1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)? |
Income Shares Model.
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2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation. |
Yes. 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 to grant the interest judgment. If the interest is reduced to judgment and a copy of the judgment is provided, DCS will collect the judgment along with the child support. Interest is computed at 1% per month.
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3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
No. The South Dakota Division of Child Support does not compute interest.
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4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
No. 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 to grant the interest judgment. If the interest is reduced to judgment and a copy of the judgment is provided, DCS will collect the judgment along with the child support. Interest is computed at 1% per month
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5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
Yes. 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.
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6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments? |
The order will follow the child when TANF or Foster Care is being expended. If the child is receiving only medical benefits with a caretaker, a custody or guardianship order is required to redirect child support to the caretaker. SDCL 28-7A-7, 25-7A-2 and 25-7A-3.
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6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain. |
Yes. The order will follow the child for TANF cases. Non-TANF cases, including Medicaid-only, require the caretaker to have obtain an order for custody or guardianship.
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7. 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.
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8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit? |
Yes. The noncustodial parent receives a dollar for dollar credit.
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9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
Yes, if the abatement is specifically ordered in the child support order.
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1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation. |
Yes. 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."
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2. 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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3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
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. The party will be required to commence circuit court action.
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4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
Yes. The noncustodial parent must commence an action in circuit court within statutory time frames.
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5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
No. The father must either sign a paternity affidavit, or there must be a judgment of paternity entered by the court.
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6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
No.
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7. What, if any, is the agency name and link for your state's putative fathers' registry? |
South Dakota does not have a punitive fathers registry.
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8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies? |
A copy of the acknowledgment of paternity, a copy of the genetic test results or a copy of the paternity judgment. There are not any charges.
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9. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data? |
Yes. Once a Voluntary Acknowledgment of Paternity is filed with South Dakota Office of Vital Records, the document is placed in a sealed file. Vital Records will not provide a copy of the Voluntary Acknowledgement of Paternity unless a court order authorizing the release is obtained.
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9.1. 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 14-21 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 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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10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect. |
No.
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11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard. |
N/A
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12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child? |
Only one intergovernmental packet is required by South Dakota.
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1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
Administrative and Judicial.
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1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures. |
Administrative process is used when the Notice of Support Debt (NSD) is served on the parents and the action is not contested. SDCL 25-7A-5 to SDCL 25-7A-7.
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1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures. |
Judicial proceedings are used when a request for a hearing on the NSD 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. SDCL 25-7A-5 to SDCL 25-7A-7.
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2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)? |
The combined monthly net incomes of both biological/adoptive parents are used in determining a child support obligation.
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2.1. What documentation is required as proof/evidence of this information? |
Financial statement, check stubs, tax records, verification through the South Dakota Department Department of Labor and Regulation, or FCR.
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3. What criteria for rebutting your presumptive guidelines have been established in your state? |
The noncustodial parent has 10 days from the date of service of the NSD to request a hearing.
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4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive). |
Yes. Prior period support is limited to 3 years retroactive from the date of application for services.
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4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
The custodial parent can request prior period support on the application. Other states can request prior period support on the Uniform Support Petition, and/or the General Testimony. If TANF has been expended by the requesting state, the TANF and non-TANF months need to be listed on the General Testimony.
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4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
Yes.
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4.3. 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 from the date of application for services.
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5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended? |
No.
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5.1. What about when public assistance is not being expended? |
Yes.
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6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or 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.
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7. 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 custodial parent obtain legal custody before child support is addressed? Please describe. |
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.
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1. What are specific sources of income 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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2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
Yes.
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2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA? |
Total amount of arrearage may be withheld from personal property, money and credits, or other income not listed. 50% of the wages, salaries, commissions, bonuses, compensation as an independent contractor, workers compensation, unemployment compensation or disability benefits.
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2.2. What are the withholding limits for non-employees? |
50% of the wages, salaries, commissions, bonuses, compensation as an independent contractor, workers compensation, unemployment compensation or disability benefits.
