reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-60 - Garnishment of wages for state expenditures for dependent child under the medical assistance program.

25-7A-60. Garnishment of wages for state expenditures for dependent child under the medical assistance program.
The Department of Social Services may garnish wages, salary, earnings, or other employment income of the obligor, pursuant to the provisions of chapter 21-18 or applicable provisions of this chapter, to reimburse the state for any expenditures made on behalf of a dependent child under the medical assistance program in order to recover any money received by the obligor from third-party liability sources which are necessary to reimburse either the custodial parent or the provider of the medical services for expenditures made or services rendered on behalf of a dependent child for covered medical services under the obligor's group or private family health insurance plan. Any claims for current or past-due child support obligations shall have priority over claims for expenditures made under the Title XIX medical assistance program as set out in this section.
Source:
SL 1994, ch 387, §18; SL 2019, ch 127, §3.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-61 - Promulgation of rules to notify insurers and employers of child support orders that include medical support.

25-7A-61. Promulgation of rules to notify insurers and employers of child support orders that include medical support.
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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-62 - Notice to obligor of national medical support notice--Procedure and grounds for contesting enrollment.

25-7A-62. Notice to obligor of national medical support notice--Procedure and grounds for contesting enrollment.
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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 08 - Paternity Proceedings › Section 25-8-3 - Liability for pregnancy, childbirth, and postpartum expenses.

25-8-3. Liability for pregnancy, childbirth, and postpartum expenses.
The father and mother of a child born out of wedlock are jointly and severally liable to pay the reasonable expenses related to the mother's:
(1)Pregnancy or prenatal care for the child;
(2)Labor and delivery of the child; and
(3)Postpartum recovery and any medical complications arising from pregnancy with the child.
Source: SDC 1939 & Supp 1960, §37.2101; SL 1984, ch 190, §3; SL 1997, ch 155, §31; SL 2023, ch 84, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 08 - Paternity Proceedings › Section 25-8-5 - Custodian's recovery of support from noncustodian--Period support recoverable.

25-8-5. Custodian's recovery of support from noncustodian--Period support recoverable.
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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 08 - Paternity Proceedings › Section 25-8-7 - Proceedings to determine paternity or compel support--Civil action and procedure--Remedies authorized.

25-8-7. Proceedings to determine paternity or compel support--Civil action and procedure--Remedies authorized.
An action to determine paternity or proceedings to compel support by a father, including a proceeding to compel payment of reasonable expenses pursuant to §25-8-3, are civil actions governed by the Rules of Civil Procedure. They are not exclusive of other proceedings that may be available on principles of law or equity.
Upon determining paternity of a child, the court shall give judgment declaring the paternity of the father to the child. The court may award a money judgment to the appropriate party for the recovery of any of the following reasonable expenses:
(1)Those provided in §25-8-3;
(2)For the education, support, or funeral expenses for the child; or
(3)For any other expenses with respect to the child as the court deems reasonable.
The court shall enter an order for the support and custody of the child. The court may require the person ordered to pay support to give reasonable security for providing the support. The court may modify or vacate any order issued pursuant to this section at any time.
Source: SDC 1939 & Supp 1960, §37.2106; SL 1984, ch 190, §7; SL 1988, ch 204; SL 2023, ch 84, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 08 - Paternity Proceedings › Section 25-8-7.1 - Court ordered testing for paternity--Filing of results.

25-8-7.1. Court ordered testing for paternity--Filing of results.
In any action or proceeding in which the parentage of a child is at issue, including disestablishment proceedings pursuant to §25-8-64, upon motion of the court, the department, or any of the interested parties, the court shall, for good cause shown, order the mother, the child, or any alleged father to submit to an examination of blood, tissue, or other bodily substances for the purpose of testing any genetic systems that are generally accepted within the scientific community for the conclusive determination of paternity probability. The results of the tests, together with the opinions and conclusions of the testing laboratory, shall be filed with the court. Upon written agreement of the mother and any presumed or alleged father, tests may be conducted prior to filing of an action. If the action is then filed, the test results shall be filed with the court and admitted into evidence as provided in §25-8-7.3.
Source:
SL 1989, ch 221, §1; SL 1994, ch 204, §13; SL 2001, ch 135, §1; SL 2013, ch 119, §15.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 08 - Paternity Proceedings › Section 25-8-7.2 - Persons authorized to perform test--Liability.

25-8-7.2. Persons authorized to perform test--Liability.
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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 08 - Paternity Proceedings › Section 25-8-7.3 - Test results--Documentation--Filing objections to admissibility.

