, by the person or persons who are responsible for support of the children, in an amount equal to the amount of public assistance money paid. If there is a court order, administrative order, or final decree of divorce, the debt is limited to the amount of the order or decree including the full amount of all payments in arrears under the order or decree. The secretary of social services may, if the debt is not established by order, limit the debt to an amount consistent with the debtor's ability to pay, both as to amounts accrued and accruing during any period in which public assistance payments are made. The Department of Social Services may petition the appropriate court for modification of a court order on the same grounds as either party to the cause. A person receiving public assistance for the benefit of a dependent child does not incur a debt under this chapter for the period the person received assistance. Source: SL 1982, ch 196, §2; SL 1986, ch 218, §2.
SD Codified L § 25-7A-3 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07A - Collection Of Child Support|Section 25-7A-3 - Subrogation right of department.

25-7A-3. Subrogation right of department.The Department of Social Services is a party in interest and is subrogated to the right of any dependent child or custodian to prosecute or maintain any support action or execute any administrative remedy existing under the laws of this state to obtain reimbursement of public money expended for or on behalf of the child. If a court order, administrative order, or final decree of divorce enters judgment for an amount of support to be paid by a parent or other responsible person, the department is subrogated to the debt created by such order, and any money judgment shall be in favor of the department. Source: SL 1982, ch 196, §3; SL 1986, ch 218, §3; SL 2013, ch 119, §6.
SD Codified L § 25-7A-3.1 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07A - Collection Of Child Support|Section 25-7A-3.1 - Designation of Department of Social Services as state child support case registry--Duties.

25-7A-3.1. Designation of Department of Social Services as state child support case registry--Duties.Beginning October 1, 1998, the Department of Social Services is designated as the state child support case registry, and shall collect, maintain, update, and monitor child support enforcement records by use of an automated system, for all child support orders being enforced by the department and all support orders entered or modified in the state on or after October 1, 1998.The state case registry shall extract, share, compare, and receive child support information from other data bases, and furnish and exchange information with the federal case registry of child support orders, the federal parent locator service, other state agencies, and other states to facilitate the establishment or enforcement of child support orders.The department may adopt rules pursuant to chapter 1-26 to implement the provisions of this section. Source: SL 1997, ch 155, §2; SL 1998, ch 157, §2.
SD Codified L § 25-7A-3.2 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07A - Collection Of Child Support|Section 25-7A-3.2 - Designation of Department of Social Services as state child disbursement unit--Collection and disbursement procedures.

25-7A-3.2. Designation of Department of Social Services as state child disbursement unit--Collection and disbursement procedures.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.
SD Codified L § 25-7A-3.3 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07A - Collection Of Child Support|Section 25-7A-3.3 - State directory of new hires--Reporting requirements--Multistate employers--Use of information by department.

25-7A-3.3. State directory of new hires--Reporting requirements--Multistate employers--Use of information by department.By October 1, 1997, the Department of Social Services shall establish a state directory of new hires. The department may enter into cooperative agreements with other state agencies to satisfy the provisions of this section. Effective October 1, 1997, every employer within the state shall furnish to the directory of new hires a report of any newly hired employee which includes the name, address, and social security number of the employee, and the employer's name, address, and identification number as assigned by the Internal Revenue Service.The report shall be transmitted by the employer to the state directory of new hires no later than twenty days after the date the employer hires the employee, or if the employer transmits the report magnetically or electronically, by two monthly transmissions, not less than twelve days nor more than sixteen days apart. Each report shall be made on a W-4 form or an equivalent form, and may be transmitted by first class mail, magnetically, or electronically. No report may be filed with respect to any employee of a state or local agency performing intelligence or counterintelligence functions, if the head of the agency has determined that filing of the report could endanger the safety of the employee or compromise an ongoing investigation or mission.Multistate employers which have employees who are employed in two or more states and which transmit reports magnetically or electronically may comply with the requirements of this section by designating one state in which the employer will transmit the required report. Any multistate employer who elects to report in this manner shall notify the secretary of the Department of Health and Human Services in writing as to which state the employer will transmit the report.The department shall use all information received from employers to locate any person for purposes of establishing paternity; establishing, modifying, or enforcing child support obligations; furnishing information to the national directory of new hires; verifying eligibility for the department's programs; and, shall provide state agencies operating employment security and workers' compensation programs with access to any information reported by employers. Any employer who intentionally fails to comply with any duties imposed by this section commits a petty offense. The Department of Social Services or the Department of Labor and Regulation, or both, may adopt rules pursuant to chapter 1-26 to implement the provisions of this section. Source: SL 1997, ch 155, §4; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 25-7A-4 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07A - Collection Of Child Support|Section 25-7A-4 - Statement required of certain parents.

