reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-7 - Secretary's application for support order--Court order--Service.

25-7A-7. Secretary's application for support order--Court order--Service.
If a parent is served with a notice of support debt under §25-7A-5 and does not request a hearing within ten days, the secretary of social services shall file, in the office of the appropriate clerk of the circuit court, the notice of support debt, proof of service thereof, and an application for an order for support. The court shall enter an order for support in accordance with the child support guidelines set by statute, establishing the amount of child support, accrued and accruing, for which the parent is responsible and the amount of the total monthly payment due on the accrued debt to the state, or to an obligee or another state who has applied for support enforcement services, and on the monthly support obligation. The court shall enter an order for medical support, and may enter an order for genetic testing costs, adjudicating the paternity of the child, or establishing custody of the child. The secretary shall serve the parent an order by certified mail, return receipt requested, at the parent's last known address, and shall file proof of service.
Source:
SL 1982, ch 196, §7; SL 1986, ch 218, §8; SL 1989, ch 175, §5; SL 1995, ch 144, §3; SL 2001, ch 134, §2; SL 2009, ch 130, §15.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-8 - Circuit court action to contest paternity or custody.

25-7A-8. Circuit court action to contest paternity or custody.
If a person served with a notice of support debt under §25-7A-5 contests paternity or custody of the child, and the person is presumed to be the parent of the child in accordance with the provisions of chapter 25-8, the secretary shall inform the responding party that an action must be commenced in circuit court in accordance with chapter 25-8 in order to establish that the person is not the father of the child or to establish custody. The notice of support debt, proof of service, and the response shall be filed for the purpose of establishing the support obligation as provided in §25-7A-6. The establishment and enforcement of the obligation may not be stayed pending the action for paternity or custody determination commenced by the respondent.
Source:
SL 1982, ch 196, §8; SL 1986, ch 218, §9; SL 1989, ch 175, §6; SL 1994, ch 204, §12; SL 2001, ch 134, §3.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-10.1 - Filing of action involving previous support order.

25-7A-10.1. Filing of action involving previous support order.
If the proceedings for enforcement of child support involve amendment of a previous support order as fixed by a decree of divorce, judgment in a paternity action or prior enforcement proceedings which have been held in any court in this state, the action shall be filed in the office of the clerk of the circuit court for the county in which such previous order was entered.
Source:
SL 1989, ch 175, §10.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-14 - Interest on support debt or judgment.

25-7A-14. Interest on support debt or judgment.
The Department of Social Services or any support obligee may collect interest on the unpaid principal balance of a support debt or judgment for support at the Category D rate of interest as established in §54-3-16.
Source:
SL 1982, ch 196, §14; SL 1986, ch 218, §16.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-15 - Payor holding amount in excess of debt--Release of excess to obligor.

25-7A-15. Payor holding amount in excess of debt--Release of excess to obligor.
If any payor has income, deposits, accounts, or balances in excess of the amount of the debt claimed by the Department of Social Services or any support obligee, the payor may, without liability under this chapter, release the excess to the obligor.
Source:
SL 1982, ch 196, §15; SL 1986, ch 218, §17.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-16 - Grounds for release of lien.

25-7A-16. Grounds for release of lien.
The secretary of social services may release and satisfy a lien on all or part of the property or income of the obligor or return seized property or income without liability, if assurance of payment is adequate, if the action facilitates the collection of the debt, or if the obligor provides surety satisfactory to the secretary. The release or satisfaction does not operate to prevent future action to collect from the same or other property or income of the obligor.
Source:
SL 1982, ch 196, §16; SL 1986, ch 218, §18.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-17 - Agreement between parents relieving duty of support--Rights of department or support obligee not terminated.

25-7A-17. Agreement between parents relieving duty of support--Rights of department or support obligee not terminated.
An agreement between parents or other responsible persons relieving a party of any duty of support or responsibility or purporting to settle past, present, or future support obligations as settlement or prepayment may not act to reduce or terminate any rights of the Department of Social Services or any support obligee to recover from parents or other responsible persons for support provided, unless the department or any support obligee has consented to the agreement in writing and the agreement has been approved by a court of competent jurisdiction.
Source:
SL 1982, ch 196, §17; SL 1986, ch 218, §19.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-18 - Cooperation between public agencies.

