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
If no objections are led within ten (10) days, the Circuit Court may enter its order. If the Circuit Court modies the
referee’s recommended order without a court hearing, either party may le a written objection to that modication
with the Circuit Court within ten days of service of the order.
If objections are led within ten (10) days by one of the parties, the other party shall have an additional ve (5)
days from the date of service of the objections to le additional objections with the court. The Circuit Court then
schedules a hearing to consider the objections to the referee’s report. After the hearing, the Circuit Court enters an
order to adopt the referee’s report, modify it, or reject and remand it for further hearing by the referee.
After entry of the Circuit Court order, the Department of Social Services serves both parties with a copy of the
order by certied mail, and les proof of service with the court.
Either party can appeal the Circuit Court order to the South Dakota Supreme Court within thirty (30) days of entry
of the circuit court order.
9. Is this process different if the other parent agrees to the change in advance?
Yes. If one of the parties requests the DCS conduct a review and modication of the order is recommended and
the other parent agrees to the modication and signs the stipulation, the need for ling a petition for modication
(described above) is eliminated. DCS would le the modication with the clerk of courts and request the clerk to
obtain the circuit court judge’s signature. DCS will not stipulate to an amount that is below the guidelines.
10. Does it cost anything to try to have my order changed?
There is not an initial cost to request a review and possible modication of the order. If either party refuses to sign
the stipulation and agreement, a Petition for Modication must be utilized. A $50 ling fee is required to be paid to
the Clerk of Courts to le a Petition for Modication. The petitioning parent is not subject to the $50 ling fee if he/
she is a recipient of assistance benets. The parent may also le a motion requesting the court to waive the $50
ling fee.
11. If I am incarcerated, do I need to do anything else to have my order changed?
No. Individuals, whether incarcerated or not, have the right to request to appear at the modication hearing via
phone. The Notice of Hearing advises the parties of this option.
12. If I am incarcerated, does my state have any programs to help me with child support?
DCS is partnering with Lutheran Social Services (LSS) of South Dakota to improve inmate abilities to successfully
meet their social and nancial responsibilities upon reintegration. LSS was awarded a Responsible Fatherhood
Grant from the U.S. Department of Health and Human Services, Ofce of Family Assistance through September
2014. The objective of this project is to improve the success of inmates in meeting their responsibilities upon
release from prison.
In addition to the LSS project, a Child Support staff person located in Yankton, SD makes presentations for
incarcerated individuals at the Human Services Center/Yankton SD and educates them about the modication
process.
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