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South Dakota State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
8 Local Offices.
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
No
A2.1. If yes, what is the statutory citation?
NA
For Additional Information - No Link Provided
A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No
A2.3. If yes, please explain.

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
SDCL 25-9C.
For Additional Information - No Link Provided
B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
One.

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
Currently we are only reciprocating with the federal foreign reciprocating countries.
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
C2. Has your state established reciprocity with any Native American tribal courts?
Yes
C2.1. If yes, list the tribes and identify services provided, if less than full services.
The Sisseton-Wahpeton Oyate Tribe has a federally approved CSE program, and interstate requests should be sent directly to the SWO Child Support Enforcement, PO Box 808, Agency Village, SD 57262-0808. The Standing Rock Sioux Tribe also has a federally approved CSE program. Interstate requests should be sent directly to SRST Child Support Enforcement Agency, PO Box 827, Fort Yates, ND 58538-0827.
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
No
C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) **

D. Age of Majority

D1. What is the age of majority in your state?
18 or until 19 years of age, if full-time student in a secondary school (high school).
D2. What is the statutory citation for the age of majority?
SDCL 25-5-18.1.
For Additional Information - exit disclaimer
D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
If the order was entered prior to 7/1/1986, support terminates at age 18. Orders entered after 7/1/1986, support terminates at age 18, or 19 if a full-time student in secondary school.
D4. Does the date of the order determine the law that is applied?
Yes
D4.1. If yes, please explain.
The state statute applies to orders entered after 7/1/1986.
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
The parties can agree to a longer period of support and if approved by court order is enforceable and binding upon the parties.
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
The only time the support would be reduced automatically would be in cases where the court order indicates a specific amount to be paid for each child.
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
No.
D8.1 If not, how does this affect interstate referrals?
If the IVD case was opened in the other state prior to the child(ren) emancipating, SD will accept the intergovernmental referral.

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?
20 years from date support is due.
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E2. What is your State's statute of limitations for paternity establishment?
Proceedings may start anytime before 18th birthday.
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E3. Is dormancy revival/renewal possible?
No
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.

For Additional Information - No Link Provided

F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Income Shares.
For Additional Information - No Link Provided
F2. Does your state charge interest on arrears?
No
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
South Dakota Division of Child Support (DCS) does not compute interest. However, the obligee can initiate a court action to obtain a judgment for interest. The court has the discretion as to whether or not to grant the interest judgment. If the interest is reduced to judgment and a copy of the judgment is provided to DCS, DCS will collect the judgment along with the child support. Interest is computed at 1% per month (SDCL 25-7A-14 and 54-3-16).
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F3. Does your state charge interest on retroactive support?
No
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
South Dakota Division of Child Support (DCS) does not compute interest. However, the obligee can initiate a court action to obtain a judgment for interest. The court has the discretion as to whether or not to grant the interest judgment. If the interest is reduced to judgment and a copy of the judgment is provided to DCS, DCS will collect the judgment along with the child support. Interest is computed at 1% per month (SDCL 25-7A-14 and 54-3-16).
F4. Does your state charge interest on adjudicated arrears?
No
F4.1. If yes, please indicate the amount of interest charged and any related conditions.
South Dakota Division of Child Support (DCS) does not compute interest. However, the obligee can initiate a court action to obtain a judgment for interest. The court has the discretion as to whether or not to grant the interest judgment. If the interest is reduced to judgment and a copy of the judgment is provided to DCS, DCS will collect the judgment along with the child support. Interest is computed at 1% per month (SDCL 25-7A-14 and 54-3-16).
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes
F5.1. If yes, under what circumstances?
The obligee must obtain a judgment for the unreimbursed medical expenses and provide a copy of the judgment to DCS. DCS will collect the medical judgment along with the child support.
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
Yes
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
Obligee - $5.00 application fee for IV-D services; $20 fee for Locate Only; $50 ($54 if no SSN) for child custody or parental kidnapping; $25 for wage withholding only.
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
Obligor - Genetic Testing Costs, Court Costs.
F7. Does your state recover costs on behalf of the initiating state?
Yes
F7.1. Optional comments regarding recovery of initiating state's fees.
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
Paternity - SDCL 15-7-2(8). Establishment - SDCL 15-7-2(7).
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
SD will only enforce spousal support if current child support is due.
F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)
No.
F10.1. Optional comments regarding required information on spouse or partner.
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
SD pays the fee out of its own funds.
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
No
F11.2 Does your state collect the fee from the person applying for IV-D services?
No.
F11.3. Does your state collect the fee from the absent parent?
No
F11.4. Does your state pay the fee out of its own funds?
Yes
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
10/01/2008
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
No
F14. Does your state participate in the pass-through in former assistance cases?
No
F14.1. If yes, provide the date.
F15. Will your state discontinue eligible assignments under the DRA of 2005?
Yes
F15.1. If yes, list the eligible assignments your state would discontinue.
10/01/1997
F15.2. When will your state discontinue each type of assignment?
10/01/2008
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
Notice that TANF benefits have been approved for the child in the household of a different recipient/caretaker. The order follows the child.
For Additional Information - No Link Provided
F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
Notice that Medical benefits have been approved for the child in the home of a new recipient/caretaker. However, if the caretaker is not a biological parent, the caretaker must have legal custody or guardianship of the child(ren).
For Additional Information - No Link Provided
F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
If no benefits are being expended for the child, a different custodian will need to have court ordered custody or guardianship of the child.
For Additional Information - No Link Provided
F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
South Dakota pays the fee out of its own funds.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
Yes
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
DNA test costs, court costs, services of process fees.
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
Yes.
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
South Dakota sends back an automated notice but we are not programmed to send the request as SD does not assess interest on our orders.

