How to Modify Child Support in South Dakota: Filing Steps and Effective Date
To modify South Dakota child support, file a petition on the department’s forms; a referee hears it. Only payments accruing after notice of the hearing can change, so push for notice quickly.
How do you modify child support in South Dakota?
- Run the schedule amount in the South Dakota child support calculator and test it in the modification calculator.
- File a petition to increase or decrease support on the department’s forms; the secretary files it with the clerk of the circuit court where the order is filed (SDCL 25-7A-22).
- Go to the referee hearing. After notice by first-class mail, a court-appointed referee hears the matter and recommends the amount of support and medical support.
- Object if needed within ten days of service of the report.
- Keep paying the existing order until the court changes it.
What does a South Dakota referee recommend?
The amount of the monthly support obligation of the parent and for medical support (25-7A-22). The referee must be a member in good standing of the State Bar appointed by the court, and the matter is set after notice to all parties by first-class mail.
Who can file a South Dakota modification?
An obligor, an obligee or the assignee can file, as long as South Dakota keeps continuing exclusive jurisdiction over the order or the order was registered here and the registration rules are met (25-7A-22).
What happens to the South Dakota referee’s report?
Each party has ten days from service to file objections, and the other party gets five more days to respond. With no objection the circuit court may enter its order without further notice. With an objection, the court sets a hearing solely on the record before the referee and may adopt, modify or reject the report or send it back (25-7A-22).
Why does the notice of hearing matter?
Because previously ordered payments are not subject to modification, except those accruing while a petition is pending, and only from the date notice of the hearing was given to everyone with an interest (25-7-7.3). A change in January and notice in July leaves six months at the old amount.
Can parents agree to something else?
An agreement between parents that relieves a party of support or settles support obligations does not reduce the rights of the department or an obligee unless the department or the obligee consented in writing and a court approved the agreement (25-7A-17).
Can the South Dakota court change medical support too?
Yes. The referee’s report covers medical support as well as the monthly amount, and the schedule section sets how insurance costs are apportioned between the parents (25-7-6.16). Bring premium statements.
Can I get a credit if the child lived with me?
If by agreement or court order the obligor had primary physical custody for more than four consecutive months, the court may credit the obligor for arrears that built up while the obligor had actual physical custody (25-7-6.19).
How much does a late petition cost? An example
If notice of hearing happens 3, 6 or 9 months after your change, the relief you lose at a $300 monthly difference is:
| Delay before notice | Relief lost |
|---|---|
| 3 months | $900 |
| 6 months | $1,800 |
| 9 months | $2,700 |
What happens to unpaid support while the petition is pending?
It stays owed as a judgment. See whether South Dakota arrears expire or can be forgiven and add up your balance.
Frequently asked questions
How do I modify child support in South Dakota?
File a petition on the department's forms; a referee hears it and the circuit court rules.
How long do I have to object to a South Dakota referee report?
Ten days from service of the report.
What is the effective date of a South Dakota modification?
Only payments accruing while a petition is pending, from the date notice of the hearing was given.
Can South Dakota parents just agree to lower support?
Not in a way that binds the department or an obligee without written consent and court approval.
Does a South Dakota modification stop income withholding?
Not until the court enters the new order.
Official sources
- SDCL 25-7A-22: petition for modification
- SDCL 25-7-6.13: modification of prior orders; release from incarceration
- SDCL 25-7-7.3: payments not subject to modification
- SDCL 25-7-6.29: written finding to deviate
- SDCL 25-7-6.14: abatement
- 42 U.S.C. 666(a)(9): no retroactive modification of support already due
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.