Child support orders may be modified for various reasons in South Dakota. For instance, a parent may lose their job or have a pay cut, making it impossible to continue paying the same amount of child support. In some cases, one parent may have a significant increase in income. Whatever the reason may be, modifying child support orders can be a complex process. In this blog, we will discuss the process of modifying child support orders in South Dakota.
How to Modify Child Support Orders in South Dakota
The Circuit Court is the only entity with the authority to modify a child support obligation in South Dakota. However, a parent or representative may file a petition to modify their child support order. A support order may be modified without showing any change in circumstances if the order was entered and in effect before July 1, 2022.
If the order was entered and in effect after July 1, 2022, it may be modified only under certain circumstances:
First, it must have been entered three years or more from the date the petition is filed.
Second, the petitioner must show a significant change in circumstances that has occurred since the entry of the order.
What constitutes a significant change in circumstances?
Some examples include a parent's loss of employment, change in employment status, significant change in the amount of parenting time, or the child's special needs. These changes should be substantial enough to warrant a review of the child support order. A South Dakota court will not modify an order simply because a parent wants more or less child support.
Filing a Petition to Modify a Child Support Order
The petitioner must file a petition to modify the child support order with the court to start the process. Documentation and evidence of the substantial change in circumstances will also need to be provided. The other parent will receive notice of the petition, and a court hearing will be scheduled. It is important to have legal representation throughout this process to ensure that your rights and interests are protected.
If the court approves the petition, the new child support order will be entered. However, it is important to note that the new order may not be retroactive, i.e., it may not affect prior child support obligations. One exception is if a parent can demonstrate that they made a good faith effort to comply with the previous order but could not because of circumstances beyond their control.
The Bottom Line
If you are considering modifying a child support order in South Dakota, it is essential to understand the process and work with an experienced family law attorney. At Ver Beek Law, we understand that family legal issues can be challenging and emotional. Our legal team is committed to providing you with personalized and proficient legal services to help you achieve the results you are seeking. Contact us today for a consultation.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.