reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-6.24 - Change of physical custody of child without court approval--Order to pay child support.

25-7-6.24. Change of physical custody of child without court approval--Order to pay child support.
If the parents of a child have agreed to a change in the physical custody of the child without the court's approval, the parent who relinquished physical custody may be ordered to pay child support to the parent who gained physical custody of the child even though the custody order has not been modified to reflect the change in custody.
There is a rebuttable presumption that a parent has agreed to a change in physical custody if the change has occurred for a period of one hundred twenty consecutive days or more and the parent has not formally objected to the court, even in the absence of a formal written agreement.
Source:
SL 2005, ch 134, §11; SL 2018, ch 161, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-6.25 - Form to request reimbursement of medical or health care costs--Small claims procedure.

25-7-6.25. Form to request reimbursement of medical or health care costs--Small claims procedure.
The department shall create and distribute a standardized form to allow a parent, guardian, or other custodian to request reimbursement of any medical or health care costs from the responsible parent.
A parent, guardian, or custodian may use the small claims procedure of chapter 15-39 as a means to collect unreimbursed medical or health care costs from the responsible parent.
If paternity has been determined pursuant to chapter 25-8, a mother may use the small claims procedure of chapter 15-39 as a means to collect reasonable expenses as provided in §25-8-3.
Source: SL 2005, ch 134, §12; SL 2023, ch 84, §5.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-6.26 - Effect of failure to furnish financial information--Imputation of income.

25-7-6.26. Effect of failure to furnish financial information--Imputation of income.
If a parent in a child support establishment or modification proceeding fails to furnish income or other financial information, the parent is in default. Income not actually earned by a parent may be imputed to the parent pursuant to this section. Except in cases of physical or mental disability or incarceration for one hundred eighty days or more, it is presumed for the purpose of determining child support in an establishment or modification proceeding that a parent is capable of being employed a minimum of one thousand eight hundred twenty hours per year at the state minimum wage, absent evidence to the contrary. Evidence to rebut this presumption may be presented by either parent.
Income may be imputed to a parent when the parent is unemployed, underemployed, fails to produce sufficient proof of income, has an unknown employment status, or is a full-time or part-time student, whose education or retraining will result, within a reasonable time, in an economic benefit to the child for whom the support obligation is determined, unless the actual income is greater.
In all cases where imputed income is appropriate, the amount imputed must be based upon the following:
(1)The parent’s residence;
(2)The parent’s recent work and earnings history;
(3)The parent’s occupational, educational, and professional qualifications;
(4)Existing job opportunities and associated earning levels in the community or the local trade area;
(5)The parent’s age, literacy, health, criminal record, record of seeking work, and other employment barriers;
(6)The availability of employers willing to hire the parent; and
(7)Other relevant background factors.
Income is not imputed to a parent who is physically or mentally disabled to the extent that the parent cannot earn income; who is incarcerated for more than one hundred eighty days; who has made diligent efforts to find and accept suitable work or to return to customary self-employment, to no avail; or when the court makes a finding that other circumstances exist that make the imputation inequitable, in which case the imputed income may only be decreased to the extent required to remove such inequity.
Imputed income may be in addition to actual income and is not required to reflect the same rate of pay as actual income.
Source: SL 2009, ch 130, §9; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SL 2013, ch 119, §2; SL 2022, ch 81, §7.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-6.27 - Shared parenting child support cross credit.

25-7-6.27. Shared parenting child support cross credit.
If a custody order by the court, contains a detailed shared parenting plan which provides that the child will reside no less than one hundred eighty nights per calendar year in each parent's home, and that the parents will share the duties and responsibilities of parenting the child and the expenses of the child in proportion to their incomes, the court may, if deemed appropriate under the circumstances, grant a cross credit on the amount of the child support obligation based on the number of nights the child resides with each parent. The shared parenting child support cross credit shall be calculated as follows:
(1)Multiply the parents' combined child support obligation under the schedule by 1.5 to establish the parents' combined shared parenting child support obligation;
(2)Multiply the combined shared parenting child support obligation by each parent's percentage share of the parents' combined net incomes to establish each parent's shared parenting child support obligation;
(3)Multiply each parent's shared parenting child support obligation by the percentage of nights the child resides with each parent based on a three hundred sixty-five day calendar year to establish each parent's prorated shared parenting child support obligation;
(4)Offset the parents' prorated shared parenting child support obligations; and
(5)The parent with the larger prorated shared parenting child support obligation shall pay the difference between these amounts.
In deciding whether a shared parenting child support cross credit is appropriate, the court shall consider whether it would have a substantial negative effect on the child's standard of living.
It is presumed that the parenting time is exercised. If the parenting time exercised substantially deviates from the parenting time ordered, either party may petition the court for a modification of the support order without showing any other change in circumstances.
Source:
SL 2009, ch 130, §10; SL 2015, ch 147, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-6.28 - Child residence with parent for a night--Residence for days.