25-7A-18. Cooperation between public agencies.
The secretary of social services may request the cooperation of any public agency, as defined by subdivision 1-24-1(2) and public agencies shall cooperate in locating absent parents, in providing information about the income, resources, and property of a parent, and in providing any other information necessary for the Department of Social Services to perform its functions under this chapter.
Source:
SL 1982, ch 196, §18.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-20 - Enforcement of spousal support obligation.

25-7A-20. Enforcement of spousal support obligation.
The department shall enforce the support obligation due to a spouse or former spouse who is living with the dependent child, but only if a spousal support obligation has been established by court order for the spouse or former spouse and the child support obligation is also being enforced by the department.
Source:
SL 1986, ch 218, §5; SL 2013, ch 119, §9.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-21 - Judgment for arrearage due obligee in absence of court order.

25-7A-21. Judgment for arrearage due obligee in absence of court order.
The secretary of social services may, in the absence of a court order, initiate an action pursuant to the provisions of this chapter to establish a current monthly child support obligation and obtain a judgment for arrearage which is due to an obligee who is not receiving public assistance, but who has applied for support enforcement services, or upon request of the Title IV-D agency of another state for support enforcement services.
Source:
SL 1986, ch 218, §20; SL 1989, ch 175, §7.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-21.1 - Order establishment case--Limitation on prior-period support obligations or arrearages.

25-7A-21.1. Order establishment case--Limitation on prior-period support obligations or arrearages.
In any order establishment case, the custodian is limited to a prior-period support obligation or arrearage not exceeding three years before either the date of application with any Title IV-D agency, the date of filing with a court of competent jurisdiction, or the date of a written demand served personally or by registered or certified mail, return receipt requested, upon the noncustodial parent at the noncustodial parent's last known address, whichever occurs earlier.
Source:
SL 2005, ch 134, §9; SL 2013, ch 119, §10.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-23 - Order for withholding of income or property--Written agreement in lieu of order.

25-7A-23. Order for withholding of income or property--Written agreement in lieu of order.
Upon entry or modification of any order for support, an order for withholding of income or property shall be entered, which shall take effect immediately, unless the obligor or obligee demonstrates, and the court finds, that there is good cause not to require immediate income withholding or if the parties make a written agreement which provides for an alternative arrangement approved by the court. The department may also enter into a written agreement that provides for an alternative payment arrangement in lieu of issuing an order for withholding of income or property as provided in this section. If immediate income withholding is not required, withholding shall take effect if the obligor becomes delinquent in paying any part of the order for support, or upon the date the obligor requests withholding of income, whichever first occurs.
Source:
SL 1986, ch 218, §22; SL 1990, ch 188, §1; SL 2003, ch 146, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-24 - Order for withholding of income served upon obligor where delinquent or support arrearage owed.

25-7A-24. Order for withholding of income served upon obligor where delinquent or support arrearage owed.
If an order for support does not contain a provision for immediate withholding of income or property and an obligor becomes delinquent in any part of the payment of support obligations pursuant to the order for support, or an arrearage exists, the department shall prepare and serve an order for withholding of income on the payor as provided by §25-7A-30. The department shall also advise the obligor of the procedures to contest the withholding.
Source:
SL 1986, ch 218, §23; SL 1990, ch 188, §2; SL 1997, ch 155, §8; SL 1998, ch 157, §3.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-26 - Petition to stay service of order for withholding--Grounds.

25-7A-26. Petition to stay service of order for withholding--Grounds.
The obligor may contest the order for withholding of income by filing a written request for administrative review with the department within ten days after service of the order. The grounds for contesting the withholding shall be limited to:
(1)A dispute concerning the existence or amount of the order for support or delinquency or arrearage; or
(2)The proper identity of the obligor.
The department may adopt rules pursuant to chapter 1-26 to implement the provisions of this section.
Source:
SL 1986, ch 218, §25; SL 1997, ch 155, §10.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-30 - Service of order for withholding.