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3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii). |
The employer may deduct an amount up to $3.00 per month from the obligors income to cover expenses involved in transmitting the amount withheld.
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4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain. |
No.
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5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
After the date of receipt of the income withholding order.
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5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
First payment of income which is payable to the obligor following receipt of the order to withhold income.
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6. When must an employer remit amounts withheld from an employee's pay? |
Within 7 business days after the obligor is paid or property withheld.
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7. What are your state's sanctions for employers for not implementing income withholding? |
Request for employer compliance. If unsuccessful with voluntary compliance, referral to the attorney for legal action.
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7.1. What are the penalties to an employer for failure to remit payments withheld? |
Petty offense. The employer may also be responsible for amounts which were not withheld as required by law.
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8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents. |
No. The South Dakota Department of Labor and Regulation will not accept direct withholding from any state.
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8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents. |
South Dakota has an automatic intercept process for UI benefits. A full UIFSA packet requesting interception of benefits will need to be submitted to SD Central Registry.
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9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents. |
Yes. Direct withholding orders may be issued to employers, financial institutions, and workers compensation carriers.
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9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents. |
N/A
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10. How does a noncustodial parent contest an income withholding in your state? |
An administrative review can be requested within ten days after receiving the income withholding order if there is a dispute concerning the existence or amount of the order for support or delinquency or arrearage; or for mistaken identity.
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11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
The payments are prorated among the cases.
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12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums? |
The total amount withheld for child support cannot exceed 50% of an employees income after deducting state, federal and local taxes, Social Security tax, statutory pension contributions; Medicare taxes; and other deductions which are required to be withheld, either by law or as a condition of employment.
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13. When does your state require the employer to send notice of an employee's termination? |
The employer must promptly notify the Division of Child Support when the employee is no longer working for them.
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14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate. |
South Dakota law gives priority to current support and arrearages. The amount withheld for current support, spousal support, arrearages, and health insurance premiums cannot exceed the 50% withholding limitation.
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1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
FIDM.
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2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
CSE Transmittal #1, Affidavit of Arrears, copies of all Court Orders. For FIDM, a copy of the match information is required.
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3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
Any obligor who is delinquent in the payment of support and owes in excess of $1000 is child support arrears is required to be submitted to the credit bureaus.
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4. To which credit bureaus does your state report a noncustodial parent's child support information? |
Experian, TransUnion, and Equifax.
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5. Is the method for credit bureau reporting judicial, administrative, or both? |
Administrative.
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6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?" |
No. Once all arrears are paid, a zero balance will be reported to the credit bureaus. The account will be listed as a current account for 7 years.
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7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
No.
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8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
Yes. $150 for TANF or Foster Care cases. $500 for non-Assistance cases.
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9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
No.
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10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
Yes. No minimum amount.
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11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount? |
Yes. $1000 is the minimum required past-due amount.
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12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount? |
Yes. $1000 is the minimum required past-due amount.
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13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial? |
No.
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14. Are the financial institution attachment 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 institution to seize funds within the account.
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15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
Discretion is used when the account is a checking account and/or joint account and the noncustodial parent is the secondary account holder.
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16. Is the financial institution attachment process in your state centralized and/or automated? |
Neither. The Child Support Specialist reviews the FIDM returns on a case by case basis.
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17. What are the criteria to attach an account in a financial institution in your state? |
An account balance of at least $4000 and the noncustodial parents total arrears exceed 3 months of the monthly support obligation. If the noncustodial parent is paying, deceased, receives SSI, SSDI or TANF the case is not eligible for a lump sum withholding.
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18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
SD allows for a lump sum income withholding order to be issued to the financial institution. If the FI will not honor the direct action, the other state will need to send an AEI request to SD.
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19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
The requesting agency must send a CSE Transmittal #1, Affidavit of Arrears, copies of all Court Orders, and a copy of the match information.
