South Dakota law requires both parents to take care of the welfare, education, and support of their child. When parents separate, divorce, or are not married, one parent may have custody of the child. The parent without custody usually pays child support.
Sometimes parents agree to a certain amount of child support. If the court agrees with the amount, it sets the child support payments based on the agreement. When parents do not agree on child support, the judge decides how much the parent without custody pays.
If a parent has partial custody or shares custody equally, the court may still make the parent pay child support if the parent has a higher income. The judge also may set child support payments for each parent; however, the parent with the higher support payment pays only the difference between the two payments.
A parent can file for child support two ways:
Once the child support process begins, the court asks for information about employment, income, address, and custody arrangement of each parent. If paternity is in question, the judge may also request a DNA test for the father and child. The judge make the final decision about who pays the child support and how much the payments are based on the state child support guidelines.
A child support order is a legal judgment. It is against the law not to pay your child support. You can face legal consequences, such as:
A child support order entitles the owed parent to receive child support payments on time and in full. When the paying parent fails to pay you, two ways you can get your payments:
The court may decide to withdraw money from the paying parent check or agree to payment plan so you to collect your unpaid payments.
A child support order is put in to effect by a judge. It is a crime to stop pay child support on your own. To stop a child support obligation, you must have a judge decide and put it an official court order. The court may decide to end your child support payments when significant change of circumstance occur:
If you need help petitioning or modifying a child support order, then contact a local South Dakota family lawyer today to get the help you need.
Last Modified: 07-01-2018 07:18 PM PDTLaw Library Disclaimer
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