25-7A-30. Service of order for withholding.
The department shall enter and serve the order for withholding on the payor, its superintendent, manager, or other agent, by certified mail, first class mail, personal delivery, or electronically in accordance with an agreement authorizing electronic service between the department and the payor, its superintendent, manager, or other agent. A copy of the order shall be mailed to the obligor at the obligor's last known post office address. The order for withholding shall be entered whether or not the order for support contains a provision for withholding of income or property.
Source:
SL 1986, ch 218, §29; SL 1997, ch 155, §14; SL 2002, ch 127, §1; SL 2007, ch 159, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-31 - Order for withholding--Contents.

25-7A-31. Order for withholding--Contents.
The order for withholding shall direct any payor to withhold:
(1)An amount equal to the order for support; and
(2)An additional amount not less than ten percent of the order for support, until payment in full of any delinquency.
Source:
SL 1986, ch 218, §30.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-32 - Amount withheld for support and arrearage.

25-7A-32. Amount withheld for support and arrearage.
The amount actually withheld for support and arrearage may not be in excess of fifty percent of wages, salaries, commissions, bonuses, compensation as an independent contractor, workers compensation, reemployment assistance or unemployment compensation, or disability benefits. However, the total amount of arrearage may be withheld from personal property, money, and credits, or other income not otherwise exempt herein.
Source:
SL 1986, ch 218, §31; SL 2019, ch 216, §31.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-33 - Order for withholding not conclusive on issue of arrearage.

25-7A-33. Order for withholding not conclusive on issue of arrearage.
The failure of an order for withholding to state an arrearage is not conclusive of the issue of whether an arrearage is owing.
Source:
SL 1986, ch 218, §32.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-34 - Deduction and transmittal of income by payor.

25-7A-34. Deduction and transmittal of income by payor.
Any payor who has been served with an order for withholding of income shall deduct and pay over income or assets as provided in this section. The payor shall deduct the amount designated in the order for withholding. The first payment shall be deducted from the payment of income which is payable to the obligor following service of the order. The payor shall transmit the amount withheld to the department in accordance with the order for withholding within seven business days after the date the obligor is paid or the obligor's property withheld and in accordance with any subsequent notification received from the department redirecting payment. In addition to the amount designated in the order for withholding, the payor may deduct an amount not to exceed three dollars per month from the obligor's income to cover the expenses involved in transmitting the amount withheld.
Source:
SL 1986, ch 218, §33; SL 1997, ch 155, §15; SL 2004, ch 174, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-35 - Compliance by payor where multiple orders for withholding or multiple obligors.

25-7A-35. Compliance by payor where multiple orders for withholding or multiple obligors.
Any payor who is served with more than one order for withholding against an obligor shall comply with all orders to the extent that the total amount withheld from income does not exceed the maximum amount permitted under §25-7A-32, giving priority in withholding to an order for current support.
A payor may combine amounts withheld from income of several different obligors in a single payment to the department identifying the portion attributable to each obligor.
Source:
SL 1986, ch 218, §34.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-36 - Duty of payor where obligor terminated--Service of order upon new payor.

25-7A-36. Duty of payor where obligor terminated--Service of order upon new payor.
If the obligor is no longer receiving income from the payor, the payor shall return a copy of the order for withholding to the department within five days after termination of employment, and shall cooperate in providing information for the purpose of enforcing this chapter, including the obligor's last known address and the name and address of any new payor, if known.
Upon receipt of a notice of change of payor when an order for withholding is in effect, the department shall serve a copy of the order upon the new payor in the same manner as provided for in §25-7A-30.
Source:
SL 1986, ch 218, §35.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-37 - Withholding made without regard to other claims--Complete defense by payor to claims of obligor.

25-7A-37. Withholding made without regard to other claims--Complete defense by payor to claims of obligor.
Withholding of income under this chapter shall be made without regard to any prior or subsequent legal process under state law, including garnishments, attachments, wage assignments, or any other claims of creditors. Payment as required by the order for withholding shall be a complete defense by the payor against any claims of the obligor or the obligor's creditors as to the sum so paid. A payor who complies with an order for withholding of income that is regular on its face is not subject to civil liability to any individual or agency for any conduct which is in compliance with the order.
Source:
SL 1986, ch 218, §36; SL 1997, ch 155, §16.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-38 - Modification, suspension or termination of order for withholding.

