reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-310 - Duties of state information agency.

25-9C-310. Duties of state information agency.
(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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-311 - Pleading and accompanying documents.

25-9C-311. Pleading and accompanying documents.
(a) In a proceeding pursuant to this chapter, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered pursuant to §25-9C-312, the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, social security number, and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.
(b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.
Source:
SL 2015, ch 148, §311.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-312 - Nondisclosure of information in exceptional circumstances.

25-9C-312. Nondisclosure of information in exceptional circumstances.
If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.
Source:
SL 2015, ch 148, §312.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-313 - Costs and fees.

25-9C-313. Costs and fees.
(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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-314 - Limited immunity of petitioner.

25-9C-314. Limited immunity of petitioner.
(a) Participation by a petitioner in a proceeding pursuant to this chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.
(b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding pursuant to this chapter.
(c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding pursuant to this chapter committed by a party while physically present in this state to participate in the proceeding.
Source:
SL 2015, ch 148, §314.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-315 - Nonparentage as defense.

25-9C-315. Nonparentage as defense.
A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding pursuant to this chapter.
Source:
SL 2015, ch 148, §315.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-316 - Special rules of evidence and procedure.

25-9C-316. Special rules of evidence and procedure.
(a) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child.
(b) An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this state.
(c) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made.
(d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.
(e) Documentary evidence transmitted from outside this state to a tribunal of this state by telephone, telecopier, or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.
(f) In a proceeding pursuant to this chapter, a tribunal of this state shall permit a party or witness residing outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal of this state shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.
(g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.
(h) A privilege against disclosure of communications between spouses does not apply in a proceeding pursuant to this chapter.
(i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding pursuant to this chapter.
(j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.
Source:
SL 2015, ch 148, §316.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-317 - Communications between tribunals.

25-9C-317. Communications between tribunals.
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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-318 - Assistance with discovery.

25-9C-318. Assistance with discovery.
A tribunal of this state may:
(1)Request a tribunal outside this state to assist in obtaining discovery; and
(2)Upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.
Source:
SL 2015, ch 148, §318.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-319 - Receipt and disbursement of payments.

25-9C-319. Receipt and disbursement of payments.
(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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-401 - Establishment of support order.

25-9C-401. Establishment of support order.
(a) If a support order entitled to recognition pursuant to this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:
(1)The individual seeking the order resides outside this state; or
(2)The support enforcement agency seeking the order is located outside this state.
(b) The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:
(1)A presumed father of the child;
(2)Petitioning to have his paternity adjudicated;
(3)Identified as the father of the child through genetic testing;
(4)An alleged father who has declined to submit to genetic testing;
(5)Shown by clear and convincing evidence to be the father of the child;
(6)An acknowledged father as provided by applicable state law;
(7)The mother of the child; or
(8)An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to §25-9C-305.
Source:
SL 2015, ch 148, §401.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-402 - Proceeding to determine parentage.

25-9C-402. Proceeding to determine parentage.
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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-501 - Employer's receipt of income withholding order of another state.

25-9C-501. Employer's receipt of income withholding order of another state.
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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-502 - Employer's compliance with income withholding order of another state.

25-9C-502. Employer's compliance with income withholding order of another state.
(a) Upon receipt of an income withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.
(b) The employer shall treat an income withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state.
(c) Except as otherwise provided in subsection (d) and §25-9C-503, the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify:
(1)The duration and amount of periodic payments of current child support, stated as a sum certain;
(2)The person designated to receive payments and the address to which the payments are to be forwarded;
(3)Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;
(4)The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and
(5)The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.
(d) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:
(1)The employer's fee for processing an income withholding order;
(2)The maximum amount permitted to be withheld from the obligor's income; and
(3)The times within which the employer must implement the withholding order and forward the child support payment.
Source:
SL 2015, ch 148, §502.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-503 - Employer's compliance with two or more income withholding orders.

25-9C-503. Employer's compliance with two or more income withholding orders.
If an obligor's employer receives two or more income withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for two or more child support obligees.
Source:
SL 2015, ch 148, §503.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-504 - Immunity from civil liability.

25-9C-504. Immunity from civil liability.
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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-505 - Penalties for noncompliance.

25-9C-505. Penalties for noncompliance.
An employer that willfully fails to comply with an income withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.
Source:
SL 2015, ch 148, §505.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-506 - Contest by obligor.

25-9C-506. Contest by obligor.
(a) An obligor may contest the validity or enforcement of an income withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in Article 6, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state.
(b) The obligor shall give notice of the contest to:
(1)A support enforcement agency providing services to the obligee;
(2)Each employer that has directly received an income withholding order relating to the obligor; and
(3)The person designated to receive payments in the income withholding order or, if no person is designated, to the obligee.
Source:
SL 2015, ch 148, §506.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-507 - Administrative enforcement of orders.

