Home Page   Services   About Us   Testimonials   Contact Us  Free Services   State Law   Support Info   Helpful Links   FAQ   The Law Office of Ronn Bisbee Child Support Laws By State South Dakota State Profile A. General/State-At-A-Glance B. UIFSA C. Reciprocity D. Age of Majority E. Statute of Limitations F. Support Details G. Income Withholding H. Paternity I. Support Order Establishment J. Support Enforcement K. Modification and Review/Adjustment L. Lump Sum Payments M. Insurance Match A. General/State-At-A-Glance A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? State Administered/State Operated. A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? 8 Local Offices. A3. With what types of agencies do you have cooperative agreements? Unified Judicial System, IV-D Prosecutors and Sisseton-Wahpeton Sioux Tribe A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? No A4.1. If yes, what is the statutory citation? N/A For Additional Information - No Link Provided A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? No A4.3. If yes, please explain.   B. UIFSA B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? 07/01/1994                 B2. What is the effective date of your State's UIFSA? 07/01/1994 B3. What is the statutory citation for your State's Act? SDCL 25-9B. For Additional Information - http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=25-9B B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)? 1996 B4.1. If your state has implemented the 2001 version, when was it implemented?   B5. Optional comments regarding your State's UIFSA.   C. Reciprocity C1. With what foreign countries does your State reciprocate? Poland, Newfoundland, Labrador, Federal Republic of Germany, Ontario, New Brunswick, Territory of Nunavut, Yukon, Manitoba, Australia, Northwest Territories, Nova Scotia, France, Hungary, Saskatchewan, Norway, Sweden, United Kingdom, Mexico, England, Czech Republic, Slovac Republic, Israel and Ireland. 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 Tribal courts? No 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. 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. D2. What is the statutory citation for the age of majority? SDCL 25-5-18.1. For Additional Information - http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=25-5-18.1 D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. 18 years of age. D4. Does the date of the order impact what law is applied? No D4.1. If yes, please explain. D5. Does child support end if the child leaves the household but does not emancipate? No D5.1. Optional comments regarding emancipation. The child must reside with the obligee in order for the IVD agency to enforce. D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. 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 other wise 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. 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. For Additional Information - No Link Provided E2. What is your State's statute of limitations for paternity establishment? Proceedings may start anytime before 18th birthday. For Additional Information - No Link Provided E3. Is dormancy revival/renewal possible? No E3.1. Please explain the circumstances when possible, and the length of time possible. For Additional Information - No Link Provided F. Support Details F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)? Income Shares. For Additional Information - No Link Provided F2. Does your State charge interest on missed arrears? 1% per month, however, South Dakota does not collect interest. F2.1. If yes, please indicate the amount of interest charged and any related conditions. Discretionary with the courts on whether to grant interest or not. 1% per month if awarded. For Additional Information - No Link Provided F3. Does your State charge interest on retroactive support? Yes F3.1. If yes, please indicate the amount of interest charged and any related conditions. 1% per month. However, South Dakota DCS does not compute or collect interest. F4. Does your State charge interest on adjudicated arrears? Yes   F4.1. If yes, please indicate the amount of interest charged and any related conditions. 1% per month. However, South Dakota DCS does not compute or collect interest. For Additional Information - No Link Provided F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? Yes F5.1. If yes, under what circumstances? If unpaid medical expenses reduced to judgment, OWI can be issued for collection of the same. 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/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. What costs are recovered from/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 recovering of initiating State's fees. Genetic testing costs. F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. Paternity - SDCL 15-7-2(8). Establishment - SDCL 15-7-2(7). For Additional Information - http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=15-7-2 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, See AT 05-03)? 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 individuals who have 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 individual (but not the first $500 collected)? No F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? Yes. SD assesses a $5.00 application fee. The fee is waived if the applicant is receiving Economic Assistance. 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 will your State implement the required 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 F13.1. If yes, provide the date.   F14. Will 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. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? PRWORA F17. What are your States 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. F17.1. What are your States 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). 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. 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. G. Income Withholding G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? Income Withholding, Wage Withholding, OWI. G2. 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. For Additional Information - http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=25-7A-32&Type=Statute G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? Yes G3.1. 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 G4. What is the allowable fee per pay period 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. For Additional Information - http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=25-7A-34&Type=Statute G5. 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. G6. 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 his property withheld. G7. 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. G8. 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. For Additional Information - No Link Provided G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? No G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. The South Dakota Department of Labor will not accept direct withholding from any state. For Additional Information - No Link Provided G9.2. Optional comments regarding direct withholding of UI benefits across state lines. 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. G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? No G10.1. Optional comments regarding direct withholding of WC benefits across State lines. G11. How does an obligor contest income withholding in your State? By filing a written request for administrative review. G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate 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. G12.1. 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 G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. SDCL 25-7A-32 For Additional Information - http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=25-7A-32&Type=Statute G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? Disposable income is calculated by Gross Income minus mandatory taxes only. G14. 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. For Additional Information - No Link Provided G15. How long should an employer retain the income-withholding order (IWO) after termination of 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. G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? No G17. 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 our website. For Additional Information - No Link Provided G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what 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 G19. 