South Dakota

25-7-1. Duty to support spouse.

25-7-2. Liability for necessaries supplied to spouse.

25-7-3. Abandonment or separation of spouses--Liability for support.

25-7-4. Failure to support spouse as felony.

25-7-5. Duty to support spouse.

25-7-6. 25-7-6. Repealed by SL 1991, ch 212

25-7-6.1. Obligation of parents to support child--Liability of absent parent--"Continued absence from the home".

25-7-6.2. Support obligation schedule.

25-7-6.3. Determination of parents' monthly net income--Sources of income.

25-7-6.4. Rebuttable presumption of employment at minimum wage.

25-7-6.5. Assets considered when income insufficient.

25-7-6.6. Profits or losses shown on federal income tax schedules as gross income--Court allowance of deduction.

25-7-6.7. Allowable deductions from monthly gross income.

25-7-6.8. 25-7-6.8. Repealed by SL 2018, ch 160, § 1.

25-7-6.9. Income above the schedule--Child support adjusted to appropriate level.

25-7-6.10. Factors considered for deviation from schedule.

25-7-6.11. Periodic adjustments in support.

25-7-6.12. Review and amendment of schedule.

25-7-6.13. Modification of prior orders of support.

25-7-6.14. Abatement of portion of child support--Modification.

25-7-6.15. Allocation of travel costs by court.

25-7-6.16. Medical support--Insurance--Computation of costs--Apportionment between parents.

25-7-6.17. Large adjustment in support phased in.

25-7-6.18. Order allocating child care expenses.

25-7-6.19. Credit for child support arrearages for parent with primary physical custody during period of custody.

25-7-6.20. Lien on payment or installment of support under an order of support--Notice.

25-7-6.21. Credit on monthly support obligation for social security or veteran's dependent benefits.

25-7-6.22. Rebuttable presumption that second job income not to be considered in establishing support obligation.

25-7-6.23. Offset of support obligation when each parent has primary physical custody of at least one child--Computation--Assistance from department.

25-7-6.24. Change of physical custody of child without court approval--Order to pay child support.

25-7-6.25. Form to request reimbursement of medical or health care costs--Small claims procedure.

25-7-6.26. Effect of failure to furnish financial information--Imputation of income.

25-7-6.27. Shared parenting child support cross credit.

25-7-6.28. Child residence with parent for a night--Residence for days.

25-7-6.29. Written finding for establishment or modification of child support order--Best interest of child.

25-7-7. 25-7-7. Repealed by SL 1989, ch 220, § 19

25-7-7.1. Continuation of duty to support.

25-7-7.2. Expenses incurred on child's behalf--Fee schedule.

25-7-7.3. Previously ordered support payments not subject to modification--Exception.

25-7-7.4. Unpaid payment or installment of support as judgment.

25-7-7.5. Filing of sworn statement or certificate of unpaid support due--Effective date of judgment.

25-7-7.6. Court may order payment of arrearages.

25-7-7.7. Termination of child support order upon disestablishment of paternity.

25-7-8. Stepparent's duty to support spouse's children.

25-7-9. Adult child supported by parent.

25-7-10. Liability of parent for necessaries supplied to child.

25-7-11. 25-7-11. Repealed by SL 1992, ch 182, § 2

25-7-12. Allowances to parent out of child's property.

25-7-13. Support of spouse and children out of property of absentee, prisoner or mentally ill person--Application to circuit court--Notice--Trial and judgment.

25-7-14. Reimbursement of county from deceased parent's estate for support provided child.

25-7-15. Desertion of child under ten as felony.

25-7-16. Nonsupport of child by parent as misdemeanor--Felony where parent leaves state--Spiritual treatment--Unemployment.

25-7-16.1. Cash bond for nonsupport applied to child support arrearages.

25-7-17. Abandonment or nonsupport of child by parent as prima facie evidence of intent.

25-7-17.1. Parent's choice of health services permitted in legitimate practice of religious beliefs not violation of support requirements.

25-7-18. 25-7-18. Repealed by SL 1982, ch 195, § 2

25-7-19. Marital status and divorce decrees immaterial to criminal liability--Status of unborn child.

25-7-20. Parent's criminal liability not relieved by other parent's custody or support provided by others.

25-7-20.1. Complaint for nonsupport signed by representative of department.

25-7-21. 25-7-21. Repealed by SL 2018, ch 160, § 2.

25-7-22. Communications not privileged in nonsupport prosecutions--Husband and wife as witnesses.

25-7-23. Abandonment and nonsupport of spouse or children as prima facie evidence of intent.

25-7-24. Release on undertaking to support spouse or child--Amount and terms of undertaking.

25-7-25. Cancellation of undertaking for support on demonstration of good faith.

25-7-26. Arrest and forfeiture of undertaking on failure to comply--Trial--Commitment or release on new undertaking.

25-7-26.1. Posting bond by obligor--Notice.

25-7-27. Adult child's duty to support parent when necessary--Notice required.

25-7-28. Adult child's right of contribution from brothers and sisters for support of parent--Notice required.

25-7-29. 25-7-29. Repealed by SL 1992, ch 26, § 5

25-7-30. Proof of marriage and parentage.

25-7-31. 25-7-31 to 25-7-36. Repealed by SL 1986, ch 218, §§ 62 to 67

25-7-37. Chronically delinquent defined.

25-7-38. Late fee for certain chronically delinquent child support payments.

25-7A-1. Definition of terms.

25-7A-2. Public assistance to dependent child deemed debt of person responsible for support--Establishment of amount of debt--Public assistance recipient does not incur debt.

25-7A-3. Subrogation right of department.