25-7-6.28. Child residence with parent for a night--Residence for days.
For the purposes of §§25-7-6.14 and 25-7-6.27, a child resides with a parent for a night if the child sleeps:
(1)At the residence of that parent at night, whether or not the parent is present; or
(2)In the company of the parent, if the child does not sleep at a parent's residence.
If, in a calendar year, due to a parent's nighttime work schedule, a child resides with a parent for days, but not nights, the court may condition the abatement on the required days rather than nights. In those instances, on a school day, the child is treated as residing at the primary residence registered with the school.
Source:
SL 2009, ch 130, §11.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-6.29 - Written finding for establishment or modification of child support order--Best interest of child.

25-7-6.29. Written finding for establishment or modification of child support order--Best interest of child.
A written finding for the establishment or modification of a child support order that the application of the child support schedule in §25-7-6.2 would be unjust or inappropriate in a case is sufficient to rebut the presumption in that case. The best interest of the child must be taken into consideration. Findings to rebut application of the child support schedule must state the amount of support that would have been required under the schedule and include a justification of why the order deviates from the schedule.
Source: SL 2022, ch 81, §8.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-7.1 - Continuation of duty to support.

25-7-7.1. Continuation of duty to support.
A parent's duty to support his child continues if the child is placed with the Department of Social Services for custody, for temporary guardianship, or for care and placement.
Source:
SL 1987, ch 189, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-7.2 - Expenses incurred on child's behalf--Fee schedule.

25-7-7.2. Expenses incurred on child's behalf--Fee schedule.
The secretary of social services may, pursuant to chapter 1-26, establish a fee schedule for all expenses incurred on a child's behalf while in the care of the department. Such fees may not exceed actual costs.
Source:
SL 1987, ch 189, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-7.3 - Previously ordered support payments not subject to modification--Exception.

25-7-7.3. Previously ordered support payments not subject to modification--Exception.
Any previously ordered support payments that have become due, whether paid or unpaid, are not subject to modification by a court or administrative entity of this state, except those accruing in any period in which there is pending a petition for modification of the support obligation, but only from the date that notice of hearing of the petition has been given to the obligee, the obligor, and any other parties having an interest in such matter.
Source:
SL 1987, ch 190; SL 2013, ch 119, §3.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-7.4 - Unpaid payment or installment of support as judgment.

25-7-7.4. Unpaid payment or installment of support as judgment.
Any payment or installment of support under an order for support, as defined by §25-7A-1, whether entered by a court or an administrative entity of this state or of any other state or jurisdiction, which is unpaid after the date it is due, is a judgment by operation of law, with the full force, effect, and attributes of a judgment of this state, including enforceability, and is entitled, as a judgment, to full faith and credit in this state.
Source:
SL 1987, ch 191, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-7.5 - Filing of sworn statement or certificate of unpaid support due--Effective date of judgment.

25-7-7.5. Filing of sworn statement or certificate of unpaid support due--Effective date of judgment.
In order to preserve such judgment against subsequent mortgages, purchasers, or judgment creditors for value and without actual notice of the lien on any property situated in a county, the support obligee or the secretary of the Department of Social Services may give notice of the judgment by filing in the office of the clerk of courts of the county in which the order for support is filed, or in any county in which a transcript of the order is filed and docketed, a sworn statement or certificate showing the amount of unpaid support due under the order. The clerk of courts shall file and docket the statement or certificate with the order for support or transcript thereof, as evidence of the amount of the judgment for support, as provided in chapter 15-16. The judgment shall be effective from the date and time of docketing the statement or certificate in the office of the clerk of courts.
Source:
SL 1987, ch 191, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-7.6 - Court may order payment of arrearages.