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. For Additional Information - No Link Provided H. Paternity H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? No H1.1. If yes, please explain. H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? 99% or higher. For Additional Information - http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=25-8-58 H3. Optional comments regarding paternity acknowledgment conclusive legislation. 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. For Additional Information - No Link Provided 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. For Additional Information - No Link Provided 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. For Additional Information - No Link Provided H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? 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. For Additional Information - http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=25-8-60 H7. Does your State have any other paternity-related presumptions? No H7.1. If yes, briefly explain. For Additional Information - No Link Provided H8. Does your State have a putative fathers' registry? No H8.1. If yes, what is the name of that entity? H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? Yes H9.1. If yes, please describe any circumstances under which these fees may be waived. None. For Additional Information - No Link Provided H10. Is common law marriage recognized in your State? No H10.1. If yes, briefly describe the standard that defines common law marriage. For Additional Information - No Link Provided H10.2. When did your current common law standard go into effect? H10.3. 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? H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) Depending upon circumstances and judge. Videotape and teleconferencing may be used. H12. Please 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. For Additional Information - http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=15-7-2 H13. Does your State recover genetic testing costs for other States? Yes    H13.1. If so, please explain. The DCS will obtain a judgment on behalf of the initiating state for the genetic testing costs. H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement 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. H15. 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 on the birth certificate does not signify that paternity is conclusively determined. However, SDCL 25-8-52 was enacted July 1, 1994 that creates a rebuttable presumption of paternity if a paternity affidavit is executed by the parents. Action to contest the rebuttable presumption must be commenced in circuit court within 60 days, or within 3 years if the contest is based upon allegations of fraud, duress, or material mistake of fact. 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, a 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 NCP and he does not contest the action. Application for an order for support is then filed with circuit court. Judicial proceedings are used when the Notice of Support Debt is contested or when referral has to be made to the IV-D prosecutor. I1.2. Under what circumstances would the judicial process be used? See I1.1 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. For Additional Information - http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=25-7A&Type=Statute I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) Custodial Parent. For Additional Information - No Link Provided 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. For Additional Information - http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=25-7A-8 I4. Will your State establish support orders for prior periods? Yes I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? Limited to 3 years from date of application. I4.2. What information or documentation does your State require to proceed? Child Support Enforcement Transmittal #1, Uniform Support Petition, General Testimony, and Paternity Acknowledgment or Genetic test results. If paternity is an issue, an Affidavit in Support of Establishing Paternity needs to be included. For Additional Information - No Link Provided 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, please specify. Prior period support is limited to 3 years retroactive to date of application. I5. What actions can your State perform using the administrative process? 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. For Additional Information - http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=25-7A&Type=Statute I6. What is your State's statutory authority for the administrative process? SDCL Chapter 25-7A For Additional Information - http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=25-7A&Type=Statute I7. Is there a local State law that allows an interstate administrative subpoena? Yes, SDCL 25-7A-56.3 For Additional Information - No Link Provided I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? No For Additional Information - No Link Provided I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? Yes. I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as 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 be ordered, should the other State request an establishment or a modification action? Modification of the order that reserved the support. 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. For Additional Information - No Link Provided 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 DCS can issue OWI to financial institutions to seize funds within account. J4.1. When must a 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? When case becomes delinquent. J4.2. Does your State's income withholding definition includes amounts in financial institutions? Yes For Additional Information - No Link Provided J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? Yes J4.3.1 If yes, who notifies the NCP, the State or financial institution? The agency initiating the action. 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 must have a minimum arrearage of $1,000 and 3 months with no payment. The account balance must be in excess of $1,000. However if the DCS determines there are extenuating circumstances, the DCS may seize a lower amount. J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? $1,000. For Additional Information - No Link Provided J5.3. Is there a specified amount of time for the obligor to be delinquent 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, please provide the percentage. J5.4.2. Is the percentage different for joint accounts? No J5.4.3. If yes, please define. $5,000.00 J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount. $5,000.00 J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? State. J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/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 and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State 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 holders challenge/contest 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 are 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. J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? No J5.16.1. If yes, what is the amount? J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? Yes J5.17.1 If yes, please provide the State statutory citation 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 - http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=25-7-6.3 J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? No. For Additional Information - No Link Provided J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? Within 7 days of the date of withholding order. For Additional Information - No Link Provided 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. Please describe any other administrative enforcement procedures your State may have. Lien against estate and settlements, Lottery offset. J8. Please describe any other judicial enforcement procedures your State may have. Order to show cause 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 - http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=25-7-6.20 J10. Which of our State's enforcement remedies are available without registration? Wage withholding, Lottery Offset, Driver and professional license restriction, UI and Workers Compensation Withholding. J11. Describe your State's registration and enforcement procedures. 