25-7A-4. Statement required of certain parents.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.
SD Codified L § 25-7A-6 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07A - Collection Of Child Support|Section 25-7A-6 - Hearing requested by parent--Referee's report--Objections--Order of court--Service--Objection to court's modification.

25-7A-6. Hearing requested by parent--Referee's report--Objections--Order of court--Service--Objection to court's modification.If a parent served with a notice of support debt under §25-7A-5 makes a timely request for a hearing, the secretary of social services shall file the notice of support debt, proof of service thereof, and response thereto in the office of the clerk of the circuit court in the county of residence of that parent. The matter shall be set for hearing before a referee who is a member in good standing of the State Bar Association and is appointed by the court, pursuant to statute, and after due notice to all parties by first class mail. The referee shall make a report to the court, recommending the amount of the debt due to the state, if any, and the monthly support obligation of the parent and the arrearage debt due to the obligee or another state who has applied for support enforcement services, the provision of medical support, or genetic testing costs.The referee shall file the report with the court and cause copies thereof to be served by mailing to the parties and the secretary. Any party shall have ten days from the date of service of the report in which to file objections to the report. If a party files an objection, the other party shall have an additional five days from the date of service of the objections to file additional objections. If no objection is filed, the circuit court may thereafter, and without further notice, enter its order. If any objection is filed, the circuit court shall fix a date for hearing on the report, the hearing to be solely on the record established before the referee. The circuit court may thereafter adopt the referee's report, or may modify it, or may reject and remand it with instructions or for further hearing. The secretary shall serve the parent the court's order by certified mail, return receipt requested, at the parent's last known address, and shall file proof of service.If the circuit court's order modifies the referee's report and no hearing was held before the court before entry of its order, any party has ten days from the date of service of the order in which to file an objection to that modification. If an objection is filed, the circuit court shall fix a date for hearing on the objection and after the hearing shall enter its order. The secretary shall serve the order by certified mail, return receipt requested, at the parent's last known address, and shall file proof of service. Source: SL 1982, ch 196, §6; SL 1986, ch 218, §7; SL 1989, ch 175, §4; SL 1991, ch 213, §1; SL 1995, ch 144, §2; SL 2005, ch 134, §7; SL 2009, ch 130, §14.
SD Codified L § 25-7A-6.1 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07A - Collection Of Child Support|Section 25-7A-6.1 - Notice to department of parent's address and employment information.

25-7A-6.1. Notice to department of parent's address and employment information.An order for support shall include a provision requiring each parent to notify the department of the parent's current address and the name and address of the parent's current employer. The order shall also require each parent to notify the department of a change in the parent's address or employment within seven business days of the change. A child support referee may mail any notice required by §§25-7A-6 and 25-7A-22 to a parent's last known address on file with the department. Source: SL 2013, ch 119, §12.
SD Codified L § 25-7A-6.2 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07A - Collection Of Child Support|Section 25-7A-6.2 - Time for furnishing documents required by referee--Inspection and copying by parties.

25-7A-6.2. Time for furnishing documents required by referee--Inspection and copying by parties.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.
SD Codified L § 25-7A-7 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07A - Collection Of Child Support|Section 25-7A-7 - Secretary's application for support order--Court order--Service.