25-7-7.6. Court may order payment of arrearages.
If, at any time, unpaid child support arrearages exist, the court may order the support obligor to pay towards the arrearages such sums as are ordered by the court, in addition to any other remedies of the support obligee.
Source:
SL 2001, ch 133, §4.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-7.7 - Termination of child support order upon disestablishment of paternity.

25-7-7.7. Termination of child support order upon disestablishment of paternity.
If a presumed or legally determined father has a child support order and disestablishes his paternity pursuant to §25-8-64, the child support order is automatically terminated from entry of the disestablishment order. The disestablished father continues to be responsible for any child support that accrued prior to the date of entry of the disestablishment order. However, nothing in this section precludes the disestablished father from bringing a separate cause of action for recovery of previously ordered child support.
Source:
SL 2013, ch 119, §4.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-8 - Stepparent's duty to support spouse's children.

25-7-8. Stepparent's duty to support spouse's children.
A stepparent shall maintain his spouse's children born prior to their marriage and is responsible as a parent for their support and education suitable to his circumstances, but such responsibility shall not absolve the natural or adoptive parents of the children from any obligation of support.
Source:
SDC 1939, §14.0311; SL 1971, ch 164; SL 1980, ch 190.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-9 - Adult child supported by parent.

25-7-9. Adult child supported by parent.
Except as provided in §25-5-18.1, if a child, after attaining majority continues to serve and to be supported by the parent, neither party is entitled to compensation in the absence of an agreement therefor.
Source:
SDC 1939, §14.0317; SL 1987, ch 192.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-10 - Liability of parent for necessaries supplied to child.

25-7-10. Liability of parent for necessaries supplied to child.
If a parent neglects to provide articles necessary for his child who is under his charge, according to his circumstances, a third person may in good faith supply such necessaries and recover the reasonable value thereof from the parent.
Source:
SDC 1939, §14.0313.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-12 - Allowances to parent out of child's property.

25-7-12. Allowances to parent out of child's property.
The circuit court may direct an allowance to be made to a parent of a child, out of its property, for its past or future support and education, on such conditions as may be proper, whenever such direction is for its benefit.
Source:
SDC 1939, §14.0314.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-13 - Support of spouse and children out of property of absentee, prisoner or mentally ill person--Application to circuit court--Notice--Trial and judgment.

25-7-13. Support of spouse and children out of property of absentee, prisoner or mentally ill person--Application to circuit court--Notice--Trial and judgment.
In case the husband or wife abandon the other and remove from the state and remain absent therefrom one year or more, or be sentenced to imprisonment in the county jail or state penitentiary for a period of one year or more, or become mentally ill and be committed to the South Dakota Human Services Center, and the husband or wife of such person so imprisoned, mentally ill, or guilty of abandonment be without means of support, the circuit court for the county in which such husband or wife resides, upon application duly verified and supported by such evidence as the court deems sufficient, may, by order or decree, authorize and direct the applicant or some other suitable person to manage, control, sell, or encumber the property of such imprisoned, mentally ill, or offending person in order to make suitable provision for the support and maintenance of his or her husband or wife and minor children during the period of such abandonment, imprisonment, or mental illness. Notice of such application must be served in the same manner as the summons in civil actions and in case of appearance by the opposite party, trials and other proceedings may be had as in case of civil actions and all orders, judgments, and decrees entered shall have the same force and effect.
Source:
SDC 1939, §14.0205.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-14 - Reimbursement of county from deceased parent's estate for support provided child.

25-7-14. Reimbursement of county from deceased parent's estate for support provided child.
If a parent chargeable with the support of a child dies leaving it chargeable upon the county, and leaving an estate sufficient for its support, the officers of the poor, in the name of the county, may claim provision for its support from the parent's estate by civil action, and for this purpose may have the same remedies as creditors against the estate and against the heirs, devisees, and next of kin of the parent.
Source:
SDC 1939, §14.0315.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-15 - Desertion of child under ten as felony.