G. Income Withholding

G1. What specific source of income is not subject to withholding?
Supplemental Security Income (SSI); VA Benefits; Work Release Earnings of inmates of the State Penitentiary; State Retirement Funds; Census Bureau Earnings; Work Study.
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
Yes
G2.1. If yes, what are those limits?
Total amount of arrearage may be withheld from personal property, money and credits, or other income not listed. 50% of wages, salaries, commissions, bonuses, compensation as an independent contractor, workers compensation, unemployment compensation or disability benefits. SDCL 25-7A-32
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
The employer may deduct an amount up to $3.00 per month from the obligor's income to cover the expenses involved in transmitting the amount withheld. SDCL 25-7A-34.
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G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
First payment of income which is payable to the obligor following service of the order.
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within seven business days after the obligor is paid or property withheld.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Request employer compliance. If unsuccessful with voluntary compliance, refer to prosecutor for court action.
G7. What is the penalty to an employer for failure to remit payments withheld?
Petty Offense. Can also sue employer for amounts which were not withheld as required by law.
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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No
G8.1. Explain your process for receiving direct withholding orders across state lines.
The South Dakota Department of Labor will not accept direct withholding from any state.
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G8.2. What documents are required to intercept UI benefits?
SD child support has an automatic intercept for UI benefits. A full UIFSA packet requesting interception of benefits will need to be submitted to SD central registry.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
Yes
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
G10. How does an obligor contest income withholding in your state?
By filing a written request for administrative review.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
The total amount withheld cannot exceed 50% of an employee's income, after deducting the following: federal income tax, social security tax, and any other deductions which are required to be withheld, either by law or as a condition of employment. If multiple withholding orders, the employer is to prorate payment to each withholding order, giving priority to payment of current child support.
G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?
Yes
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
SDCL 25-7A-32
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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
The total amount withheld for child support cannot exceed 50% of an employee's income after deducting state, federal & local taxes; Social Security tax; statutory pension contributions; Medicare taxes; & other deductions which are required to be withheld, either by law or as a condition of employment.
G13. When does your state require the employer to send notice of an employee's termination?
The employer must promptly notify the Child Support Agency when the employee is no longer working for them.
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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
The IWO is valid until a termination order is received by the employer. However, in most instances, a new withholding order is issued when the employee returns to the employer.
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No.
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
The noncustodial parent may pay his current support with a credit card through the Division of Child Support's website.
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G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Direct income withholding orders may be issued to employers, financial institutions and workers compensation carriers. However, South Dakota Unemployment Insurance Division does not accept direct withholding orders from other states.
For Additional Information - No Link Provided
G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.
South Dakota law gives priority to current support and arrearages. The amount withheld for current support, arrearages and health insurance premiums cannot exceed the 50% withholding limitation.
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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
The Division of Child Support distributes child support payments on a pro rata basis with current support obligations being satisfied first.
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
Rule 67:18:01:25.
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G21. Does your state's law require a signature on the income withholding order?
Yes

