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Other Family Law Resources

What If One Parent Does Not Live In South Dakota?

The most difficult cases to enforce are those in which the noncustodial parent lives in one state and the child and custodial parent live in another. If South Dakota does not have jurisdiction over the noncustodial parent, OCSE may request the other state to assist with establishing paternity and/or a support obligation as well as the enforcement of an order for support. OCSE must rely on the responding state`s laws, rules, regulations, policies and procedures. State child support agencies must cooperate and help each other in handling requests for assistance. In some cases a backlog of child support cases in the responding state may slow interstate enforcement. The other state may assess fees or may withhold fees from the support collected.

Other South Dakota Family Law FAQs

Q: What Is Child Support?
A: Child support is money parents pay to help other people support their children. The court orders the support. The support may be part of an interim, temporary, … more
Q: What Is The Central Payment Center?
A: The Department of Social Services is the central payment center for the state and handles all disbursements. (SDCL 257A3.2) Once the modified order is filed … more
Q: What Must Be Done Before I Can Get A Child Support Order?
A: To obtain any type of order, the Child Support office must notify the noncustodial parent that it is trying to establish an order. The Child Support office cannot take … more
Q: Why Is It Important To Establish A Child's Legal Father?
A: The establishment of paternity gives a child born outside marriage the same legal rights as a child born to married persons. Children with legal fathers are entitled … more
Q: What Is The Difference Between A Legal Father And A Biological Father?
A: Every child has a biological father. The biological father is the man who contributed half of the child`s genetic makeup. The legal father may not be the biological … more
Q: Who Establishes Support Orders?
A: The Child Support office or a parent may ask the court to issue a support order. The support order may be part of an interim, temporary, permanent or modified court … more
Q: How Long Does It Take Ocse To Get An Order For Child Support?
A: Once a noncustodial parent has been located and if the custodial parent does not have an order for support, the OCSE will serve the noncustodial parent a Notice of … more
Q: How Is Child Support Obligation Determined When There Is No Court Order?
A: The SD Legislature established guidelines which courts must use to determine that an equitable share of parental income and resources are allocated to the child when … more
Q: What Is Medical Support Enforcement?
A: The court order may specify one of the parents to maintain health insurance coverage. Generally, the noncustodial parent will be required to obtain health insurance, … more
Q: How Does The Custodial Parent Get The Noncustodial Parent To Pay His Share Of The Medical Bills Not Covered By Insurance?
A: OCSE does not collect the medical costs not covered by health insurance unless the custodial parent has the amount reduced to a judgment. To obtain a judgment, some … more