Child Support in South Dakota

Where to start

Your best first step depends on what is missing. Some parents need a first support order. Some already have an order but are not getting paid. Others need parentage established first. Others need to change an old order because income, child care, health insurance, or where the child lives has changed.

For a broader child support overview, see ASMOM child support help. If child support is only one part of the problem, also review South Dakota help and South Dakota legal help.

Quick reference for South Dakota

What South Dakota DCS can and cannot do

The Division of Child Support helps families with paternity, child support orders, locating a non-paying parent, collecting support, and paying support to the family. DCS can also take certain enforcement steps and help start the modification process. DCS does not replace a lawyer for your personal legal advice.

How to apply for child support services

DCS says the request for service form is available online, but hard copy requests and attachments must still be submitted. You can ask DCS to mail a hard copy, email DCS at DCS@state.sd.us, call a field office, or download the form and follow the mailing instructions.

After you submit the request, DCS reviews it for completeness. If the form is not complete, DCS says it will be returned with a letter explaining what must be completed. If the request is complete, DCS will open a case and proceed with paternity, order establishment, or enforcement as needed. DCS says you should allow at least four weeks for a case to be established and initial notices to arrive.

The application is available to parents, alleged fathers, and people who have court-ordered legal custody or guardianship of the child. If you are not the parent, attach a copy of the court order giving you custody or guardianship.

What to gather before you apply

• Full names, birth dates, and Social Security numbers if known.
• Birth certificates for each child.
• Any paternity affidavit, genetic testing result, or paternity order.
• Most recent court order, divorce decree, custody order, or guardianship order.
• Employer, address, phone, and family contacts for the other parent.
• Safe contact information, protection orders, or no-contact orders if safety is an issue.

How South Dakota calculates child support

South Dakota child support obligations are based on state guideline laws. DCS says the basic support obligation looks at both parents’ combined monthly net incomes, the number of children, and each parent’s proportionate share. The court may also split costs for child care and health care coverage, including medical, dental, orthodontic, optometric, or counseling costs.

The official obligation page explains the basic worksheet, split custody, and shared parenting cross-credit. Shared parenting is not just an informal agreement. DCS describes it as a court order with a detailed shared parenting plan where the child lives at least 180 nights per calendar year in each parent’s home, and the court decides whether a cross-credit is appropriate.

The calculator gives only a general idea. It is intended for combined monthly net income up to $30,000. It assumes the children primarily live with one parent, and it is not meant for joint physical care or split custody cases. If your case has unusual expenses, shared time, high income, travel costs, Tribal court issues, or safety concerns, expect the final number to require more review.

Parentage and paternity

If parents were not married, legal parentage may need to be established before support can be ordered. DCS says the father’s name on a South Dakota birth certificate does not, by itself, establish paternity. Parentage may be established by court order, genetic testing, a signed voluntary acknowledgment, or marriage-related rules.

The DCS paternity page explains that both parents must sign a paternity affidavit under oath to voluntarily acknowledge paternity. Once signed, the law presumes the named father is the biological father, and DCS can move forward with child support without a separate legal proceeding to establish paternity.

DCS also says it does not provide free DNA testing without a case. If paternity has not been established, either parent may apply for DCS services to establish paternity and a child support order. Ask legal aid before signing if you do not understand the legal effect of the form or if there is pressure, fear, or uncertainty.

Payments, missed payments, and enforcement

Most child support payments are made through income withholding. When income withholding is not possible, the person who pays support may have other payment options. DCS says payments can be made online, in person, or by mail, and that some vendor methods may charge fees.

Parents and caregivers who receive child support can use direct deposit or a Way2Go prepaid debit card through the electronic payment system. DCS says payments are generally received within two to three business days after DCS applies the payment. The separate payment page says payment methods may take up to seven business days for DCS to receive the payment before processing.

If payments stop, report changes to DCS. Useful information can include the other parent’s new job, new address, new phone number, license information, or whether the parent moved to another state. DCS lists enforcement tools such as income withholding, IRS tax offset, passport restriction, court referral for nonpayment, lottery offset, and license restriction.

How to change a South Dakota child support order

A change to the amount is called a modification. DCS can help start the process, but the Circuit Court is the only entity that can modify a child support obligation. Either parent, or a person with legal custody such as a grandparent, aunt, uncle, or guardian, may file a petition to modify.

DCS says an order may be modified if it has been three years since the last order was entered, or sooner if there has been a substantial change in circumstances. Examples may include income changes, a job loss, daycare costs ending, or a child graduating from high school while other minor children remain on the order.

The modification form says a $50 filing fee is required unless the petitioner receives certain assistance benefits, such as TANF, SNAP, Medicaid, child care assistance, or energy assistance. A filing fee waiver request may also be included. Always check the current form and instructions before mailing anything.

Safety, custody, and legal help

Child support can affect safety when the other parent is abusive, controlling, or threatening. Tell DCS about safety concerns in writing when possible, and ask what information may be shared. If you need protection order information, South Dakota UJS has domestic violence forms, stalking forms, vulnerable-adult protection order information, and a form help line for form questions.

If you need legal help and cannot afford a lawyer, SD Law Help connects applicants with legal aid organizations that serve South Dakotans and members of local Tribal Nations. The site says an applicant is usually contacted by phone, email, or mail within two to five business days, and people with urgent deadlines should reach out to the nearest agency.

For parenting time and court forms, use the South Dakota UJS self-help site. Custody, protection orders, divorce, parenting time, and child support can overlap, but they are not the same task. Ask the court clerk, legal aid, or a lawyer which forms fit your situation.

Documents checklist

You may not need every document to start, but missing papers can slow the case. Keep copies and note the date you mailed or submitted anything. For a broader benefits folder, use the ASMOM documents checklist.