How Long Child Support Arrears Last: Collection Limits, Back Support and Forgiveness in South Dakota

By the FigureMyTax Editorial Team · How we calculate

South Dakota child support payments already due cannot be modified, except those accruing while a petition is pending. Private settlements do not bind the department, and we found no limitation period.

Can South Dakota child support arrears be changed?

Not for payments already due. Previously ordered support payments that have become due, paid or unpaid, are not subject to modification by a court or administrative entity, except those accruing while a petition for modification is pending, and only from the date notice of the hearing was given (SDCL 25-7-7.3).

Question	South Dakota rule
Payments already due	Not subject to modification, except those accruing while a petition is pending, from notice of hearing (25-7-7.3)
Interest	1% a month on unpaid principal (25-7A-14)
Private agreements	Do not reduce the department’s or an obligee’s rights without written consent and court approval (25-7A-17)
Custody credit	The court may credit arrears built up while the obligor had primary physical custody over four consecutive months (25-7-6.19)
Time limit to collect	We found none in the sections we read; ask an attorney
Withholding	May end when no current support is due and arrears are paid (25-7A-38)

Do child support arrears expire in South Dakota?

We found no limitation period for unpaid support in the sections we read, and we are not stating one. Each payment is a judgment by operation of law (25-7-7.4). Ask a licensed South Dakota attorney how long a judgment can be enforced.

Can the other parent agree to forgive arrears?

An agreement between parents relieving a party of support or settling past support does not reduce the rights of the department or any support obligee unless the department or obligee consented in writing and a court approved it (25-7A-17). Get court approval for any settlement.

What if the obligee never claimed support?

The secretary may, without a court order, start an action to set a current monthly obligation and get a judgment for arrears owed to an obligee who has applied for services (25-7A-21). Do not assume silence ends the debt.

Is there any credit against arrears?

Yes. If by agreement or court order the obligor had primary physical custody of the child for more than four consecutive months, the court may credit the obligor for arrears that accumulated while the obligor had actual physical custody (25-7-6.19).

When can withholding end?

The department may terminate the order for withholding if no current support obligation is due and the arrearage has been paid, or may modify or suspend it when the underlying order changes (25-7A-38).

Does public assistance create a debt?

Public assistance paid for a dependent child creates a debt due to the state from the person responsible for support, limited to the order amount including all arrears when an order exists; a person receiving assistance for the child does not incur a debt for that period (25-7A-2). Ask which part of your balance is owed to the state.

Do arrears survive when the child turns 18?

Yes. Installments already owed stay owed and can draw interest. See the South Dakota child support end date calculator.

What should you do about a large balance?

Get the official balance, compare it with the South Dakota child support arrears calculator, ask the department for an arrangement, and if your circumstances changed, file a petition to modify right away.

Frequently asked questions

Can a South Dakota judge reduce past-due child support?

No, except for payments accruing while a petition is pending, from notice of hearing.

Do South Dakota child support arrears expire?

We found no limitation period in the sections we read; ask a licensed attorney.

Can South Dakota parents agree to forgive child support arrears?

Not in a way that binds the department or an obligee without written consent and court approval.

Is there a South Dakota credit for time the obligor had primary custody?

Yes, the court may credit arrears from a period of over four months.

Do South Dakota arrears survive when the child turns 18?

Yes. Installments already owed stay owed.

Official sources

Going through a divorce or custody case in South Dakota?

A local family law attorney can review your situation — many offer a free consultation.

Talk to a South Dakota attorney

This is general information, not legal advice. It is based on the cited South Dakota statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed South Dakota attorney.