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
Yes
H1.1. If yes, please explain.
In certain actions for establishing a child support order and if the obligee is the biological mother of the child, the child support order may state "NAME has physical custody of the aforementioned child(ren) and is entitled to support based on the statutory custody established by SDCL 25-5-10 and 25-8-7."
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
99% or higher.
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
South Dakota has rebuttable presumptions of paternity. Either party can rescind the affidavit by commencing an action in circuit court within 60 days of signing the affidavit unless any administrative or judicial proceeding related to the child has already been commenced. A party can also contest paternity for a period of up to 3 years after signing the paternity affidavit on the basis of fraud, duress or material mistake of fact. In order to do so, the party will be required to commence circuit court action.
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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
07/01/1994
H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.

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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
The NCP must commence an action to contest paternity in circuit court within statutory time frames referenced above.
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H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
No
H6.1. If no, briefly explain.
The father must either sign a paternity affidavit, there must be genetic test results of 99% or higher, or there must be a judgment of paternity entered by the circuit court.
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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
The father's name of the birth certificate does not establish paternity.
H8. Does your state have any other paternity-related presumptions?
No
H8.1. If yes, briefly explain.
H9. Does your state have a putative fathers' registry?
No
H9.1. If yes, what is the name of that entity?
None.
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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
No
H10.1. If yes, please describe any circumstances under which these fees may be waived.
A Child Support Enforcement Transmittal #3 is required to be sent to SD Central Registry requesting a copy of the paternity acknowledgement. It normally takes 7-10 days to receive from Vital Records and the paternity affidavit is mailed upon receipt. If you want the paternity affidavit copy emailed to you, the request must indicate this and an email address must be provided. The paternity affidavit will be emailed through Voltage secured email system. Original Paternity Acknowledgement and/or order of adjudication is to be sent directly to the Office of Vital Records
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H11. Is common-law marriage recognized in your state?
No
H11.1. If yes, briefly describe the standard that defines common-law marriage.
H11.2. When did your current common-law standard go into effect?
H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?

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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
Depending upon circumstances and judge. Videotape and teleconferencing may be used.
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
SDCL 15-7-2(8); Child must have been conceived in South Dakota.
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H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
The responding state is responsible for the genetic testing costs. However, if the initiating state has conducted genetic testing prior to the intergovernmental referral and requests reimbursement of the genetic testing costs, a judgment for the amount of cost will be obtained.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
The affidavit acknowledging paternity must be executed and filed shortly after the birth of the child in order to have the father's name listed on the birth certificate. In order to modify the birth record, the court order must adjudicate paternity, must order the birth record to be amended to include the father's name, and a Court Determined Paternity Report must be filed with the court and the Vital Records office in the Department of Health.
H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?
One set of documents with a separate paternity affidavit for each child.