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20. Does your state's income withholding definition include amounts in financial institutions? |
Yes.
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21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
The Division of Child Support will send a copy of the Income Withholding Order to the noncustodial parent.
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22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
Within 7 days of the date of the Withholding Order.
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23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames. |
Division of Child Support policy is to hold the funds for 20 days after the payment is received.
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24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain. |
The full amount is eligible for attachment. The process is the same for joint accounts.
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25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment? |
Wrong person or arrears balance discrepancy.
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26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
Yes. Stocks and Bonds are considered income under state withholding laws.
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27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
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 $1,000, a restriction is placed on the noncustodial parents drivers, professional, hunting and/or fishing license(s). The license(s) is still valid. However, the noncustodial parent will not be able to renew the license(s) until an agreement is signed with the Division of Child Support or the balance is paid in full. The agreement requires the noncustodial parent to pay current monthly child support obligation, if applicable, plus a specified additional amount towards the arrears each month. If the noncustodial parent fails to pay for a minimum of 60 days any time after signing the agreement, DCS may proceed with the revocation of the drivers license.
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28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
To remove a restriction, the noncustodial parent is required to pay the balance in full or sign an agreement that the current monthly support will be paid in addition to a specified amount towards the arrears. To remove a revocation, the noncustodial parent typically has to pay a minimum of 3 months support in a lump sum or make 3 months of consecutive payments. Depending on the case situation, a license may be reinstated without the 3 month payment required.
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29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
Yes, for a restricted license. The Department of Public Safety will allow a 6-month temporary license. There is not an option for a revoked license.
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30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
If no payment is received on a case for at least 3 months and the delinquency balance exceeds $1000, a restriction is placed on the noncustodial parents professional license(s).
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31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
To remove a restriction, the noncustodial parent is required to pay the balance in full or sign an agreement that the current monthly support will be paid plus a specified amount towards the arrears.
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32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
No.
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33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
If no payment is received on a case for at least 3 months and the delinquency balance exceeds $1,000, a restriction is placed on the noncustodial parents hunting and/or fishing license(s).
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34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
To remove a restriction, the noncustodial parent is required to pay the balance in full or sign an agreement that the current monthly support will be paid in addition to a specified amount towards the arrears. Hardship exemption is not granted for hunting and fishing licenses.
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35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
No.
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36. What are the criteria for initiating/filing a lien in your state? |
SD does not have a centralized lien registry for property. Each county Register of Deeds has their own database. If property is owned in the county which the judgment is entered, there is an automatic lien placement due to the recording of the judgment.
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37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
Administrative Process.
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38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe. |
Yes. Judicial Process.
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39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination. |
South Dakota does not have state income tax.
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40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
Yes. Lottery.
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40.1. If yes, is this enforcement judicial, administrative, or both? |
Administrative.
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41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
N/A
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42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
N/A
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1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
Every 3 years or upon request from either party.
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2. What is your state's modification procedure? Briefly describe. |
Petition for Modification is requested and completed by petitioning party. Petitioning party sends completed Petition with appropriate attachments to the Modification Unit of Division of Child Support. Petition is reviewed for completeness, logged into a database, and is filed with Clerk of Courts. The Court appoints a Referee who schedules and conducts the modification hearing. Referee submits a report and 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.
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3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
An increase or decrease of 20% or more and the proposed increase/decrease is $25 or more.
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4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
All criteria listed below.
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4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
Yes.
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4.2. The earnings of the custodial parent have substantially increased or decreased. |
Yes.
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4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes.
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4.4. The cost of living has changed. |
Yes.
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4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
Yes.
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4.6. There has been a substantial change in childcare expenses. |
Yes.
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4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
Changes to custody or parenting time, obligation of subsequent children, travel costs for parenting time, abatement for parenting time , health insurance coverage.
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5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
No.
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6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
A notice is sent out to the parties advising of their right to request a review of the order or a Petition for Modification.
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