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DCS may refer cases to a prosecutor for show cause hearings when a noncustodial parent has not paid any child support for a period of time. The court may find a noncustodial parent in contempt of court if he or she has the ability to pay but is willfully not paying the child support obligation.
In South Dakota, the Circuit Court is the only entity with authority to modify a child support obligation. This is usually done in response to a petition filed by one of the parents. Either parent or a representative may file a petition to modify their child support order.
The combined monthly net incomes of both parents must be used in determining the obligation and divided proportionately between the parents based on their respective net incomes. The noncustodial parents proportionate share establishes the amount of the child support obligation.
The court orders a flat percentage of 25% of the non-custodial parents income to be paid in child support to the custodial parent.
A liability order allows the CMS to take legal action against the paying parent to recover the debt. They could: Negotiate payment using bailiffs, or ask them to seize and sell the paying parents belongings. Use an order for sale to sell the paying parents assets or property and take the proceeds.
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On the basic rate, if youre paying for: one child, youll pay 12% of your gross weekly income. two children, youll pay 16% of your gross weekly income. three or more children, youll pay 19% of your gross weekly income.
In South Dakota, parents have the legal duty to support their child until the child attains the age of 18, or until the child attains the age of 19 if the child is a full-time student in a secondary school (such as high school).
When does the child support obligation stop? South Dakota law requires child support to be paid until age 18, or until the age of 19 or graduation if the child is a full-time student in a secondary school (high school), whichever occurs first. Example: Child turns 18 on January 15, 2022.
The court orders a flat percentage of 25% of the non-custodial parents income to be paid in child support to the custodial parent.
In South Dakota, parents have the legal duty to support their child until the child attains the age of 18, or until the child attains the age of 19 if the child is a full-time student in a secondary school (such as high school).

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