25-7A-38. Modification, suspension or termination of order for withholding.
At any time, either upon petition of an obligor or obligee and hearing thereon, or without petition, the department may:
(1)Modify, suspend, or terminate the order for withholding because of a modification, suspension, or termination of the underlying order for support or arrearage judgment;
(2)Reduce the amount of income to be withheld to reflect payment in full of the arrearage by income withholding or otherwise;
(3)Suspend the order for withholding because of inability to deliver income withheld to the obligee due to the obligee's failure to provide a mailing address or other means of delivery; or
(4)Terminate the order for withholding if no current support obligation is due and the arrearage has been paid.
Source:
SL 1986, ch 218, §37.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-39 - Notice to payor.

25-7A-39. Notice to payor.
The department shall serve on the payor, by certified mail, first class mail, or personal delivery, a copy of any order entered pursuant to this chapter that affects the duties of the payor.
Source:
SL 1986, ch 218, §38; SL 2002, ch 127, §2.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-40 - Binding effect of order for withholding.

25-7A-40. Binding effect of order for withholding.
The order for withholding is binding upon the payor until service of an amended order for withholding or termination.
Source:
SL 1986, ch 218, §39.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-41 - Notice of change of address of obligee.

25-7A-41. Notice of change of address of obligee.
An obligee who is receiving income withholding payments under this chapter shall notify the department of any change of address within seven days of such change.
Source:
SL 1986, ch 218, §40.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-42 - Notice of new payor to department by obligee--Violation as misdemeanor.

25-7A-42. Notice of new payor to department by obligee--Violation as misdemeanor.
Any obligor whose income is being withheld or who has been served with a notice of delinquency pursuant to this chapter shall notify the department of any new payor within seven days. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1986, ch 218, §41.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-43 - Notice of other support payments to department by obligee.

25-7A-43. Notice of other support payments to department by obligee.
Any obligee shall provide notice to the department of any other support payment made, including but not limited to a set-off under federal and state law or partial payment of the delinquency.
Source:
SL 1986, ch 218, §42.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-44 - Collection, apportionment, and disbursements of payments by department--Payment records.

25-7A-44. Collection, apportionment, and disbursements of payments by department--Payment records.
The department shall collect, disburse, and receive payments pursuant to orders for withholding. The department may apportion withheld amounts among multiple support orders, giving priority to current support, and shall maintain complete and accurate records of all payments and disbursements. Withheld amounts that are due to an obligee other than the department shall be distributed promptly to the obligee. A certified copy of payment records maintained by the department or clerk of courts shall, without further proof, be admitted into evidence in any legal proceedings under this chapter.
Source:
SL 1986, ch 218, §43.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-45 - Actions against payor by department.

25-7A-45. Actions against payor by department.
In all cases the department may file an action pursuant to chapter 15-6 in circuit court for judgment and issuance of execution for the total amount that the payor failed to withhold or pay over to the department, and for an order for reinstatement of employment or restitution to the obligor, or both, if the obligor has been discharged, disciplined, or otherwise discriminated against by the payor.
Source:
SL 1986, ch 218, §45.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-46 - Intentional violation by payor as petty offense.

25-7A-46. Intentional violation by payor as petty offense.
Any payor who intentionally:
(1)Fails to withhold or pay over income to the department pursuant to a valid order for withholding;
(2)Discharges, refuses to employ, disciplines, or penalizes an obligor because of the order for withholding; or
(3)Otherwise fails to comply with any of the duties imposed by this chapter;
commits a petty offense.
Source:
SL 1986, ch 218, §46; SL 1992, ch 158, §95; SL 1997, ch 155, §17.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-47 - Request to another state to withhold income of obligor.

25-7A-47. Request to another state to withhold income of obligor.
The department shall request the Title IV-D agency of another state in which an obligor who is delinquent in his support obligation, derives income, to enter an order for the purpose of withholding of income for support. The request shall advise the agency to provide proper notice of withholding to the obligor, including the opportunity to contest the withholding of income, and to order the payor of income to withhold the amount requested. The request shall contain a copy of the order for support, the amount to be withheld, a statement of the arrearage, and any other information necessary to carry out the withholding of income.
Source:
SL 1986, ch 218, §47; SL 1998, ch 157, §4.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-48 - Order to withhold income of obligor upon request from another state.