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 Hearing. J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. After the registration, the NCP is served with an Order to Show Cause to appear in Circuit Court. J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? Yes J13.1. If yes, please provide the statutory citation. 15-16A-1 to 15-16A-10. For Additional Information - http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=15-16A&Type=Statute J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? Yes J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). If the financial institution will not accept the direct action, then SD DCS requires Transmittal #1, certified copy of arrears, certified copy of the order and a copy of the financial institution match record. J15. Does your State use credit bureau reporting as an enforcement method? J15. Does your State use credit bureau reporting as an enforcement method? Yes J16. Provide which credit bureaus your State report an obligor's child support information? J16. Provide which credit bureaus your State report an obligor's child support information? Experian, TransUnion, Equifax, Innovis J17. Is the method for credit bureau reporting judicial, administrative or both? Administrative. J17. Is the method for credit bureau reporting judicial, administrative or both? J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? Initiating state only. J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? $1000.00 in delinquency K. Modification and Review/Adjustment K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? Every 3 years. For Additional Information - No Link Provided K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? On request of CP, NCP or Initiating Jurisdiction. K3. Briefly describe your State's modification procedure. 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. What are your criteria for modification (e.g., $50 or 20% from present order)? Support obligation increases or decreases by 20% or more and proposed increase/decrease is more than $25. K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? K5.1. The earnings of the obligor have substantially increased or decreased. Yes K5.2. The earnings of the obligee have substantially increased or decreased. Yes K5.3. The needs of a party or the child(ren) have substantially increased or decreased. Yes K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed. No K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. Yes K5.6. There has been a substantial change in child care expenses. Yes K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? Tax deduction of children, Custody or visitation changes, Obligation of subsequent children, Travel costs for visitation, Abatement for visitation, Health insurance coverage K6. Does your State have cost of living adjustments (COLAs)? No   K6.1. If so, what index does your State use? K7. 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 interpreted 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. K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc. Yes K8.1. If yes, please explain the situation? The child support order must specifically state an abatement is allowed when visitation occurs. The order must include the amount of abatement. K8.2. What is the statutory citation for your abatement law? 25-7-6.14 For Additional Information - http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=25-7-6.14&Type=Statute K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. The child support order must specifically state an abatement is allowed when visitation occurs. The order must include the amount of the abatement. K8.4. Please provide information 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. K9. What information is required to register an out-of-State order for enforcement/modification? Interstate UIFSA Packet, Pay Record, Certified Court Orders 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 and certified child support order. L. Lump Sum Payments L1. Does your State define a lump sum payment? Yes L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? 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 - http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=25-7A&Type=Statute L2. Does your State law require employers to report lump sum payments? No L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. For Additional Information - No Link Provided L3. Are employers required to report lump sums 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. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. N/A L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? The employer is required to submit the lump sum withholding within 7 days of the payment. L7. Does your State use the income withholding order to attach the lump sum payment? Yes L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? It is sent to specifically cover the lump sum. L8. Does your State use the lien/levy process to attach the lump sum payment? No L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? L9. What other documents does your State use to attach lump sum payments? N/A L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? Yes L10.1 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. For Additional Information - http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=25-7A-32 L10.2 If no, what percentage is the employer required to withhold? L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? Yes L11.1 If yes, would the employer only withhold for that period's obligation? Yes M. Insurance Match M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. For Additional Information - http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf M1.1. Additional information on the CCPA. For Additional Information - http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? No M2.1. If yes, provide the statutory citation However, SD participates in the Child Support Lien Network (CSLN) and Federal OCSE Insurance Match Programs. For Additional Information - No Link Provided M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency. N/A For Additional Information - No Link Provided M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant. There is no timeframe. However, SD prefers the match done prior to payment of funds to the obligor. M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)? The obligor must owe a mimimum of $1000 in arrears and be 3 months delinquent. M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold. Yes. The obligor must owi an excess of $1000 and be at least 3 months delinquent. M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant). N/A M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied). N/A M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. 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? N/A M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? No For Additional Information - No Link Provided M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs? Yes M3.1. Please provide the statutory citation. SDCL 25-7A-40 and SDCL 25-7A-46 For Additional Information - http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=25-7A&Type=Statute M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy). If the noncustodial parent is receiving payments on at least a monthly basis, SD will issue an order for withholding of income. Same limits apply as a wage withholding order to an employer. If the noncustodial parent will be receiving a lump sum settlement, SD will issue a lump sum wage withholding order. Maximum amount which can be withheld under a lump sum wage withholding order is 50% of the workers compensation or disability benefits (SDCL 25-7A-32). M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? DCS will provide the obligor with a copy of the Order to Withhold. M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. SDCL 25-7A-30 For Additional Information - http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=25-7A-30 M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide 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 - http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=25-7A-26 M6. Are there attorney fees associated with the insurance intercept activity? No 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 must be completed? N/A. Dedicated To Enforcing Your Support Order.
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