Child support payments are court-ordered payments that are made by one of a child’s parents to the other parent for the benefit of the child or children. Typically, a parent who does not have primary physical custody of a child or who resides with the child less than half of the time is the parent who is ordered to make child support payments.
Raising a child can be very expensive and both parents are responsible for financially supporting their children. Child support is one way to ensure that both of the child’s parents are fulfilling their financial obligations to their children.
Child support payments are intended to be used for the expenses that are involved in raising children, such as:
- Food, shelter, and clothing;
- Medical care and health related expenses; and
- Educational expenses.
A parent who is required to pay child support cannot get out of the obligation. In addition, the parent who has physical custody of the child cannot refuse to accept the court-ordered child support payments.
Child Support Laws in South Dakota
South Dakota laws require that both of a child’s parents care for the welfare, education, and support of their child or children. If parents are not married, separate, or divorce, one of the parents may obtain custody of the child.
As previously noted, the parent who does not have custody typically pays child support. In some situations, the parents will agree to a certain amount of child support.
If a court approves this agreed-upon amount, it will set the child support payments based on that agreement. If the parents do not agree on child support, the court will determine the amount that the non-custodial parent will have to pay.
If one of the parents has partial custody or shares custody equally, a court may still make one of the parents pay child support if they have a higher income. The court may also set child support payments for both parents.
Typically, when this occurs, the parent with the higher support payment will pay the difference between the two to the other parent. If an individual has any questions about child support, they should contact a child support attorney in South Dakota.
Who Is Required to Pay Child Support?
If parents do not share custody equally, or if the child lives with one of the parents more than half of the time, the parent with whom the child spends less time will be the parent who is required to pay child support. Both mothers and fathers may be ordered to pay child support.
It is not a requirement for the parents to have been married in order for a parent to be required to pay child support. There may be cases in which a dispute arises regarding the identity of the biological father of the child.
In these cases, a court will order a DNA test to determine paternity prior to calculating and ordering child support. If an individual has any paternity issues, they should consult with a paternity lawyer in South Dakota.
Adoptive parents are subject to child support laws. Absent an adoption, however, a step=parent will not be required to pay child support for a step-child.
How Is the Amount of Child Support Determined?
Every state has guidelines that are used to calculate the specific child support payment in each case. The court will determine the amount of child support payments based on the specific circumstances of the parents who will be making the payments.
Child support guidelines will typically provide a court with a range and then the court orders an amount within that range. There are some states that provide wide discretion when determining the final amount, while other states require courts to follow very strict guidelines.
As part of the calculation process, each of the parents will be required to submit their financial information to the court. Typically, this is in the form of a financial statement that outlines their monthly income and expenses.
The court will take this financial information as well as the amount of time each of the parents spends with the child under the custody arrangement or visitation schedule and will use a child support calculator to determine the child support amount. If an individual has any questions regarding child support payments in South Dakota, an attorney can advise them of any current and new child support laws in South Dakota.
How Do You Petition for Child Support in South Dakota?
Under South Dakota child support laws, a parent may petition for child support two ways, including:
Once the child support case process begins, the court will request information regarding employment, income, address, and custody arrangement of each parent. If paternity is an issue, the court may also order a DNA test for the father and child.
The court will then make the final decision regarding who pays for child support and the South Dakota child support payments based on the state child support guidelines.
What Happens When Child Support is Not Paid in South Dakota?
Child support orders are legal judgments. It is against the law for an individual not to pay their child support and, if they do so, they may face legal consequences, such as:
- Restricting an individual from getting or renewing their driver’s license;
- Taking away their driver’s license;
- Taking money out of an individual’s paycheck;
- Taking their tax refund check;
- Reporting child support debt to credit agencies;
- Paying fines; or
- Going to jail.
What Recourse can the Other Parent Have if You Don’t Pay for Support?
Child support orders entitle the owed parents to receive child support payments on time and in full. When a paying parent does not make payments, the non-paying parent can obtain their payments in one of two ways, including:
- File a child support enforcement action with the court; or
- Request the DCSS to file the action on their behalf.
A court may withdraw the funds from the paying parent’s paycheck or agree to a payment plan for the paying parent.
How Can You Stop Paying Child Support in South Dakota?
As previously noted, child support orders are court orders and it is illegal to stop paying them. In order for an individual to stop their child support obligation, they are required to have a court order.
A court may terminate an individual’s child support payments if a significant change of circumstances occurs, such as:
- The child turns 18;
- The parent loses their job through no fault of their own;
- The child now lives with the paying parent; or
- The father finds out they are not actually the father through paternity testing.
What Does a Child Support Attorney Do in South Dakota?
A child support attorney is most often terminated when the parties who are getting a divorce have a contentious relationship or they need to modify or amend a child support order. An attorney may also be needed if there is a dispute regarding child support payments or if either of the parties were previously married and are making separate child support payments to their former spouse.
Where Can You Find the Right Child Support Lawyer in South Dakota?
If you need assistance petitioning for or modifying a child support order, it is important to contact a South Dakota child support lawyer who can help. Your lawyer can also help obtain payments if the other parent is not paying you as they should. South Dakota family laws can be complex, but your lawyer can provide you with the guidance you need.
