Replace Text In Legal South Dakota Child Support Forms For Free

In South Dakota, the Circuit Court is the only entity with authority to modify a child support obligation. This is usually done in response to a petition filed by one of the parents. Either parent or a representative may file a petition to modify their child support order.

South Dakota child custody laws don't prescribe a certain age when a child's preference may be considered. Judges have broad discretion when deciding how much weight to give the child's preference. In some South Dakota custody cases, judges have considered the well-reasoned preferences of children as young as 10.

Either or both of the parties must apply to the court for such a change. The court will review the parties' financial documentation, as well as any other relevant facts. It will then apply the applicable law and will determine whether, and how much, a support order should change.

The statute of limitations on enforcement of past due child support in South Dakota is 20 years from the date the support is due.

If a judge decides that the noncustodial parent violated the existing child support order, that parent can be found in "contempt of court." South Dakota laws make a parent's intentional refusal to financially support his or her child a misdemeanor, and a felony if the parent leaves the state.

A support order may be modified without showing any change in circumstances if the order was entered and in effect prior to July 1, 2022. An order entered and in effect after July 1, 2022 may be modified only: If it was entered three years or more from the date the petition is filed; or.