South Dakota Uniform Support Petition and Instructions
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How to fill out Uniform Support Petition And Instructions?
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FAQ
The statute of limitations on enforcement of past due child support in South Dakota is 20 years from the date the support is due.
In most cases, child support payments will be received within two to three business days after the Division of Child Support applies the payment. or you may complete and submit the form online through the South Dakota Citizen Portal.
In South Dakota, all misdemeanors carry a lengthy seven-year statute of limitations. Most felonies also have a seven-year statute of limitations. Class A, B, and C felonies do not have any statute of limitations.
If there are child support arrears owed, there may be other enforcement actions taken such as restriction of driver, professional, hunting and/or fishing license(s); credit bureau reporting; IRS tax offset; referral to court for nonpayment; and passport denial.
When does the child support obligation stop? South Dakota law requires child support to be paid until age 18, or until the age of 19 or graduation if the child is a full-time student in a secondary school (high school), whichever occurs first. Example: Child turns 18 on January 15, 2022.
If a noncustodial parent owes past due child support, DCS may withhold or intercept periodic or lump sum payments the noncustodial parent receives from state or local agencies, including unemployment insurance, workers' compensation and lottery winnings.
An order made after July 1, 2022 may only be modified if: It was entered three years or more before submitting a petition for modification; or. A substantial change in circumstances has occurred since the order was entered.
South Dakota Child support workers do have some discretion to negotiate a lump sum settlement of 75% of state-owed arrears. If the parents agree to a lump sum settlement for arrears owed to the family, DCS has a forgiveness of arrears form, which the parties can sign. The form is submitted to the court for approval.