25-7-15. Desertion of child under ten as felony.
The parent of any child under the age of ten years and any person to whom any such child has been confided for nurture or education who deserts such child in any place with intent to wholly abandon the child, is guilty of a Class 4 felony.
Source:
SDC 1939, §13.3201; SL 1977, ch 189, §94; SL 2006, ch 130, §10.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-16 - Nonsupport of child by parent as misdemeanor--Felony where parent leaves state--Spiritual treatment--Unemployment.

25-7-16. Nonsupport of child by parent as misdemeanor--Felony where parent leaves state--Spiritual treatment--Unemployment.
A parent of a minor child who intentionally omits without lawful excuse to furnish necessary food, clothing, shelter, medical attendance, other remedial care, or other means of support for the person's child is guilty of a Class 1 misdemeanor. If a parent, during a violation, leaves the state and is absent for more than thirty days, the person is guilty of a Class 6 felony. If a child is under treatment solely by spiritual means, the court may, as provided under §26-8A-22, order that medical treatment be provided for the child. For the purposes of this section, unemployment without justifiable excuse or without verifiability of searching for employment is not a lawful excuse for noncompliance.
Source:
SDC 1939, §13.3204 as enacted by SL 1963, ch 56, §1; SL 1977, ch 189, §95; SL 1981, ch 196; SL 1990, ch 170, §3; SL 1991, ch 217, §170; SL 1994, ch 201.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-16.1 - Cash bond for nonsupport applied to child support arrearages.

25-7-16.1. Cash bond for nonsupport applied to child support arrearages.
Notwithstanding any provision of chapter 23A-43 to the contrary, any cash bond deposited with the court, whether or not personally posted by the defendant, to assure appearance of an individual charged with nonsupport of a child under §25-7-15 or 25-7-16 or subject to civil proceedings to enforce child support obligations, may, at the discretion of the court, be ordered paid to the Department of Social Services or the support obligee and applied to child support arrearages either as a condition imposed by the court or as a result of the individual's failure to appear as required by the court.
Source:
SL 2012, ch 144, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-17 - Abandonment or nonsupport of child by parent as prima facie evidence of intent.

25-7-17. Abandonment or nonsupport of child by parent as prima facie evidence of intent.
Proof of abandonment or desertion of a child by a parent, or the omission by a parent to furnish necessary food, clothing, shelter, medical attendance, other remedial care, or other means of support for his child is prima facie evidence that the abandonment, desertion, or omission is intentional and without lawful excuse.
Source:
SDC 1939, §13.3204 as enacted by SL 1963, ch 56, §1; SL 1982, ch 195, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-17.1 - Parent's choice of health services permitted in legitimate practice of religious beliefs not violation of support requirements.

25-7-17.1. Parent's choice of health services permitted in legitimate practice of religious beliefs not violation of support requirements.
However, any parent who chooses nonmedical remedial health services recognized or permitted under state law in the legitimate practice of religious beliefs in lieu of medical attendance is not for that reason alone in violation of §§25-7-17 and 25-7-20.
Source:
SL 1982, ch 195, §4.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-19 - Marital status and divorce decrees immaterial to criminal liability--Status of unborn child.

25-7-19. Marital status and divorce decrees immaterial to criminal liability--Status of unborn child.
The provisions of §§25-7-16 to 25-7-20, inclusive, are applicable whether the parents of such child are married or divorced, and regardless of any decree made in any divorce action relative to alimony or to the support of the child. A child conceived but not yet born is to be deemed an existing person insofar as said sections are concerned.
Source:
SDC 1939, §13.3204 as enacted by SL 1963, ch 56, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-20 - Parent's criminal liability not relieved by other parent's custody or support provided by others.

25-7-20. Parent's criminal liability not relieved by other parent's custody or support provided by others.
This chapter may not be construed to relieve one parent from the criminal liability defined in §25-7-16 for an omission because the other parent of the child is legally entitled to the custody of the child nor because the other parent of the child, or any other person, or organization, voluntarily or involuntarily furnishes necessary food, clothing, shelter, medical attendance, other remedial care, or other means of support for the child.
Source:
SDC 1939, §13.3204 as enacted by SL 1963, ch 56, §1; SL 1982, ch 195, §3.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-20.1 - Complaint for nonsupport signed by representative of department.