25-7A-48. Order to withhold income of obligor upon request from another state.
Upon receiving a request from the Title IV-D agency of another state that withholding of income of an obligor is required, including the documentation specified in §25-7A-47, the department shall issue an order to the payor of income to withhold income or property of the obligor in accordance with the provisions of this chapter.
Source:
SL 1986, ch 218, §48.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-49 - Law applicable to withholding of income derived within state.

25-7A-49. Law applicable to withholding of income derived within state.
Except with respect to when income withholding shall be implemented, which shall be controlled by the law of the state in which the support order is entered, the law and procedures of this state are applicable to the withholding of income of an obligor deriving income within this state.
Source:
SL 1986, ch 218, §49.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-50 - Notice to other state where obligor ceases to derive income within state.

25-7A-50. Notice to other state where obligor ceases to derive income within state.
The department shall notify the Title IV-D agency of the other state if the obligor ceases to derive income in this state, and provide the name and address of the obligor and of the new payor of income, if known.
Source:
SL 1986, ch 218, §50.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-51 - Workfare program--Circumstances where participation required.

25-7A-51. Workfare program--Circumstances where participation required.
An obligor who owes past-due child support and whose dependent child is being provided public assistance shall be required to pay support in an amount deemed appropriate by a court or, if not incapacitated, participate in work activities as specified in §407(D) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as of January 1, 1997.
Source:
SL 1986, ch 218, §53A; SL 1997, ch 155, §18.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-52 - Supplemental nature of rights and duties--Prior assignments not invalid.

25-7A-52. Supplemental nature of rights and duties--Prior assignments not invalid.
The rights, remedies, duties, and penalties created by this chapter are in addition to and not in substitution for any other rights, remedies, duties, and penalties created by any other law.
Nothing in this chapter may be construed as invalidating any assignment of wages or benefits for child or spousal support executed or ordered prior to July 1, 1986.
Source:
SL 1986, ch 218, §§51, 52.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-55 - Previous orders legalized, cured, and validated.

25-7A-55. Previous orders legalized, cured, and validated.
All orders previously entered under this chapter are hereby legalized, cured, and validated.
Source:
SL 1989, ch 175, §11.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-56 - Prohibition against issuance or renewal of professional license, registration, certification, or permit of applicant in child support arrearage--Adoption of rules by state agencies.

25-7A-56. Prohibition against issuance or renewal of professional license, registration, certification, or permit of applicant in child support arrearage--Adoption of rules by state agencies.
No state agency or board may issue or renew the professional, sporting, or recreational license, registration, certification, or permit of any applicant after receiving notice from the Department of Social Services that the applicant has support arrearages in the sum of one thousand dollars or more, unless the applicant first makes satisfactory arrangements with the Department of Social Services for payment of any accumulated arrearages. An applicant who disputes a determination by the Department of Social Services that the applicant has support arrearages of one thousand dollars or more shall, upon request, be given a due process hearing by the department. Upon recommendation by the department, the licensing agency or board may issue a temporary license, registration, certification, or permit to the applicant pending final resolution of the due process hearing. The department may promulgate rules pursuant to chapter 1-26 to implement the provisions of this section.
The term professional license, registration, certification, or permit as specified by this section includes any profession or occupation as specified in Title 36; insurance brokers, agents, and solicitors as specified in chapter 58-30; teachers and administrators as specified in chapters 13-42 and 13-43; attorneys as specified in chapter 16-16; securities agents, securities brokers, investment advisers, or investment adviser representatives as specified in chapter 47-31B; pilots as specified in chapter 50-11; day care providers as specified in chapter 26-6; gaming employees as specified in chapter 42-7B; and law enforcement officers as specified in chapter 23-3. The state agencies or boards which govern the professions, recreational licenses, and occupations listed in this paragraph may adopt rules pursuant to chapter 1-26 to implement the provisions of this section for their particular profession or occupation.
Source:
SL 1993, ch 195; SL 1994, ch 202, §1; SL 1996, ch 167, §1; SL 1997, ch 155, §19; SL 1998, ch 157, §5; SL 2004, ch 278, §60; SL 2007, ch 160, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-56.1 - Revocation, suspension, or restriction of licenses of child support obligors.