25-8-7.3. Test results--Documentation--Filing objections to admissibility.
The chain of custody of the blood, tissue, or other bodily substance taken under §§25-8-7.1 and 25-8-7.2 may be established through certified documentation of the change of custody if such documentation was made at or near the time of the change of custody, if it was made in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the documentation. Any objections to the admissibility of the genetic test results shall be made in writing and filed with the court at least twenty days prior to any trial or hearing to establish paternity. If written objections are not filed with the court, the genetic test results are admissible as evidence of paternity without further testimony regarding foundation, accuracy, or authenticity.
Source:
SL 1989, ch 221, §3; SL 1994, ch 204, §15.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 08 - Paternity Proceedings › Section 25-8-8 - Agreement on father's liability not binding unless judicially approved--Other remedies barred when approved and performed.

25-8-8. Agreement on father's liability not binding unless judicially approved--Other remedies barred when approved and performed.
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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 08 - Paternity Proceedings › Section 25-8-9 - Time for bringing proceedings.

25-8-9. Time for bringing proceedings.
Proceedings to establish or disestablish paternity and enforce the obligation of the father may be brought at any time before the eighteenth birthday of the child.
Source:
SDC 1939 & Supp 1960, §37.2131; SL 1983, ch 207, §2; SL 1986, ch 218, §57; SL 1989, ch 222; SL 2013, ch 119, §16.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 08 - Paternity Proceedings › Section 25-8-12 - Timing of proceeding.

25-8-12. Timing of proceeding.
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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 08 - Paternity Proceedings › Section 25-8-46 - Terminology used in records of children born out of wedlock.

25-8-46. Terminology used in records of children born out of wedlock.
In all records, certificates, or other papers hereafter made or executed, other than birth records and certificates or records of judicial proceedings in which the question of birth out of wedlock is at issue, requiring a declaration by or notice to the mother of a child born out of wedlock or otherwise requiring a reference to the relation of a mother to such a child, it shall be sufficient for all purposes to refer to the mother as the parent having the sole custody of the child or to the child as being in the sole custody of the mother, and no explicit reference shall be made to illegitimacy, and the term natural shall be deemed equivalent to the term illegitimate when referring to parentage or birth out of wedlock.
Source:
SDC 1939 & Supp 1960, §37.2134.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 08 - Paternity Proceedings › Section 25-8-49 - Admission of paternity as prima facie evidence.

25-8-49. Admission of paternity as prima facie evidence.
An admission by an alleged father of paternity of a child born out of wedlock, other than completion of an affidavit of paternity which creates a presumption of paternity as specified within this chapter, is prima facie evidence of paternity.
Source:
SL 1984, ch 190, §48; SL 1994, ch 204, §17.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 08 - Paternity Proceedings › Section 25-8-50 - Voluntary hospital-based paternity establishment program.

25-8-50. Voluntary hospital-based paternity establishment program.
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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 08 - Paternity Proceedings › Section 25-8-51 - Forwarding of affidavit of paternity to Department of Social Services.

25-8-51. Forwarding of affidavit of paternity to Department of Social Services.
Notwithstanding §34-25-16.4, upon request from the Department of Social Services, the Department of Health shall forward to the Department of Social Services a copy of any affidavit of paternity on file with the Department of Health.
Source:
SL 1994, ch 204, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 08 - Paternity Proceedings › Section 25-8-52 - Rebuttable presumption of paternity--Signed and notarized affidavit.

25-8-52. Rebuttable presumption of paternity--Signed and notarized affidavit.
A signed and notarized affidavit of paternity creates a rebuttable presumption of paternity, admissible as evidence of paternity, and allows the Department of Social Services to proceed to establish a support obligation in accordance with the provisions of §§25-7A-5 to 25-7A-8, inclusive, without requiring any further proceedings to establish paternity.
Source:
SL 1994, ch 204, §3.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 08 - Paternity Proceedings › Section 25-8-53 - Reimbursement of reasonable costs for affidavit of paternity.

25-8-53. Reimbursement of reasonable costs for affidavit of paternity.
The hospital, physician, health care provider, or nurse is entitled to reimbursement for all reasonable costs associated with obtaining the affidavit of paternity. The Department of Social Services shall establish by rules, promulgated pursuant to chapter 1-26, the amount of reasonable costs, which may not exceed the amount for which federal financial participation is available, and the procedures for claiming such reimbursement from the department.
Source:
SL 1994, ch 204, §4.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 08 - Paternity Proceedings › Section 25-8-54 - Use of forms and information prescribed by department.

25-8-54. Use of forms and information prescribed by department.
All hospitals, physicians, health care providers, certified nurse midwives, and nurses shall use all forms and written information as prescribed by the Department of Social Services.
Source:
SL 1994, ch 204, §5; SL 2017, ch 171, §50.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 08 - Paternity Proceedings › Section 25-8-56 - Judgment of paternity--Full faith and credit.