25-7-20.1. Complaint for nonsupport signed by representative of department.
When any payment of public moneys has been made by the Department of Social Services, under the provisions of this chapter for the support or aid of any person, any representative of the department may sign a criminal complaint against that person for any violation of the provisions of this chapter.
Source:
SL 1963, ch 332; SDCL, §23-19-3; SL 1978, ch 164, §6.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-22 - Communications not privileged in nonsupport prosecutions--Husband and wife as witnesses.

25-7-22. Communications not privileged in nonsupport prosecutions--Husband and wife as witnesses.
In all prosecutions under §25-7-4 or under §§25-7-16 to 25-7-20, inclusive, any existing provisions of law prohibiting the disclosure of confidential communications between husband and wife shall not apply, and both husband and wife shall be competent to testify to any and all relevant matters, including the fact of marriage and the parentage of a child or children.
Source:
SDC 1939, §13.3207 as enacted by SL 1963, ch 56, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-23 - Abandonment and nonsupport of spouse or children as prima facie evidence of intent.

25-7-23. Abandonment and nonsupport of spouse or children as prima facie evidence of intent.
Proof of the abandonment and nonsupport of a spouse, or of the omission to furnish necessary food, clothing, shelter, or of medical attendance for a child or children is prima facie evidence that such abandonment and nonsupport or omission to furnish necessary food, clothing, shelter, or medical attendance is intentional.
Source:
SDC 1939, §13.3207 as enacted by SL 1963, ch 56, §1; SL 1984, ch 12, §51.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-24 - Release on undertaking to support spouse or child--Amount and terms of undertaking.

25-7-24. Release on undertaking to support spouse or child--Amount and terms of undertaking.
If after arrest and before trial or after conviction and before sentence, the party arrested or convicted pursuant to §25-7-4 or §§25-7-16 to 25-7-20, inclusive, shall appear before the court in which the case is pending or the conviction had and enter into an undertaking to the state in a sum to be fixed by the court, which may not exceed two thousand dollars, with or without sureties as may be determined by the court, conditioned that the party will furnish his or her spouse with necessary and proper home, food, care, and clothing, or that the party will furnish his or her child with a proper home, food, care, and clothing, then the court may release the defendant.
Source:
SDC 1939, §13.3203; SL 1963, ch 56, §3; SL 1984, ch 12, §52.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-25 - Cancellation of undertaking for support on demonstration of good faith.

25-7-25. Cancellation of undertaking for support on demonstration of good faith.
The undertaking shall remain in force so long as the court deems necessary, but whenever it shall appear to the court, by affidavit or otherwise, that the defendant is then, and for a reasonable time prior thereto has been in good faith, furnishing his or her spouse or child with a necessary and proper home, food, care, and clothing, the court may cancel the undertaking.
Source:
SDC 1939, §13.3203; SL 1963, ch 56, §3; SL 1984, ch 12, §53.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-26 - Arrest and forfeiture of undertaking on failure to comply--Trial--Commitment or release on new undertaking.

25-7-26. Arrest and forfeiture of undertaking on failure to comply--Trial--Commitment or release on new undertaking.
If a defendant fails to comply with the undertaking, he or she may be arrested on a warrant issued from the court in which the case is pending or the conviction was had. The court may thereupon order a forfeiture of the undertaking and that the defendant be tried or committed in execution of the sentence, or for good cause shown, may release the defendant upon a new undertaking.
Source:
SDC 1939, §13.3203; SL 1963, ch 56, §3; SL 1984, ch 12, §54.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-26.1 - Posting bond by obligor--Notice.

25-7-26.1. Posting bond by obligor--Notice.
In any civil or administrative action provided by law for the enforcement of support, any person owing the support may be required to give security, or post a bond or undertaking to secure payment of the overdue support. Notice shall be sent to the obligor regarding the proposed action to enforce the overdue support obligation, the requirement of posting bond and the procedures available for contesting the bonding requirement.
Source:
SL 1986, ch 218, §55.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-27 - Adult child's duty to support parent when necessary--Notice required.