25-7A-56.1. Revocation, suspension, or restriction of licenses of child support obligors.
A circuit court may revoke, suspend, or restrict a person's drivers, professional, occupational, sporting, or recreational license if the person owes past-due support, or if the person, after receiving appropriate notice, fails to comply with a subpoena or warrant relating to a paternity or child support proceeding.
Source:
SL 1997, ch 155, §20; SL 1998, ch 157, §6.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-56.2 - Recordation of social security number of child support obligors.

25-7A-56.2. Recordation of social security number of child support obligors.
To facilitate the collection of child support and to facilitate locating child support obligors, the following information shall be recorded in the following manners:
(1)The social security number of any applicant for a professional license, drivers license, occupational license, recreational license, sporting license, or marriage license shall be recorded on the application. If an agency allows the use of a number, other than the social security number as the license number, the agency shall advise the applicant;
(2)The social security number of any person who is subject to a divorce decree, support order, paternity adjudication, or paternity acknowledgment shall be recorded on the document relating to the matter;
(3)The social security number of any person who has died shall be placed in the death records and recorded on the death certificate;
(4)The social security number, drivers license number, or identification number of the owners shall be recorded in the records maintained by the Division of Motor Vehicles upon the issuance of the title or renewal of a registration.
Source:
SL 1997, ch 155, §21; SL 1998, ch 157, §7.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-56.3 - Administrative authority of Title IV-D agency in paternity and support actions.

25-7A-56.3. Administrative authority of Title IV-D agency in paternity and support actions.
In actions involving either the establishment of paternity, or the establishment, modification, or enforcement of a support order, any Title IV-D agency shall have the administrative authority to perform the following functions without the necessity of obtaining an order from any other judicial or administrative entity:
(1)To order genetic testing for purposes of paternity establishment;
(2)To administratively subpoena any financial or other information needed by the department to establish, modify, or enforce a child support order.
Any person or entity who intentionally fails to respond to a subpoena issued by the department pursuant to this section commits a petty offense.
Source:
SL 1997, ch 155, §22.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-56.4 - Administrative access of Title IV-D agency to motor vehicle or law enforcement locator systems.

25-7A-56.4. Administrative access of Title IV-D agency to motor vehicle or law enforcement locator systems.
Any Title IV-D agency conducting child support enforcement activities shall have access to any motor vehicle or law enforcement system used within the state for purposes of locating a person.
Source:
SL 1997, ch 155, §23.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-56.5 - Disclosures to Title IV-D agencies.

25-7A-56.5. Disclosures to Title IV-D agencies.
All entities within this state, including for-profit, nonprofit, and governmental employers shall promptly respond to a request from any Title IV-D agency for information regarding the employment status, rate of compensation, or benefits provided by the employer to any employee or contractor. Any entity who intentionally violates the provisions of this section commits a petty offense.
Source:
SL 1997, ch 155, §24.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-56.6 - Title IV-D agency records access.

25-7A-56.6. Title IV-D agency records access.
For purposes of child support enforcement activities, any Title IV-D agency is hereby granted access to information contained in the following records including, if applicable, automated access to case records maintained in automated data bases:
(1)Records of other state and local government agencies, including:
(a)Vital statistics, including records of marriage, birth, death, or divorce;
(b)State and local tax revenue records, including information on residence address, employer, income, and assets;
(c)Records concerning real and titled personal property;
(d)Records of occupational and professional licenses, and records concerning the ownership and control of corporations, partnerships, and other business entities;
(e)Employment security records;
(f)Records of agencies administering public assistance programs;
(g)Records of the Division of Motor Vehicles; and
(h)Records of the Department of Corrections.
(2)Records held by private entities with respect to individuals who owe or are owed support or against whom a support obligation is sought, consisting of:
(a)The names, addresses, and telephone numbers of individuals, and the names and addresses of the employers of the individuals, as appearing in the customer records of public utilities and cable television companies, which shall be provided pursuant to an administrative subpoena issued by the department;
(b)Information, including information on assets and liabilities related to the individuals and held by any financial institution.
Any information obtained by the department pursuant to this section is confidential in nature, and may be used or disclosed only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation. Any entity which provides information to the department is not subject to civil or criminal liability for releasing or disclosing the requested information.
Source:
SL 1997, ch 155, §25.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-56.7 - Filing requirements.

