Last Updated on October 26, 2023 by Lori Pace
To have the best quality life possible, a child needs both parents’ support. This includes financial support which is especially important for providing for the child’s needs. No matter if the parents live together, their obligation to care for their child is still there. The South Dakota Department of Social Services Division of Child Support helps parents to form a financial partnership in order to support their children even if they don’t live together.
The Process For Child Support After Divorce in South Dakota
The Division of Child Support (DCS), a division of the Department of Social Services, assists parents in establishing financial agreements for child support. This is to help them raise their child together. The DCS offers child support services to any adult with legal custody of a minor. These services include the following: locating the noncustodial parents, establishing paternity and establishing court orders to child support. Enforcing existing orders, etc.
South Dakota’s custodial parents who are eligible for public assistance programs such as Medicaid, Temporary Assistance for Needy Families(TANF), Medicaid, Supplemental Nutrition Assistance Program (SNAP), and others. DCS automatically enrolls them for child support services. All other custodial parents need to apply for child support and pay a $5 fee. Parents who apply for “location-only” services will have the requirement to pay a $20 fee.
Download the application form here and fill it in accordingly for submission. The application requires information from both the custodial and noncustodial parents. This includes information such as name, date, birth, address, telephone number, home address, employer information and more. You can also fill out details about your child in the section. It is important to include the details of the noncustodial parents as these help locate and track the parent and speed up the process. Because a child support case can’t proceed until the noncustodial parents receive a notice.
After Locating The Noncustodial Parent
The DCS will use information from the custodial parent when trying to locate the noncustodial parents. They may need specific details, such as the address. The DCS can crosscheck the national database to find the parent’s name, employment information and address if the parent is not located. After locating the parent, they will receive a notice of support and the case can move forward.
Once the noncustodial parent has been located, it may be necessary to establish paternity. If the parents were married, the law presumes that the father of the child is the mother’s husband, unless the mother indicates a different man on her child support application. In the instance when the child was born in the first 10 months following the dissolution of the marriage, this applies. If the unmarried parents agree to be the parents of the child they can sign a paternity affidavit form.
If the parents want to prove that the man is the biological father of the child, they can request genetic testing. There will be a legal presumption that the man is the father of the child if the results are above 99%. You can find more details on establishing paternity on the online booklet. The DCS can establish child support orders after the establishment of paternity.
How To Receive Child Support in South Dakota
Two options are available to custodial parents with a South Dakota child support order.
First, the Way2Go card is an option. The state issues this debit card for parents who don’t have a bank account linked to their child support case. Comerica issues the Way2Go card, which allows parents to easily access their child support. The card is free of monthly fees and the parent can use it just like any regular debit card. You can use this card to make purchases, withdraw cash, or buy online. Within 3 days of the DCS processing payments, the funds are available on the card.
Direct deposit is another option. Direct Deposit allows parents to receive child support funds directly into a checking or savings account they already have.
Parents who are in financial hardship can access funds electronically through a third option. Parents can request an exemption and have their checks sent to their home address. This option is risky because anyone can steal the check.
Download the enrollment form that provides the information on the options to the parents.
The Maximum Amount That Your Family Can Receive For Child Support
South Dakota has child support laws. These laws establish guidelines for the calculation of child support obligations. These guidelines are intended to establish an equitable share of resources that will be used to care for the child. This would enable the child to live a standard life similar to if both parents were married. Guidelines for child support are based on the net income of each parent. The court can also allocate certain costs such as daycare, medical insurance, and healthcare costs. One of the parents. A copy of the Child Support Obligation Schedule is available online. Moreover, South Dakota hosts an online calculator to help you get an idea of how much the child support will be.
Parents can request a modification to the order after the support amount is established. This will allow the order to reflect their current financial situation. There is a $50 fee for the modification request. However, public assistance recipients are exempt from this fee. Learn more information on the child support guidelines and the modification procedure.
Enforcement of Child Support
The DCS has the obligation to enforce child support obligations if noncustodial parents fail to pay. The DCS can resort to enforcement actions in this instance. These include automatic withdrawals of funds from the parent’s bank account (the parent should enter into an agreement with DCS), reporting credit bureaus and denial of passport applications. Interception of tax intercept, etc. If payments have not been made within a specified time, the DCS can refer cases to a prosecution for a show cause hearing. This is a last resort, and could result in a parent being sentenced to jail. These enforcement actions are typically applied automatically after certain criteria have been met in a child support case.