25-7-27. Adult child's duty to support parent when necessary--Notice required.
Any adult child, having the financial ability to do so, shall provide necessary food, clothing, shelter, or medical attendance for a parent who is unable to provide for oneself. However, no claim may be made against such adult child until the adult child is given written notice that the child's parent is unable to provide for oneself, and such adult child has refused to provide for the child's parent. Notice required by this section shall be given within ninety days after the necessary food, clothing, shelter, or medical attendance, claimed in the notice, was first provided for the parent. However, in the case of fraud or misrepresentation, notice shall be provided within ninety days after such fraud or misrepresentation is known or should have been known. If the parent or someone acting on behalf of the parent makes application for assistance pursuant to chapter 28-13, the county shall give the written notice required herein within ninety days after it receives the application or notice required under §28-13-1, 28-13-32.3, 28-13-32.4, or 28-13-34.1, whichever is sooner.
Source:
SDC 1939, §14.0320 as enacted by SL 1963, ch 61; SL 2000, ch 118, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-28 - Adult child's right of contribution from brothers and sisters for support of parent--Notice required.

25-7-28. Adult child's right of contribution from brothers and sisters for support of parent--Notice required.
In the event necessary food, clothing, shelter, or medical attendance is provided for a parent by a child, he shall have the right of contribution from his adult brothers and sisters, who refuse or do not assist in such maintenance, on a pro rata share to the extent of their ability to so contribute to such support; provided that no right of contribution for support shall accrue except from and after notice in writing is given by the child so providing for his parent.
Source:
SDC 1939, §14.0312 as added by SL 1963, ch 62.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-30 - Proof of marriage and parentage.

25-7-30. Proof of marriage and parentage.
No other evidence shall be required to prove marriage of husband and wife, or that a person is the lawful father or mother of a child or children, than is or shall be required to prove such facts in a civil action.
Source:
SDC 1939, §13.3207 as enacted by SL 1963, ch 56, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-37 - Chronically delinquent defined.

25-7-37. Chronically delinquent defined.
For the purposes of §25-7-38, the term, chronically delinquent, means the child support is paid ten or more days after the date the child support is due in each of three or more months in any twelve-month consecutive period, or the child support paid is less than ninety percent of the amount due in each of three or more months in any twelve-month consecutive period.
Source:
SL 2009, ch 135, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07 - Support Obligations › Section 25-7-38 - Late fee for certain chronically delinquent child support payments.

25-7-38. Late fee for certain chronically delinquent child support payments.
An obligor found to be chronically delinquent in child support payments or installments as required under an order for support, as defined in §25-7A-1, is subject to a late payment fee equal to ten percent of the ordered child support or fifty dollars, whichever is greater, for each month in the preceding twelve months that the payment was ten or more days delinquent or the payment was less than ninety percent of the ordered child support. Any obligee seeking the late payment fee shall file in the office of the clerk of courts of the county in which the order was filed, or in a county in which a transcript of the order is filed and docketed, a petition showing the date of receipt of each month of delinquent payment, the amount received, and the amount due and requesting that a late fee be ordered. Upon filing of the petition, the obligee shall serve, by certified mail or as otherwise provided by law, a copy of the petition to the obligor. The service of such notice shall be deemed complete when proof of the service is filed with the court. The obligor has ten days from service to object to the imposition of a late fee. If a party objects within ten days of service the court shall conduct a hearing as soon as practical. The obligor has the burden of showing an inability to timely pay child support payments or installments as required under an order of support. Based upon the evidence presented at the hearing, the court may order the obligor to pay a late fee or may order any other relief as it deems appropriate.
Source:
SL 2009, ch 135, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-2 - Public assistance to dependent child deemed debt of person responsible for support--Establishment of amount of debt--Public assistance recipient does not incur debt.

25-7A-2. Public assistance to dependent child deemed debt of person responsible for support--Establishment of amount of debt--Public assistance recipient does not incur debt.
Any payment of public assistance made to or for the benefit of any dependent child creates a debt due to the state, by the person or persons who are responsible for support of the children, in an amount equal to the amount of public assistance money paid. If there is a court order, administrative order, or final decree of divorce, the debt is limited to the amount of the order or decree including the full amount of all payments in arrears under the order or decree. The secretary of social services may, if the debt is not established by order, limit the debt to an amount consistent with the debtor's ability to pay, both as to amounts accrued and accruing during any period in which public assistance payments are made. The Department of Social Services may petition the appropriate court for modification of a court order on the same grounds as either party to the cause. A person receiving public assistance for the benefit of a dependent child does not incur a debt under this chapter for the period the person received assistance.
Source:
SL 1982, ch 196, §2; SL 1986, ch 218, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-3 - Subrogation right of department.