25-7A-56.7. Filing requirements.
Upon entry of an order for support, each party to any paternity or child support proceeding shall file with the appropriate tribunals as defined in §25-9C-102 a written statement specifying the party's name, social security number, residential and mailing address, telephone number, driver's license number, and the name, address, and telephone number of any current employers. A tribunal may not accept for filing any order for support unless and until the written statement is provided by each party. The tribunal shall forward the written statement to the state case registry. If the required information is unavailable, the order for support may be filed with the tribunal providing the trial judge certifies in writing on the order that the required information is unavailable. Each party subject to an order for support shall also notify the appropriate tribunals of any changes to this information, as necessary.
In any subsequent child support enforcement or modification action between the parties, and upon sufficient showing that diligent efforts have been made to ascertain the location of a party, the tribunal shall deem due process requirements for notice and service of process satisfied by delivering written notice to the most recent residential or employer address on file with the tribunal.
Source:
SL 1997, ch 155, §26; SL 1998, ch 157, §8; SL 2013, ch 119, §11; SL 2015, ch 148, §81.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-56.8 - Jurisdiction of authorized tribunals.

25-7A-56.8. Jurisdiction of authorized tribunals.
Any tribunal as defined in §25-9C-102 authorized to determine child support and paternity cases within this state may exercise statewide jurisdiction over any of the parties involved in the proceedings and may transfer a case between local jurisdictions without the need for any additional filings or service of process.
Source:
SL 1997, ch 155, §27; SL 2015, ch 148, §82.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-56.9 - Reporting requirements of child support obligor's financial institution.

25-7A-56.9. Reporting requirements of child support obligor's financial institution.
The department shall enter into agreements with any financial institution conducting business within the state whereby the financial institution shall, on a quarterly basis, provide to the department the name, record address, social security number, or other taxpayer identification number, and other identifying information requested by the department for each obligor who owes past-due child support, and who maintains an account at the financial institution. Every financial institution shall also comply with any lien, levy, or order for withholding of income issued by the department against any account.
A financial institution is not liable to any person or entity for release or disclosure of any information required herein, and is not liable for encumbering or surrendering to the department any assets held by the financial institution and owned by the obligor. A financial institution is not liable to any person or entity for any other action taken in good faith by the institution to comply with the requirements of this section. Any information obtained by any Title IV-D agency pursuant to this section is confidential in nature and may be disclosed only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation.
As used in this section, financial institution includes any financial institution as defined in subdivision 10-43-1(4), any institution regulated by chapter 47-31B, and any other depository institution, credit union, benefit association, insurance company, safe deposit company, bond fund, money market mutual fund, and any mutual fund of any kind or character. The term, account, as used in this section includes any demand deposit account, checking account, negotiable withdrawal order account, savings account, time deposit account, money market or any type of mutual fund account, and intangible property as defined in subdivision 43-41B-1(10).
Source:
SL 1997, ch 155, §28; SL 2004, ch 278, §61.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-56.10 - Withholding from reemployment assistance benefits.

25-7A-56.10. Withholding from reemployment assistance benefits.
Upon receiving notice from the Department of Social Services that a person owes child support, the Department of Labor and Regulation shall immediately withhold funds from the person's state reemployment assistance benefits and forward the withheld amounts to the Department of Social Services. The Department of Labor and Regulation shall withhold the amount as designated by the Department of Social Services except that the amount actually withheld may not be in excess of fifty percent of the person's benefits. The person shall also be notified that the person may contest the withholding by filing a written request for administrative review with the Department of Social Services in accordance with §25-7A-26.
Source:
SL 1997, ch 155, §29; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SL 2019, ch 216, §32.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-56.11 - Title IV-D agency as payee.