25-8-56. Judgment of paternity--Full faith and credit.
Any judgment of paternity, whether established through a voluntary acknowledgment process, or established by a court or administrative entity of this state, or any other state or jurisdiction, is entitled full faith and credit in this state.
Source:
SL 1994, ch 204, §8.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 08 - Paternity Proceedings › Section 25-8-57 - Rebuttable presumption of legitimacy.

25-8-57. Rebuttable presumption of legitimacy.
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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 08 - Paternity Proceedings › Section 25-8-58 - Genetic test results.

25-8-58. Genetic test results.
Genetic test results establishing a threshold probability of paternity of ninety-nine percent or more shall create a rebuttable presumption of paternity and allow the Department of Social Services to establish a support obligation in accordance with the provisions of §§25-7A-5 to 25-7A-8, inclusive, without requiring any further proceedings to establish paternity.
Source:
SL 1994, ch 204, §10.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 08 - Paternity Proceedings › Section 25-8-59 - Actions contesting rebuttable presumption of paternity.

25-8-59. Actions contesting rebuttable presumption of paternity.
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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 08 - Paternity Proceedings › Section 25-8-60 - Circumstances where name of father appears with birth record for out of wedlock birth.

25-8-60. Circumstances where name of father appears with birth record for out of wedlock birth.
In any out of wedlock birth, the name of the father shall be included within the birth record of the child only if the father and mother have signed an affidavit of paternity, or a court or administrative tribunal of competent jurisdiction has issued an order which adjudicates the paternity of the child.
Source:
SL 1997, ch 155, §33.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 08 - Paternity Proceedings › Section 25-8-62 - Admissible medical billing evidence--Proceedings to compel support.

25-8-62. Admissible medical billing evidence--Proceedings to compel support.
In any action to establish paternity, or a proceeding to compel support, including a proceeding to compel payment of reasonable expenses pursuant to §25-8-3, medical bills related to a mother's pregnancy and prenatal care, labor and delivery, postpartum recovery, and medical complications arising from pregnancy, and genetic testing bills, are admissible as evidence without foundation testimony, and shall constitute prima facie evidence of the amounts incurred.
Source: SL 1997, ch 155, §36; SL 2023, ch 84, §4.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 08 - Paternity Proceedings › Section 25-8-63 - Filing affidavits or adjudications of paternity.

25-8-63. Filing affidavits or adjudications of paternity.
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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 08 - Paternity Proceedings › Section 25-8-64 - Setting aside presumption or prior determination of paternity based on genetic test results--Factors in determining best interest of the child.

25-8-64. Setting aside presumption or prior determination of paternity based on genetic test results--Factors in determining best interest of the child.
The court may at any time before the child turns eighteen, find that a presumed or legally determined father is not the biological father of a child, based on genetic test results that either exclude the presumed or legally determined father as the biological father of the child or establish another person as the biological father of the child by the standards set in §25-8-58. The court may under such circumstances set aside a presumption or prior determination of paternity if it finds that setting aside a presumption or prior determination of paternity is in the best interest of the child. The court may consider any of the following factors in determining the best interests of the child:
(1)The length of time between the proceeding to adjudicate parentage and the time that the presumed or legally determined father was placed on notice that he might not be the genetic father;
(2)The length of time during which the presumed or legally determined father has assumed the role of father of the child;
(3)The facts surrounding the presumed or legally determined father's discovery of his possible nonpaternity;
(4)The nature of the relationship between the child and the presumed or legally determined father;
(5)The age of the child;
(6)The harm or benefit that may result to the child if the presumed or legally determined paternity is successfully disproved;
(7)The nature of the relationship between the child and any presumed or legally determined father;
(8)The extent to which the passage of time reduces the chances of establishing the paternity of another man and a child-support obligation in favor of the child; and
(9)Any additional factors deemed by the court to be relevant to its determination of the best interest of the child.
Source:
SL 2013, ch 119, §18.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-103 - State tribunals and support enforcement agency.

25-9C-103. State tribunals and support enforcement agency.
(a) The Department of Social Services and the Unified Judicial System are the tribunals of this state.
(b) The Department of Social Services is the support enforcement agency of this state.
Source:
SL 2015, ch 148, §103.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-104 - Remedies cumulative.

25-9C-104. Remedies cumulative.
(a) Remedies provided pursuant to this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.
(b) The provisions of this chapter do not:
(1)Provide the exclusive method of establishing or enforcing a support order under the law of this state; or
(2)Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding pursuant to this chapter.
Source:
SL 2015, ch 148, §104.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-105 - Application to resident of foreign country and foreign support proceeding.