25-7A-3. Subrogation right of department.
The Department of Social Services is a party in interest and is subrogated to the right of any dependent child or custodian to prosecute or maintain any support action or execute any administrative remedy existing under the laws of this state to obtain reimbursement of public money expended for or on behalf of the child. If a court order, administrative order, or final decree of divorce enters judgment for an amount of support to be paid by a parent or other responsible person, the department is subrogated to the debt created by such order, and any money judgment shall be in favor of the department.
Source:
SL 1982, ch 196, §3; SL 1986, ch 218, §3; SL 2013, ch 119, §6.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-3.1 - Designation of Department of Social Services as state child support case registry--Duties.

25-7A-3.1. Designation of Department of Social Services as state child support case registry--Duties.
Beginning October 1, 1998, the Department of Social Services is designated as the state child support case registry, and shall collect, maintain, update, and monitor child support enforcement records by use of an automated system, for all child support orders being enforced by the department and all support orders entered or modified in the state on or after October 1, 1998.
The state case registry shall extract, share, compare, and receive child support information from other data bases, and furnish and exchange information with the federal case registry of child support orders, the federal parent locator service, other state agencies, and other states to facilitate the establishment or enforcement of child support orders.
The department may adopt rules pursuant to chapter 1-26 to implement the provisions of this section.
Source:
SL 1997, ch 155, §2; SL 1998, ch 157, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-3.2 - Designation of Department of Social Services as state child disbursement unit--Collection and disbursement procedures.

25-7A-3.2. Designation of Department of Social Services as state child disbursement unit--Collection and disbursement procedures.
Beginning October 1, 1998, the Department of Social Services is designated as the state child support disbursement unit. The department shall use automated procedures for the collection and disbursement of child support payments for all support orders being enforced by the department; all support orders subject to withholding of income; and, all other support orders as directed by a court of competent jurisdiction.
The department may adopt rules pursuant to chapter 1-26 to implement the provisions of this section.
Source:
SL 1997, ch 155, §3.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-3.3 - State directory of new hires--Reporting requirements--Multistate employers--Use of information by department.

25-7A-3.3. State directory of new hires--Reporting requirements--Multistate employers--Use of information by department.
By October 1, 1997, the Department of Social Services shall establish a state directory of new hires. The department may enter into cooperative agreements with other state agencies to satisfy the provisions of this section. Effective October 1, 1997, every employer within the state shall furnish to the directory of new hires a report of any newly hired employee which includes the name, address, and social security number of the employee, and the employer's name, address, and identification number as assigned by the Internal Revenue Service.
The report shall be transmitted by the employer to the state directory of new hires no later than twenty days after the date the employer hires the employee, or if the employer transmits the report magnetically or electronically, by two monthly transmissions, not less than twelve days nor more than sixteen days apart. Each report shall be made on a W-4 form or an equivalent form, and may be transmitted by first class mail, magnetically, or electronically. No report may be filed with respect to any employee of a state or local agency performing intelligence or counterintelligence functions, if the head of the agency has determined that filing of the report could endanger the safety of the employee or compromise an ongoing investigation or mission.
Multistate employers which have employees who are employed in two or more states and which transmit reports magnetically or electronically may comply with the requirements of this section by designating one state in which the employer will transmit the required report. Any multistate employer who elects to report in this manner shall notify the secretary of the Department of Health and Human Services in writing as to which state the employer will transmit the report.
The department shall use all information received from employers to locate any person for purposes of establishing paternity; establishing, modifying, or enforcing child support obligations; furnishing information to the national directory of new hires; verifying eligibility for the department's programs; and, shall provide state agencies operating employment security and workers' compensation programs with access to any information reported by employers. Any employer who intentionally fails to comply with any duties imposed by this section commits a petty offense. The Department of Social Services or the Department of Labor and Regulation, or both, may adopt rules pursuant to chapter 1-26 to implement the provisions of this section.
Source:
SL 1997, ch 155, §4; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-4 - Statement required of certain parents.

