Ofce 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 modies the
referee’s recommended order without a court hearing, either party may le a written objection to that modication
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 certied 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 modication of the order is recommended and
the other parent agrees to the modication and signs the stipulation, the need for ling a petition for modication
(described above) is eliminated. DCS would le the modication 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 modication of the order. If either party refuses to sign
the stipulation and agreement, a Petition for Modication must be utilized. A $50 ling fee is required to be paid to
the Clerk of Courts to le a Petition for Modication. The petitioning parent is not subject to the $50 ling fee if he/
she is a recipient of assistance benets. The parent may also le a motion requesting the court to waive the $50
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 modication 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, Ofce 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 modication