25-7A-56.11. Title IV-D agency as payee.
In any case in which any Title IV-D agency is providing child support enforcement or income withholding services, the Title IV-D agency may direct any obligor or other payor to change the payee to the Title IV-D agency, or other appropriate entity. The Department of Social Services may also redirect support payments as allowed by this section to meet the requirements of §25-7A-3.2. The Title IV-D agency or department shall notify the obligor, the obligee, and the clerk of court of any change.
Source:
SL 1997, ch 155, §30; SL 1998, ch 157, §9.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-57 - Award of attorney fees and costs in child support modification hearings.

25-7A-57. Award of attorney fees and costs in child support modification hearings.
In any hearing for modification of support, the referee may recommend the imposition of attorney fees and costs. If the referee determines that the filing is frivolous or vexatious, the referee may also recommend the imposition of any additional costs incurred by the innocent parent including lost wages, travel expenses, and the cost of the referee.
Source:
SL 1994, ch 203.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-58 - Health insurance for dependent child.

25-7A-58. Health insurance for dependent child.
If an order for support requires a parent of a dependent child to provide health insurance coverage for that child, any insurer subject to chapter 58-33 and who is engaged in the business of health insurance as well as any employer or union who provides family health insurance coverage to its employees or members, upon receiving written notice of such order and an application from either the noncustodial parent, custodial parent, or the department, or upon receiving a national medical support notice from any Title IV-D agency, is required to allow enrollment of such dependent child without regard to any applicable enrollment season restrictions and without being subject to underwriting restrictions or exclusionary riders. The insurer or plan administrator shall also complete the applicable sections of the national medical support notice within forty business days of the date of the notice and forward the notice to any person or entity specified in the notice. No insurer, employer, or union providing family health insurance benefit plans as set out in this section may eliminate or cancel the ordered medical support coverage for the dependent child unless it is provided evidence that:
(1)The original court or administrative order is no longer in effect;
(2)The dependent child is or will be enrolled in comparable health insurance coverage through another insurer or employer and which coverage will take effect not later than the effective date of the elimination or cancellation of the previous health insurance coverage;
(3)As an employer or union, and not a health insurer subject to the provisions of this section, who previously provided family health insurance benefit coverage to its employees or members, the employer or union has eliminated family health insurance coverage to all of its employees or members; or
(4)Any available continuation coverage is not elected, or the period of such coverage has expired.
Optional or supplementary coverages are not required to be included in the medical support health insurance coverage unless specifically required by the order for support. Any person or insurer who fails to comply with this section is, in addition to any other penalties permitted by law, subject to the enforcement and penalty provisions of Title 58.
Any employer who intentionally fails to comply with any duties imposed by this section commits a petty offense.
Source:
SL 1994, ch 387, §16; SL 2002, ch 128, §1.
2023 South Dakota Codified Laws › Title 25 - Domestic Relations › Chapter 07A - Collection Of Child Support › Section 25-7A-59 - Withholding employee's compensation for dependent child's medical support--Required filing time--Limitation on amount--Penalty.

25-7A-59. Withholding employee's compensation for dependent child's medical support--Required filing time--Limitation on amount--Penalty.
In any case where there is in effect an order for support requiring an obligor to provide medical support for a dependent child, the employer of the obligor, upon receiving a national medical support notice from any Title IV-D agency is required to complete the applicable sections and forward the notice to the persons or entities specified in the notice within twenty business days of the date of the notice. Upon receiving notice of successful enrollment, the employer shall withhold from the employee's compensation the employee's share of premiums, if any, for health coverage required for the medical support of the dependent child. Any employer withholding compensation from an employee for the purposes set forth in this section is required to pay, upon the premium due date, the employee's share of the premium to the insurer providing the health coverage for the dependent child. The total amount withheld for support and health insurance premiums may not exceed the amount specified in §25-7A-32, giving priority to the payment of current and past-due support.
Any employer who intentionally fails to comply with any duties imposed by this section commits a petty offense.
Source:
SL 1994, ch 387, §17; SL 2002, ch 128, §2.