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Administrative and Judicial.
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
Administrative process is used when Notice of Support Debt is served on the parents and the action is not contested. Application for an order for support is then filed with circuit court.
I1.2. Under what circumstances would a judicial process would be used?
Judicial proceedings are used when a request for a hearing on the Notice of Support Debt is submitted in writing or when a referral is made to the IV-D prosecutor to initiate court proceedings to establish a child support order.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
SDCL 25-7A-5 through 25-7A-7.
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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
The combined monthly net incomes of both biological/adoptive parents is used in determining the child support obligation.
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I3. What criteria for rebutting your presumptive guidelines have been established in your state?
The NCP has 10 days from date of service of the Notice of Support Debt to request a hearing.
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I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
Limited to 3 years from date of application. SDCL 25-7A-21.1
I4.2. What information or documentation does your State require to proceed?
Child Support Enforcement Transmittal #1, Uniform Support Petition, General Testimony, and Proof of Paternity (Genetic Test Results showing 99% or higher probability; paternity affidavit/acknowledgment; or order adjudicating). If child was born during the marriage, date of marriage is required. If paternity is an issue, an Affidavit in Support of Establishing Paternity needs to be included.
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I4.3. Will your state allow a petition for support when the only issue is retroactive support?
Yes
I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
Prior period support is limited to 3 years retroactive to date of application. SDCL 25-7A-21.1
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
South Dakota uses judicial and quasi-judicial processes to establish paternity, establish support orders, and modify support orders. Both administrative and judicial processes are used to enforce support obligations.
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I6. What is your state's statutory authority for the administrative process?
SDCL Chapter 25-7A
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I7. Is there a local state law that allows an interstate administrative subpoena?
Yes, SDCL 25-7A-56.3
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No.
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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
Yes.
I10. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
Yes.
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
If the order which reserves support is the controlling order, the parties will need to return to court in the state which issued the order to have support set. If it is a SD order and one of the parties still resides in SD, an action will need to be commenced in Circuit Court to have support set.
I12. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before a support order is modified or established?
No. If the parents have agreed to a change in physical custody without the court's approval, the order may be modified as the parent who relinquished physical custody may be ordered to pay support. SDCL 25-7-6.24
I13. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before support can be redirected to the new payee?
A change in legal custody is not required if the child's residence changes from one parent to the other, if the parties are in agreement. Or, if the child's residence changes from a parent to a relative caretaker who is receiving tanf. However, if the child is residing with a caretaker who is not receiving tanf for the child, then legal custody must be obtained. SDCL 25-7A-2
I14. What methods of personal service does your state use? **
Forward documents needing to be served to the sheriff or other public official or to a private process server.
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
Pro-rata share of health insurance cost for the child(ren). The cost of insurance attributable to the child(ren) will be will be apportioned between the parents. Child care expenses. If the IVD agency is establishing the order, one of the parties will need to request a hearing on the Notice of Support Debt to request the child care expenses.
I17. Please provide the relevant statutory or case law citation. **
25-7-6.16. Medical support--Insurance--Computation of costs--Apportionment between parents. 25-7-6.18. Order allocating child care expenses.
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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
No
I18.1 If yes, indicate the appropriate responses. **