25-9C-507. Administrative enforcement of orders.
(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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-601 - Registration of order for enforcement.

25-9C-601. Registration of order for enforcement.
A support order or income withholding order issued in another state or a foreign support order may be registered in this state for enforcement.
Source:
SL 2015, ch 148, §601.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-602 - Procedure to register order for enforcement.

25-9C-602. Procedure to register order for enforcement.
(a) Except as otherwise provided in §25-9C-706, a support order or income withholding order of another state or a foreign support order may be registered in this state by sending the following records to the appropriate tribunal in this state:
(1)A letter of transmittal to the tribunal requesting registration and enforcement;
(2)Two copies, including one certified copy, of the order to be registered, including any modification of the order;
(3)A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;
(4)The name of the obligor and, if known:
(a)The obligor's address and social security number;
(b)The name and address of the obligor's employer and any other source of income of the obligor; and
(c)A description and the location of property of the obligor in this state not exempt from execution; and
(5)Except as otherwise provided in §25-9C-312, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.
(b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form.
(c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.
(d) If two or more orders are in effect, the person requesting registration shall:
(1)Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;
(2)Specify the order alleged to be the controlling order, if any; and
(3)Specify the amount of consolidated arrears, if any.
(e) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.
Source:
SL 2015, ch 148, §602.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-603 - Effect of registration for enforcement.

25-9C-603. Effect of registration for enforcement.
(a) A support order or income withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state.
(b) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.
(c) Except as otherwise provided in this chapter, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.
Source:
SL 2015, ch 148, §603.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-604 - Choice of law.

25-9C-604. Choice of law.
(a) Except as otherwise provided in subsection (d), the law of the issuing state or foreign country governs:
(1)The nature, extent, amount, and duration of current payments under a registered support order;
(2)The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and
(3)The existence and satisfaction of other obligations under the support order.
(b) In a proceeding for arrears under a registered support order, the statute of limitation of this state, or of the issuing state or foreign country, whichever is longer, applies.
(c) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.
(d) After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.
Source:
SL 2015, ch 148, §604.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-605 - Notice of registration of order.

25-9C-605. Notice of registration of order.
(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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-606 - Procedure to contest validity or enforcement of registered support order.

25-9C-606. Procedure to contest validity or enforcement of registered support order.
(a) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required pursuant to §25-9C-605. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to §25-9C-607.
(b) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.
(c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.
Source:
SL 2015, ch 148, §606.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-607 - Contest of registration or enforcement.

25-9C-607. Contest of registration or enforcement.
(a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
(1)The issuing tribunal lacked personal jurisdiction over the contesting party;
(2)The order was obtained by fraud;
(3)The order has been vacated, suspended, or modified by a later order;
(4)The issuing tribunal has stayed the order pending appeal;
(5)There is a defense under the law of this state to the remedy sought;
(6)Full or partial payment has been made;
(7)The statute of limitation pursuant to §25-9C-604 precludes enforcement of some or all of the alleged arrearages; or
(8)The alleged controlling order is not the controlling order.
(b) If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.
(c) If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.
Source:
SL 2015, ch 148, §607.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-608 - Confirmed order.

25-9C-608. Confirmed order.
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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-609 - Procedure to register child support order of another state for modification.

25-9C-609. Procedure to register child support order of another state for modification.
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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-610 - Effect of registration for modification.

25-9C-610. Effect of registration for modification.
A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of §25-9C-611 or 25-9C-613 have been met.
Source:
SL 2015, ch 148, §610.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-611 - Modification of child support order of another state.

25-9C-611. Modification of child support order of another state.
(a) If the provisions of §25-9C-613 do not apply, upon petition a tribunal of this state may modify a child support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that:
(1)The following requirements are met:
(a)Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;
(b)A petitioner who is a nonresident of this state seeks modification; and
(c)The respondent is subject to the personal jurisdiction of the tribunal of this state; or
(2)This state is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state, and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.
(b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.
(c) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and must be so recognized pursuant to §25-9C-207 establishes the aspects of the support order which are nonmodifiable.
(d) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.
(e) On the issuance of an order by a tribunal of this state modifying a child support order issued in another state, the tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction.
(f) Notwithstanding subsections (a) through (e) and subsection 25-9C-201(b), a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if:
(1)One party resides in another state; and
(2)The other party resides outside the United States.
Source:
SL 2015, ch 148, §611.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-612 - Recognition of order modified in another state.

25-9C-612. Recognition of order modified in another state.
If a child support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state:
(1)May enforce its order that was modified only as to arrears and interest accruing before the modification;
(2)May provide appropriate relief for violations of its order which occurred before the effective date of the modification; and
(3)Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
Source:
SL 2015, ch 148, §612.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-613 - Jurisdiction to modify child support order of another state when individual parties reside in this state.