25-7A-4. Statement required of certain parents.
Upon demand by the Department of Social Services, any parent in the state, whose absence from the home is the basis upon which the department is paying public assistance on behalf of a dependent child, shall complete a statement, under oath, of the noncustodial parent's current monthly income, the noncustodial parent's total income over the past thirty-six months, the number of dependents the noncustodial parent is supporting, the amount the noncustodial parent is contributing regularly toward the support of all children for whom application for assistance is made, the noncustodial parent's current monthly living expenses, and all other pertinent information to determine the noncustodial parent's ability to support the noncustodial parent's children. This section also applies to a parent who owes support to a custodian who has applied for support enforcement services, and to both the noncustodial parent and the custodian in a petition for modification filed pursuant to §25-7A-22.
Source:
SL 1982, ch 196, §4; SL 1986, ch 218, §4; SL 2013, ch 119, §7.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-6 - Hearing requested by parent--Referee's report--Objections--Order of court--Service--Objection to court's modification.

25-7A-6. Hearing requested by parent--Referee's report--Objections--Order of court--Service--Objection to court's modification.
If a parent served with a notice of support debt under §25-7A-5 makes a timely request for a hearing, the secretary of social services shall file the notice of support debt, proof of service thereof, and response thereto in the office of the clerk of the circuit court in the county of residence of that parent. The matter shall be set for hearing before a referee who is a member in good standing of the State Bar Association and is appointed by the court, pursuant to statute, and after due notice to all parties by first class mail. The referee shall make a report to the court, recommending the amount of the debt due to the state, if any, and the monthly support obligation of the parent and the arrearage debt due to the obligee or another state who has applied for support enforcement services, the provision of medical support, or genetic testing costs.
The referee shall file the report with the court and cause copies thereof to be served by mailing to the parties and the secretary. Any party shall have ten days from the date of service of the report in which to file objections to the report. If a party files an objection, the other party shall have an additional five days from the date of service of the objections to file additional objections. If no objection is filed, the circuit court may thereafter, and without further notice, enter its order. If any objection is filed, the circuit court shall fix a date for hearing on the report, the hearing to be solely on the record established before the referee. The circuit court may thereafter adopt the referee's report, or may modify it, or may reject and remand it with instructions or for further hearing. The secretary shall serve the parent the court's order by certified mail, return receipt requested, at the parent's last known address, and shall file proof of service.
If the circuit court's order modifies the referee's report and no hearing was held before the court before entry of its order, any party has ten days from the date of service of the order in which to file an objection to that modification. If an objection is filed, the circuit court shall fix a date for hearing on the objection and after the hearing shall enter its order. The secretary shall serve the order by certified mail, return receipt requested, at the parent's last known address, and shall file proof of service.
Source:
SL 1982, ch 196, §6; SL 1986, ch 218, §7; SL 1989, ch 175, §4; SL 1991, ch 213, §1; SL 1995, ch 144, §2; SL 2005, ch 134, §7; SL 2009, ch 130, §14.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-6.1 - Notice to department of parent's address and employment information.

25-7A-6.1. Notice to department of parent's address and employment information.
An order for support shall include a provision requiring each parent to notify the department of the parent's current address and the name and address of the parent's current employer. The order shall also require each parent to notify the department of a change in the parent's address or employment within seven business days of the change. A child support referee may mail any notice required by §§25-7A-6 and 25-7A-22 to a parent's last known address on file with the department.
Source:
SL 2013, ch 119, §12.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-6.2 - Time for furnishing documents required by referee--Inspection and copying by parties.

25-7A-6.2. Time for furnishing documents required by referee--Inspection and copying by parties.
The parties to a child support proceeding under §§25-7A-6 and 25-7A-22 shall provide all financial and legal documents required by the referee at least five days prior to the hearing date set by the referee. Failure to provide such information five days prior to the hearing may lead to exclusion of the evidence or the application of §25-7-6.26.
The parties may inspect and obtain a copy of the financial documents, including confidential information as defined in §15-15A-8, that are received by the referee in connection with the child support proceeding. This information is to be held confidential and may not be released for any purpose outside of the child support proceeding. The referee may charge a fee not to exceed twenty-five cents per page for reproducing any document requested. If the actual duplication cost exceeds twenty-five cents per page, the referee may request a court order approving a fee of more than twenty-five cents per page. The referee may also charge for the cost of mailing any document requested by a party.
Source:
SL 2013, ch 119, §13.