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).
J1.1. Are your state income tax refund procedures judicial, administrative, or both?
Not applicable.
J2. Is the lien process in your state judicial, administrative, or both?
Administrative process.
J2.1. What are the trigger criteria for filing a lien?
Any arrearage.
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J2.2. Where are your state liens filed?
County Register of Deeds.
J2.3. Does your state charge a fee for filing a lien?
No
J2.4. If yes, please indicate the amount.
Not applicable.
J.3. Does your state enforce property seizure and sale?
Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Judicial process.
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Administrative. South Dakota Division of Child Support issues a lump sum Income Withholding Order to the financial institutions to seize funds within account.
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?
The Division of Child Support sends a copy of the lump sum Income Withholding Order to the non-custodial parent.
J4.2. Does your state's income withholding definition include amounts in financial institutions?
Yes.
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J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
The Division of Child Support sends a copy of the lump sum Income Withholding Order to the non-custodial parent.
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
Simultaneously.
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
The noncustodial parent's total arrears exceeds $1,000 and 3 consecutive months of no payment. The financial institution account balance must be $4,000 or higher. Discretion is used when the account is a checking account and/or joint account and the noncustodial parent is the secondary account holder. If the noncustodial parent is receiving SSI, SSDI or TANF, the lump sum Order to Withhold will not be issued to the financial institution.
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
$1,000.
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J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
Yes.
J5.3.1. If yes, please provide the time frame.
Three consecutive months with no payment.
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, provide the percentage.
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
$4,000.00
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
State.
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
20 days from the date the payment is received by the State Disbursement Unit.
For Additional Information - No Link Provided
J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
10 days from the decision date on the Administrative Review.
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
Wrong person or arrears balance discrepancy.
For Additional Information - No Link Provided
J5.10. Is your state's complaint review process judicial, administrative, or both?
Administrative.
J5.11. What are your state's penalties for incorrect seizures?
None
J5.12. Is the second challenge administrative, judicial, or both?
Administrative.
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
10 days from date of notice. No unique requirements. No recourse for non-debtor.
J5.14. Is the freeze and seize operation in your state centralized or automated?
Not centralized. Not automated.
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
Account can be seized as long as there is immediate withholding in the order or the obligor has been served with a Notice of Withholding.
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
Yes
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
Stocks and Bonds are considered income under state withholding laws.
For Additional Information - exit disclaimer
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
No.
For Additional Information - No Link Provided
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
Within 7 days of the date of withholding order.
For Additional Information - exit disclaimer
J6. Does your state withhold state funds or benefits?
Yes
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?
Administrative process.
J7. Describe any other administrative enforcement procedures your state may have.
Issue lump sum Income Withholding Order against insurance settlements. Lottery offset.
J8. Describe any other judicial enforcement procedures your state may have.
Order to show cause or contempt hearings.
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
Send to Register of Deeds in county where property is located and that office will record the lien.
For Additional Information - exit disclaimer
J10. Which of your state's enforcement remedies are available without judicial actions?
Income Withholding. Lottery Offset, Driver and professional license restriction, UI and Workers Compensation Withholding.
J11. Describe your state's procedures for registering and enforcing another state's order.
Registration is made when all administrative enforcement attempts have been exhausted. A referral to the IV-D prosecutor is made to register the order and proceed with an Order to Show Cause or Contempt Hearing.
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
After the registration, the NCP is served with an Order to appear in Circuit Court.
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes
J13.1. If yes, provide the statutory citation.
15-16A-1 to 15-16A-10.
For Additional Information - exit disclaimer
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Any obligor who is delinquent in the payment of support and owes in excess of $1000 in child support arrears is required to be submitted to the credit bureaus. SDCL 28-1-69
J15. To which credit bureaus does your state report an obligor's child support information?
Experian, TransUnion, and Equifax.
J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
FIDM and UI.
J19. What documentation does your state require to proceed with an AEI request?
CSE Transmittal #1, Affidavit of Arrears, copies of all Court Orders and verification of how paternity was established. For FIDM, a copy of the match information is required.
J20. What mandatory data elements does your state need to process AEI requests?
South Dakota has to build a complete case on our system in order to process. Therefore, all data elements for an interstate action is required.
For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm
J21. Which additional data elements would aid your state in processing AEI requests?
J22. How many copies/sets of documents does your state require with an AEI request?
One
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
The criteria depends on the action being requested. Contact South Dakota Central Registry prior to sending a request.
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
Yes
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
SD's laws allow for a lump sum income withholding order to be issued on an account at a FI. Therefore, SD requires UIFSA Transmittal #1 to be sent to the Central Registry. SD also requires a certified copy of all orders, affidavit of arrearages, and proof of paternity. The noncustodial parent's total arrears must exceed $1,000 and 3 consecutive months of no payment. The financial institution account balance must be $4,000 or higher. Discretion is used when the account is a checking account and/or joint account and the noncustodial parent is the secondary account holder. If the noncustodial parent is receiving SSI, SSDI or TANF, the lump sum Order to Withhold will not be issued to the financial institution.
J25. What is the procedure for obtaining a certified copy of a court order?
Send a Child Support Enforcement Transmittal #3 to SD Central Registry requesting a cerfified copy of the order.
J26. What is the procedure for obtaining a certified payment record?
Send a Child Support Enforcement Transmittal #3 to SD Central Registry requesting a cerfified copy of the payment history.
J27. Is there a cost for requesting a certified copy of a court order or payment record?
No.
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
SD has a two part process, see J32 for full explanation of the process. A driver's license can be revoked if the non-custodial parent has failed to pay for a minimum of 60 days after an agreeement has been signed. SD does not have a low income or hardship exemption.
J29. What triggers a driver's license revocation?
SD has a two part process, see J32 for full explanation of the process. A driver's license can be revoked if the non-custodial parent has failed to pay for a minimum of 60 days after an agreement has been signed.
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
Yes for a restriction. No for a revocation.
J29.2 If yes, what is the amount?
A restriction will be placed on a driver's, professional, hunting and/or fishing license(S) after no payments have been received for 3 months and the delinquency balance exceeds $1000. A restriction means the license they possess is still valid but they will not be able to renew without a release from the Division Child Support (DCS).
J30. Under what conditions may a noncustodial party restore the driver's license?
Agreement with DCS or payment.
J30.1 What is the process for restoring a driver's license?
To remove a restriction, the non-custodial parent has to pay the balance in full or sign an agreement that they will pay the current monthly support obligation and a specified amount towards the arrears each month. To remove a revocation, the non-custodial parent typically has to pay a minimum of 3 months support in a lump sum or make 3 months of consistent payments.
J31. Does your state allow temporary or conditional driver's licenses?
Yes
J31.1 If yes, what are the conditions?
Yes for a restricted license. There is not an option for a revoked license. The Department of Public Safety will allow a one-time, 6 month temporary license if the license is only restricted.
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
SD has a two part process for license restriction/revocation. If no payment is received on a case for at least 3 months and the delinquency balance exceeds $1000, a restriction will be placed on the non-custodial parent's driver, professional, hunting and/or fishing license(s). The license(s) is still valid. However, the non-custodial parent will not be able to renew the license(s) until an agreement is signed with DCS or the balance is paid in full. The agreement requires the non-custodial parent to pay the current monthly child support obligation, if applicable, plus a specified additional amount towards the arrears each month. If the NCP fails to pay for a minimum of 60 days any time after signing the agreement, DCS may proceed with revocation of the driver's license.
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes.
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
Yes.
J33.2 What is the dollar amount?
$250 for TANF or IVE cases and $500 for NTANF cases.
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
No.
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No.
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
N/A
J36.2 What is the dollar amount?
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
No.
J38.2 What is the dollar amount?
N/A
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
No.
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
Yes. SDCL 25-7-6.21