25-9C-105. Application to resident of foreign country and foreign support proceeding.
(a) A tribunal of this state shall apply Articles 1 to 6, inclusive, and, as applicable, Article 7, to a support proceeding involving:
(1)A foreign support order;
(2)A foreign tribunal; or
(3)An obligee, obligor, or child residing in a foreign country.
(b) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of Articles 1 to 6, inclusive.
(c) Article 7 applies only to a support proceeding under the Convention. In such a proceeding, if a provision of Article 7 is inconsistent with Articles 1 to 6, inclusive, Article 7 controls.
Source:
SL 2015, ch 148, §105.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-201 - Bases for jurisdiction over nonresident.

25-9C-201. Bases for jurisdiction over nonresident.
(a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:
(1)The individual is personally served with notice within this state;
(2)The individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(3)The individual resided with the child in this state;
(4)The individual resided in this state and provided prenatal expenses or support for the child;
(5)The child resides in this state as a result of the acts or directives of the individual;
(6)The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;
(7)The individual asserted parentage of a child in the child support case registry maintained in this state by the Department of Social Services; or
(8)There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.
(b) The bases of personal jurisdiction set forth in subsection (a) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of §25-9C-611 are met, or, in the case of a foreign support order, unless the requirements of §25-9C-615 are met.
Source:
SL 2015, ch 148, §201.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-202 - Duration of personal jurisdiction.

25-9C-202. Duration of personal jurisdiction.
Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by §§25-9C-205, 25-9C-206, and 25-9C-211.
Source:
SL 2015, ch 148, §202.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-203 - Initiating and responding tribunal of state.

25-9C-203. Initiating and responding tribunal of state.
Pursuant to this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding tribunal for proceedings initiated in another state or a foreign country.
Source:
SL 2015, ch 148, §203.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-204 - Simultaneous proceedings.

25-9C-204. Simultaneous proceedings.
(a) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:
(1)The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;
(2)The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and
(3)If relevant, this state is the home state of the child.
(b) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:
(1)The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;
(2)The contesting party timely challenges the exercise of jurisdiction in this state; and
(3)If relevant, the other state or foreign country is the home state of the child.
Source:
SL 2015, ch 148, §204.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-205 - Continuing, exclusive jurisdiction to modify child support order.

25-9C-205. Continuing, exclusive jurisdiction to modify child support order.
(a) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and:
(1)At the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or
(2)Even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.
(b) A tribunal of this state that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if:
(1)All of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or
(2)Its order is not the controlling order.
(c) If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that Act which modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
(d) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.
(e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
Source:
SL 2015, ch 148, §205.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-206 - Continuing jurisdiction to enforce child support order.

25-9C-206. Continuing jurisdiction to enforce child support order.
(a) A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce:
(1)The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or
(2)A money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.
(b) A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.
Source:
SL 2015, ch 148, §206.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-208 - Child support order for two or more obligees.

25-9C-208. Child support order for two or more obligees.
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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-209 - Credit for payments.

25-9C-209. Credit for payments.
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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-210 - Application to nonresident subject to personal jurisdiction.

25-9C-210. Application to nonresident subject to personal jurisdiction.
A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding pursuant to this chapter, under other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to §25-9C-316, communicate with a tribunal outside this state pursuant to §25-9C-317, and obtain discovery through a tribunal outside this state pursuant to §25-9C-318. In all other respects, Articles 3 to 6, inclusive, do not apply, and the tribunal shall apply the procedural and substantive law of this state.
Source:
SL 2015, ch 148, §210.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-211 - Continuing, exclusive jurisdiction to modify spousal support order.

25-9C-211. Continuing, exclusive jurisdiction to modify spousal support order.
(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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-301 - Proceedings under this chapter.

25-9C-301. Proceedings under this chapter.
(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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-302 - Proceeding by minor parent.

25-9C-302. Proceeding by minor parent.
A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.
Source:
SL 2015, ch 148, §302.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-303 - Application of law of state.

25-9C-303. Application of law of state.
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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-304 - Duties of initiating tribunal.

25-9C-304. Duties of initiating tribunal.
(a) Upon the filing of a petition authorized pursuant to this chapter, an initiating tribunal of this state shall forward the petition and its accompanying documents:
(1)To the responding tribunal or appropriate support enforcement agency in the responding state; or
(2)If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.
(b) If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.
Source:
SL 2015, ch 148, §304.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-305 - Duties and powers of responding tribunal.

25-9C-305. Duties and powers of responding tribunal.
(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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-306 - Inappropriate tribunal.

25-9C-306. Inappropriate tribunal.
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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-307 - Duties of support enforcement agency.

25-9C-307. Duties of support enforcement agency.
(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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-308 - Duty of attorney general.

25-9C-308. Duty of attorney general.
(a) If the attorney general determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform its duties pursuant to this chapter or may provide those services directly to the individual.
(b) The attorney general may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination.
Source:
SL 2015, ch 148, §308.