25-7A-3.1. Designation of Department of Social Services as state child support case registry--Duties.

25-7A-3.2. Designation of Department of Social Services as state child disbursement unit--Collection and disbursement procedures.

25-7A-3.3. State directory of new hires--Reporting requirements--Multistate employers--Use of information by department.

25-7A-4. Statement required of certain parents.

25-7A-5. Notice of support debt--Service on parent--Contents of notice.

25-7A-6. Hearing requested by parent--Referee's report--Objections--Order of court--Service--Objection to court's modification.

25-7A-6.1. Notice to department of parent's address and employment information.

25-7A-6.2. Time for furnishing documents required by referee--Inspection and copying by parties.

25-7A-6.3. Referee notice or report via e-mail.

25-7A-6.4. Referee report objection--Exhibits and documents to court--Deadline--Retention.

25-7A-7. Secretary's application for support order--Court order--Service.

25-7A-8. Circuit court action to contest paternity or custody.

25-7A-9. 25-7A-9. Repealed by SL 1986, ch 218, § 10

25-7A-10. 25-7A-10. Repealed by SL 1989, ch 175, § 12

25-7A-10.1. Filing of action involving previous support order.

25-7A-11. 25-7A-11. Repealed by SL 1989, ch 175, § 13

25-7A-12. 25-7A-12, 25-7A-13. Repealed by SL 1986, ch 218, §§ 14, 15

25-7A-14. Interest on support debt or judgment.

25-7A-15. Payor holding amount in excess of debt--Release of excess to obligor.

25-7A-16. Grounds for release of lien.

25-7A-17. Agreement between parents relieving duty of support--Rights of department or support obligee not terminated.

25-7A-18. Cooperation between public agencies.

25-7A-19. Department as administrator.

25-7A-20. Enforcement of spousal support obligation.

25-7A-21. Judgment for arrearage due obligee in absence of court order.

25-7A-21.1. Order establishment case--Limitation on prior-period support obligations or arrearages.

25-7A-22. Petition for modification of child support--Hearing--Referee's report--Objections--Service--Objection to modification of report.

25-7A-23. Order for withholding of income or property--Written agreement in lieu of order.

25-7A-24. Order for withholding of income served upon obligor where delinquent or support arrearage owed.

25-7A-25. 25-7A-25. Repealed by SL 1997, ch 155, § 9

25-7A-26. Petition to stay service of order for withholding--Grounds.

25-7A-27. 25-7A-27 to 25-7A-29. Repealed by SL 1997, ch 155, §§ 11 to 13

25-7A-30. Service of order for withholding.

25-7A-31. Order for withholding--Contents.

25-7A-32. Amount withheld for support and arrearage.

25-7A-33. Order for withholding not conclusive on issue of arrearage.

25-7A-34. Deduction and transmittal of income by payor.

25-7A-35. Compliance by payor where multiple orders for withholding or multiple obligors.

25-7A-36. Duty of payor where obligor terminated--Service of order upon new payor.

25-7A-37. Withholding made without regard to other claims--Complete defense by payor to claims of obligor.

25-7A-38. Modification, suspension or termination of order for withholding.

25-7A-39. Notice to payor.

25-7A-40. Binding effect of order for withholding.

25-7A-41. Notice of change of address of obligee.

25-7A-42. Notice of new payor to department by obligee--Violation as misdemeanor.

25-7A-43. Notice of other support payments to department by obligee.

25-7A-44. Collection, apportionment, and disbursements of payments by department--Payment records.

25-7A-45. Actions against payor by department.

25-7A-46. Intentional violation by payor as petty offense.

25-7A-47. Request to another state to withhold income of obligor.

25-7A-48. Order to withhold income of obligor upon request from another state.

25-7A-49. Law applicable to withholding of income derived within state.

25-7A-50. Notice to other state where obligor ceases to derive income within state.

25-7A-51. Workfare program--Circumstances where participation required.

25-7A-52. Supplemental nature of rights and duties--Prior assignments not invalid.

25-7A-53. 25-7A-53. Repealed by SL 1989, ch 175, § 14

25-7A-54. Department exempt from filing fee.

25-7A-55. Previous orders legalized, cured, and validated.

25-7A-56. Prohibition against issuance or renewal of professional license, registration, certification, or permit of applicant in child support arrearage--Adoption of rules by state agencies.

25-7A-56.1. Revocation, suspension, or restriction of licenses of child support obligors.

25-7A-56.2. Recordation of social security number of child support obligors.

25-7A-56.3. Administrative authority of Title IV-D agency in paternity and support actions.

25-7A-56.4. Administrative access of Title IV-D agency to motor vehicle or law enforcement locator systems.

25-7A-56.5. Disclosures to Title IV-D agencies.

25-7A-56.6. Title IV-D agency records access.

25-7A-56.7. Filing requirements.

25-7A-56.8. Jurisdiction of authorized tribunals.

25-7A-56.9. Reporting requirements of child support obligor's financial institution.

25-7A-56.10. Withholding from reemployment assistance benefits.

25-7A-56.11. Title IV-D agency as payee.

25-7A-57. Award of attorney fees and costs in child support modification hearings.

25-7A-58. Health insurance for dependent child.

25-7A-59. Withholding employee's compensation for dependent child's medical support--Required filing time--Limitation on amount--Penalty.

25-7A-60. Garnishment of wages for state expenditures for dependent child under the medical assistance program.

25-7A-61. Promulgation of rules to notify insurers and employers of child support orders that include medical support.

25-7A-62. Notice to obligor of national medical support notice--Procedure and grounds for contesting enrollment.