How South Dakota Collects Unpaid Child Support: Wage Garnishment, License Suspension and Passport Denial
If you don’t pay child support in South Dakota, each payment becomes a judgment and lien, up to 50% of pay can be withheld, and licenses will not be issued or renewed at $1,000 of arrears without an arrangement.
What happens if you don’t pay child support in South Dakota?
Each payment unpaid after its due date is a judgment by operation of law and a lien (SDCL 25-7-7.4; 25-7-6.20). If you become delinquent in any part of a payment, or an arrearage exists, the department prepares and serves an order for withholding of income (25-7A-24).
How much can South Dakota take from my paycheck?
The amount withheld for support and arrearage may not exceed 50% of wages, salaries, commissions, bonuses, independent contractor pay, workers’ compensation, reemployment assistance or disability benefits, although all of an arrearage may be taken from personal property, money and credits not otherwise exempt (25-7A-32). The federal cap is also 50% or 60%, and 55% or 65% for support more than 12 weeks overdue (15 U.S.C. 1673(b)).
| If the person | Limit | If support is more than 12 weeks overdue |
|---|---|---|
| Supporting a spouse or another child | 50% | 55% |
| Not supporting a spouse or another child | 60% | 65% |
When can a license be refused?
No state agency or board may issue or renew the professional, sporting or recreational license, registration, certification or permit of an applicant after receiving notice from the department that the applicant owes support arrearages of $1,000 or more, unless the applicant first makes satisfactory arrangements to pay; a disputed determination gets a due process hearing, and a temporary license can be issued pending the result (25-7A-56).
Which licenses are covered?
Professions and occupations listed in Title 36, insurance producers, teachers and administrators, attorneys, securities professionals, pilots, day care providers, gaming employees, law enforcement officers and recreational licenses (25-7A-56).
How does the lien work?
A support payment unpaid after its due date is a lien by operation of law, and a Title IV-D agency can perfect it on real and personal property the way liens are perfected for that type of property; priority dates from filing, and good-faith purchasers for value before perfection are protected (25-7-6.20).
Does withholding start right away?
On entry or modification of a support order, withholding takes effect immediately unless there is good cause or a written agreement for an alternative arrangement the court approves; otherwise it starts when you become delinquent in any part of a payment or ask for it (25-7A-23).
Can I contest a withholding order?
Yes, by a written request for administrative review within ten days after service; the grounds are limited to the existence or amount of the order, the delinquency or arrearage, or the obligor’s identity (25-7A-26).
What about passports?
If a state agency certifies that a person owes child support arrearages of more than $2,500, federal law requires refusal of a passport (42 U.S.C. 652(k)). The South Dakota arrears calculator warns when the unpaid principal passes that figure.
What should you do if you owe?
Respond to every notice, ask the department for a payment arrangement before a license renewal, add up the balance in the South Dakota child support arrears calculator and, if your circumstances changed, file a petition to modify right away.
Frequently asked questions
What happens if you don’t pay child support in South Dakota?
Each payment becomes a judgment and lien, wages can be withheld and licenses can be refused.
How much of my paycheck can South Dakota take for child support?
Not more than 50% of wages and similar income for support and arrears.
Can South Dakota refuse to renew my professional license for unpaid child support?
Yes, at $1,000 of arrears unless you make satisfactory arrangements.
Can I get a temporary South Dakota license while I dispute my arrears?
Yes, on the department's recommendation the agency may issue a temporary license pending the hearing.
When can the passport of a South Dakota parent who owes child support be denied?
When arrears above $2,500 are certified under federal law.
Official sources
- SDCL 25-7A-14: interest on support debt or judgment
- SDCL 54-3-16: official state interest rates
- SDCL 25-7-7.4: unpaid payment as judgment
- SDCL 25-7-6.20: lien
- SDCL 25-7A-32: amount withheld
- SDCL 25-7A-56: licenses
- 15 U.S.C. 1673: restriction on garnishment
- 42 U.S.C. 652(k): denial of passports
A local family law attorney can review your situation — many offer a free consultation.
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.