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every 3 years.
For Additional Information - No Link Provided
K2. Briefly describe your state's modification procedure.
On request of CP, NCP or Initiating Jurisdiction.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
Petition is requested and completed by petitioning party. Petitioning party sends completed petition with appropriate attachments to Modification Section of DCS. Petition is filed with Clerk of Courts. Referee schedules and conducts modification hearing. Referee submits a recommended order to the court. Court enters modified court order if no objections have been filed. If objections are filed, hearing is scheduled in Circuit Court and court order will be entered after hearing.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes
K4.6. There has been a substantial change in childcare expenses.
Yes
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
Custody or visitation changes, Obligation of subsequent children, Travel costs for visitation, Abatement for visitation, Health insurance coverage.
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
K6. How does your state credit SSA disability to current and past-due support?
In 1991, the South Dakota Supreme Court ruled that if a child(ren) receives SSA benefits as a result of the noncustodial parent's disability, the NCP is entitled to a credit on the child support obligation. The DCS has interpreteted this as a dollar for dollar deduction. If the SSA benefit is larger than the current support obligation, the DCS will not enforce the current support obligation. If the SSA benefit is lower than the current support obligation, the DCS will enforce the difference. If there is a retroactive disability payment and arrears are due and owing, the arrears may be reduced dollar for dollar if the arrears accumulated during the same timeframe as the retroactive disability payment. The Supreme Court ruling was codified in 2005. SDCL 25-7-6.21
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
Yes
K7.1. If yes, explain the circumstances?
The child support order must specifically state an abatement is allowed when visitation occurs and must include the amount of abatement. For orders entered after July 1, 2001, it is presumed the visitation occurs. Subsequent modified orders must address the abatement in the order to be allowed.
K7.2. What is the statutory citation for your abatement law?
25-7-6.14
For Additional Information - exit disclaimer
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.
In most situations, the Federal approved intergovernmental forms. However, in modification proceedings of a SD order, the Petition for Modification must be accompanied by the party wanting to modify his/her child support order.
For Additional Information - exit disclaimer
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
The Child Support Enforcement Transmittal #3 needs to be sent to the Central Registry requesting a copy of the paternity acknowledgement/affidavit. The request must include the names of the parties in addition to the child's name and date of birth. The legal name of the child should be used when making the request.
K8. What information does your state require to register an out-of-state order for enforcement/modification?
South Dakota requires the Child Support Enforcement Transmittal #1 requesting registration for enforcement/modification. The request must include the Registration Statement, certified Affidavit of Arrears, paternity information and certified child support order.
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
Yes.
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
Current support plus arrears.
K10. What circumstances will cause your state to end child support before the normal duration? **
The child emancipates before the normal duration. The child marries. The child is adopted by someone other than the non-custodial parent. The child has been removed from the family and is a civil ward of the state. The child support order states that child support ceases prior to the normal duration. The child enters into military service prior to the normal duration.