25-9C-613. Jurisdiction to modify child support order of another state when individual parties reside in this state.
(a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.
(b) A tribunal of this state exercising jurisdiction pursuant to this section shall apply the provisions of Articles 1 and 2, this article, and the procedural and substantive law of this state to the proceeding for enforcement or modification. The provisions of Articles 3, 4, 5, 7, and 8 do not apply.
Source:
SL 2015, ch 148, §613.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-614 - Notice to issuing tribunal of modification.

25-9C-614. Notice to issuing tribunal of modification.
Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and 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 modified order of the new tribunal having continuing, exclusive jurisdiction.
Source:
SL 2015, ch 148, §614.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-615 - Jurisdiction to modify child support order of foreign country.

25-9C-615. Jurisdiction to modify child support order of foreign country.
(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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-616 - Procedure to register child support order of foreign country for modification.

25-9C-616. Procedure to register child support order of foreign country for modification.
A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the Convention may register that order in this state pursuant to §§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 at another time. The petition must specify the grounds for modification.
Source:
SL 2015, ch 148, §616.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-701 - Definitions.

25-9C-701. Definitions.
Terms used in this Article mean:
(1)"Application," a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority;
(2)"Central authority," the entity designated by the United States or a foreign country described in subsection 25-9C-102(5)(d) to perform the functions specified in the Convention;
(3)"Convention support order," a support order of a tribunal of a foreign country described in subsection 25-9C-102(5)(d);
(4)"Direct request," a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States;
(5)"Foreign central authority," the entity designated by a foreign country described in subsection 25-9C-102(5)(d) to perform the functions specified in the Convention;
(6)"Foreign support agreement,":
(a)An agreement for support in a record that:
(i)Is enforceable as a support order in the country of origin;
(ii)Has been:
(I)Formally drawn up or registered as an authentic instrument by a foreign tribunal; or
(II)Authenticated by, or concluded, registered, or filed with a foreign tribunal; and
(iii)May be reviewed and modified by a foreign tribunal; and
(b)Includes a maintenance arrangement or authentic instrument under the Convention;
(7)"United States central authority," the Secretary of the United States Department of Health and Human Services.
Source:
SL 2015, ch 148, §701.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-702 - Applicability.

25-9C-702. Applicability.
The provisions of this Article apply only to a support proceeding under the Convention. In such a proceeding, if a provision of this Article is inconsistent with Articles 1 to 6, inclusive, this Article controls.
Source:
SL 2015, ch 148, §702.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-703 - Relationship of department to United States central authority.

25-9C-703. Relationship of department to United States central authority.
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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-704 - Initiation by department of support proceeding under Convention.

25-9C-704. Initiation by department of support proceeding under Convention.
(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.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-705 - Direct request.

25-9C-705. Direct request.
(a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.
(b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, §§25-9C-706 to 25-9C-713, inclusive, apply.
(c) In a direct request for recognition and enforcement of a Convention support order or foreign support agreement:
(1)A security, bond, or deposit is not required to guarantee the payment of costs and expenses; and
(2)An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.
(d) A petitioner filing a direct request is not entitled to assistance from the Department of Social Services.
(e) This Article does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
Source:
SL 2015, ch 148, §705.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-706 - Registration of Convention support order.

25-9C-706. Registration of Convention support order.
(a) Except as otherwise provided in this Article, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this state as provided pursuant to Article 6.
(b) Notwithstanding §25-9C-311 and subsection 25-9C-602(a), a request for registration of a Convention support order must be accompanied by:
(1)A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;
(2)A record stating that the support order is enforceable in the issuing country;
(3)If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
(4)A record showing the amount of arrears, if any, and the date the amount was calculated;
(5)A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
(6)If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
(c) A request for registration of a Convention support order may seek recognition and partial enforcement of the order.
(d) A tribunal of this state may vacate the registration of a Convention support order without the filing of a contest pursuant to §25-9C-707 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
(e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order.
Source:
SL 2015, ch 148, §706.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 09C - Uniform Interstate Family Support Act (2008) › Section 25-9C-707 - Contest of registered Convention support order.

25-9C-707. Contest of registered Convention support order.
(a) Except as otherwise provided in this Article, §§25-9C-605 to 25-9C-608, inclusive, apply to a contest of a registered Convention support order.
(b) A party contesting a registered Convention support order shall file a contest not later than thirty days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than sixty days after notice of the registration.
(c) If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection (b), the order is enforceable.
(d) A contest of a registered Convention support order may be based only on grounds set forth in §25-9C-708. The contesting party bears the burden of proof.
(e) In a contest of a registered Convention support order, a tribunal of this state:
(1)Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(2)May not review the merits of the order.
(f) A tribunal of this state deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.
(g) A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.
Source:
SL 2015, ch 148, §707.