25-7A-7. Secretary's application for support order--Court order--Service.If a parent is served with a notice of support debt under §25-7A-5 and does not request a hearing within ten days, the secretary of social services shall file, in the office of the appropriate clerk of the circuit court, the notice of support debt, proof of service thereof, and an application for an order for support. The court shall enter an order for support in accordance with the child support guidelines set by statute, establishing the amount of child support, accrued and accruing, for which the parent is responsible and the amount of the total monthly payment due on the accrued debt to the state, or to an obligee or another state who has applied for support enforcement services, and on the monthly support obligation. The court shall enter an order for medical support, and may enter an order for genetic testing costs, adjudicating the paternity of the child, or establishing custody of the child. The secretary shall serve the parent an order by certified mail, return receipt requested, at the parent's last known address, and shall file proof of service. Source: SL 1982, ch 196, §7; SL 1986, ch 218, §8; SL 1989, ch 175, §5; SL 1995, ch 144, §3; SL 2001, ch 134, §2; SL 2009, ch 130, §15.
SD Codified L § 25-7A-8 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07A - Collection Of Child Support|Section 25-7A-8 - Circuit court action to contest paternity or custody.

25-7A-8. Circuit court action to contest paternity or custody.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.
SD Codified L § 25-7A-10.1 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07A - Collection Of Child Support|Section 25-7A-10.1 - Filing of action involving previous support order.

25-7A-10.1. Filing of action involving previous support order.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.
SD Codified L § 25-7A-14 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07A - Collection Of Child Support|Section 25-7A-14 - Interest on support debt or judgment.

25-7A-14. Interest on support debt or judgment.The Department of Social Services or any support obligee may collect interest on the unpaid principal balance of a support debt or judgment for support at the Category D rate of interest as established in §54-3-16. Source: SL 1982, ch 196, §14; SL 1986, ch 218, §16.
SD Codified L § 25-7A-15 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07A - Collection Of Child Support|Section 25-7A-15 - Payor holding amount in excess of debt--Release of excess to obligor.

25-7A-15. Payor holding amount in excess of debt--Release of excess to obligor.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.
SD Codified L § 25-7A-16 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07A - Collection Of Child Support|Section 25-7A-16 - Grounds for release of lien.

25-7A-16. Grounds for release of lien.The secretary of social services may release and satisfy a lien on all or part of the property or income of the obligor or return seized property or income without liability, if assurance of payment is adequate, if the action facilitates the collection of the debt, or if the obligor provides surety satisfactory to the secretary. The release or satisfaction does not operate to prevent future action to collect from the same or other property or income of the obligor. Source: SL 1982, ch 196, §16; SL 1986, ch 218, §18.
SD Codified L § 25-7A-17 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07A - Collection Of Child Support|Section 25-7A-17 - Agreement between parents relieving duty of support--Rights of department or support obligee not terminated.

25-7A-17. Agreement between parents relieving duty of support--Rights of department or support obligee not terminated.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.
SD Codified L § 25-7A-18 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07A - Collection Of Child Support|Section 25-7A-18 - Cooperation between public agencies.

25-7A-18. Cooperation between public agencies.The secretary of social services may request the cooperation of any public agency, as defined by subdivision 1-24-1(2) and public agencies shall cooperate in locating absent parents, in providing information about the income, resources, and property of a parent, and in providing any other information necessary for the Department of Social Services to perform its functions under this chapter. Source: SL 1982, ch 196, §18.
SD Codified L § 25-7A-19 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07A - Collection Of Child Support|Section 25-7A-19 - Department as administrator.

25-7A-19. Department as administrator.The department is the designated public agency for the administration of this chapter. Source: SL 1986, ch 218, §44.
SD Codified L § 25-7A-20 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 07A - Collection Of Child Support|Section 25-7A-20 - Enforcement of spousal support obligation.

25-7A-20. Enforcement of spousal support obligation.The department shall enforce the support obligation due to a spouse or former spouse who is living with the dependent child, but only if a spousal support obligation has been established by court order for the spouse or former spouse and the child support obligation is also being enforced by the department. Source: SL 1986, ch 218, §5; SL 2013, ch 119, §9.