L. Payments

L1. Does your state define a lump sum payment?
Yes
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
SDCL 25-7A-1(8)(8) "Income," any form of payment to a person, regardless of source, including wages, salary, commission, bonuses, compensation as an independent contractor, workers' compensation, unemployment compensation, disability, annuity and retirement benefits, gift or inheritance, all gain derived from capital or labor, profit gained through the sale or conversion of capital assets, and any other payments, including personal property, money and credits on deposit with or in the possession of, or made by any person, private entity, federal or state government, any unit of local government, school district or any entity created by public act. However, for the purposes of income withholding, income excludes: (a) Any amount required by law or as a condition of employment to be withheld, other than creditor claims, including federal, state, and local taxes, social security and other retirement contributions; (b) Any amount exempted by federal law; and (c) Public assistance payments; and SDCL 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, 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.
L1.2 Provide the statutory citation.
See above statutes -- SDCL 25-7A-1(8) and SDCL 25-7A-32.
For Additional Information - exit disclaimer
L2. Does your state law require employers to report lump sum payments?
No
L2.1 If yes, give the statutory citation or rule.

For Additional Information - No Link Provided
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
No
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
L4. How are employers instructed to report a pending lump sum?
N/A
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
N/A
L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes
L7. Does your state use the lien/levy process to attach lump sum payments?
No
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
L8. What other documents does your state use to attach lump sum payments?
N/A
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
No. The total amount of arrerage may be withheld from personal property, money, and credits, or other income not exempt in statute.
L9.1. If yes, what are those limits?
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
SDCL 25-7A-32 The amount actually withheld for support and arrearages may not be in excess of 50% of wages, salaries, commissions, bonuses, compensation as an independent contractor, workers compensation, unemployment compensation or disability benefits.
For Additional Information - exit disclaimer
L9.3. If yes, what are those limits?
SDCL 25-7A-32 The amount actually withheld for support and arrearages may not be in excess of 50% of wages, salaries, commissions, bonuses, compensation as an independent contractor, workers compensation, unemployment compensation or disability benefits.
L9.4. If no, what percentage is the employer required to withhold?
N/A
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes
L10.1 If yes, would the employer only withhold for that period's obligation?
No. If the employee is eligible for a lump sum, the employer should contact DCS to find out whether or not they need to withhold from the lump sum. If the employer does, DCS will issue a lump sum withholding.
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
E-Payment Solutions.
L12. Does your state have a debit card program?
Yes.
L12.1 If so, specify the vendor.
US Bank
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
No. Other government programs have their own cards.
L13.1 If so, are there fees involved?
L14. What are the fees associated with using the card?
The Division of Child Support covers all program fees.
L15. How does your state collect child support payments from an obligor? **
Payments must be made to the State Disbursement Unit. Payments can be made by check or warrant, cash, preauthorized withdrawal from a financial institution account or electronic funds transfer, credit card or income withholding.
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Payments may be by check.
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are processed through a designated authority. All payments are processed on receipt.
L18. Does your state process electronic payments in international cases? **
No
L18.1 If so, describe the process. **
L19. What is your state's International Bank Account Number (IBAN)? **
1701269763. To be used for wire transfers only.

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - exit disclaimer
M1.1. Additional information on the CCPA.

For Additional Information - exit disclaimer
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
No
M2.1. If yes, provide the statutory citation
However, SD participates in Federal OCSE Insurance Match Programs.
For Additional Information - No Link Provided
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
N/A
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
Yes. The obligor must owe an excess of $1000 and be at least 3 months delinquent.
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
N/A.
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
No.
For Additional Information - No Link Provided
M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
Yes.
M3.1. Provide the statutory citation.
SDCL 25-7A-40 and SDCL 25-7A-46
For Additional Information - exit disclaimer
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
IWO
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
Division of Child Support mails a copy of the IWO to the non-custodial parent.
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
SDCL 25-7A-30
For Additional Information - exit disclaimer
M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
The non-custodial parent has 10 days after receiving the notice to file an appeal (SDCL 25-7A-26).
For Additional Information - exit disclaimer
M6. Are there attorney fees associated with the insurance intercept activity?
M7. How does another state initiate and intercept collections from your state workers' compensation agency?
SD does not match with the state workers compensation agency.
M7.1. What is the process, the points of contact, and what forms?

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
Yes
N2. Does your state send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
Yes
N3. Does your state send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? MSC P GSC17)
Yes
N4. Does your state send a CSENet case closure transaction to notify the initiating state that per its request the case is closed and your state has stopped its income withholding order? (MSC P GSC18)
Yes