South Dakota Child Support Order State Guide

Changing a Child Support Order in Your State
Prepared October 2013
South Dakota
Ofce of Child Support Enforcement
Administration for Children & Families
U.S. Department of Health and Human Services
5. Do you have any printed materials I could read to learn more about child support for
parents who are incarcerated?
The South Dakota Modication handbook references incarceration on page 8. It is available here http://dss.sd.gov/
formspubs/docs/CS/DCSModicationHdbk.pdf , and is attached.
6. When can I ask to have my order changed?
If the child support order was established or last modied before July 1, 2009; or more than three years have
passed since establishment or modication of the order, you do not have to demonstrate any “change of
circumstances” within the petition to modify. If the order was established after July 1, 2009, and is less than three
years old, you must demonstrate a substantial change in circumstances before modication is appropriate.
7. How do I request the change?
In South Dakota, the Circuit Court is the only entity with the authority to modify a child support obligation. Either
parent may le a petition to modify a child support order. An overview of the modication process can be found at
http://dss.sd.gov/childsupport/services/modifysupportorder.asp .
For further information on the modication process, please call the DCS Modication Unit at 605-773-4724.
In lieu of the submitting a petition for modication, parties with child support cases being enforced by the DCS may
submit a request for review to the DCS. In response, DCS will request nancial information from both parties. Upon
receipt of nancial information, a child support specialist will conduct a review to determine whether or not the order
should be modied. If the review determines the order should be modied, the child support ofce will complete the
Stipulation for Modication. If either parent fails to provide nancial information or sign the stipulation, one of the
parents must complete the petition for modication to request the change.
8. What is the process after I’ve asked to have my order changed, and how long does it
take?
The steps for the modication process if ling the petition is necessary are outlined below:
Petition, nancial statement, a copy of the court order, and other attachments are led with the Department of
Social Services (DSS).
DSS forwards the documents to the clerk of courts in the county where the court order is led. All documents
become permanent part of the court le.
The Circuit Court judge appoints a referee to conduct a hearing on the petition for modication. NOTE: The $50
ling fee must be made payable to the Clerk of Courts (check or money order only – DO NOT send cash) before
the Court will appoint a referee to conduct a modication hearing, unless the Petitioner is exempt from, or the
court has waived, the ling fee.
The referee sends notice to the parties with a scheduled hearing date, and a request for the non-petitioning party
to submit nancial statement and other information. If the Petitioner does not appear at the hearing, the referee
may dismiss the request for modication.
The referee conducts a hearing, using the child support guidelines, to determine whether the child support order
should be changed. The parties may provide testimony or evidence to the referee for consideration of deviations
or other allowable factors.
Based upon the ndings of the referee, the referee enters a report recommending the amount of the monthly
support obligation. This report is led with the Circuit Court, and a copy is served on the custodial parent, non-
custodial parent, and the assignee, if applicable, within 60 days from date of hearing.
Any of the parties may le written objections to the referee’s report with the Circuit Court within ten (10) days from
the date of service (mailing) of the report. A transcript of the referee’s hearing is generally required. If a transcript
is desired, it must be ordered from the referee within ten (10) days of the day the referee mails the report.
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