Free South Dakota Family Law FAQs | Free South Dakota Family Law Legal Documents

How Does The Custodial Parent Get The Noncustodial Parent To Pay His Share Of The Medical Bills Not Covered By Insurance?

Tue, 29 May 2007 21:19:00 GMT

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 counties allow the custodial parent to file a small claims action with the clerk of courts. Other counties require the custodial parent to obtain legal counsel to commence a hearing before the circuit court.

How Is Child Support Obligation Determined When There Is No Court Order?

Tue, 29 May 2007 21:19:00 GMT

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 that child`s parents are separated, divorced or unmarried. The combined monthly net incomes of both parents shall be used in determining the obligation and divided proportionately between the parents based on their respective net incomes. The noncustodial parent`s proportionate share establishes the amount of the child support order. If using only the noncustodial parent`s monthly net income is within the lowincome obligation areas of the guidelines, the amount shall be compared to the noncustodial parent`s proportionate share using both parent`s monthly net incomes. The lesser amount establishes the noncustodial parent`s child support order. The court may also apportion the costs for childcare and health and dental insurance between the parents. These guidelines are presumed appropriate unless either parent presents evidence warranting a deviation.

How Long Does It Take Ocse To Get An Order For Child Support?

Tue, 29 May 2007 21:19:00 GMT

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 Support Debt advising the person of his or her duty to support the child(ren). The noncustodial parent must respond to the notice and provide a financial statement. If the person does not contest the amount of support, orders can be obtained within 30 to 60 days after the noncustodial parent is served. If the noncustodial parent does not agree with the amount of support recommended by the OCSE, he or she may request a hearing. It may take 3 to 6 months if a hearing is requested.

In South Dakota, Can a Spouse Give Up His or Her Right to Alimony in a Premarital Agreement?

Sun, 12 Jul 2009 01:47:00 GMT

Yes, South Dakota law allows spouses to include modification or elimination of spousal support in their prenuptial agreement.

What If One Parent Does Not Live In South Dakota?

Tue, 29 May 2007 21:19:00 GMT

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.

What If The Obligor Is Self-Employed Or Unemployed?

Tue, 29 May 2007 21:19:00 GMT

If a selfemployed or unemployed obligor does not voluntarily make support payments and there is no payor of income, OCSE will seek other legal remedies and determine which is most appropriate. Payments not made become arrearages and will be collected whenever possible.

What Is Child Support?

Tue, 29 May 2007 21:19:00 GMT

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, permanent or modified court order in a divorce, paternity action, order for protection, child custody action or a separate child support action.

What Is Medical Support Enforcement?

Tue, 29 May 2007 21:19:00 GMT

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, unless the custodial parent has insurance available. The OCSE will only enforce health insurance if the insurance is available through the noncustodial parent`s employer. As such, the custodial parent may prefer to obtain insurance if the noncustodial parent is selfemployed or is employed in work whereby the employers usually do not provide insurance.

What Is The Central Payment Center?

Tue, 29 May 2007 21:19:00 GMT

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 with the Clerk of Courts, all future child support payments shall be made payable to the Office of Child Support Enforcement and mailed to: Child Support Payment Center, 700 Governors Drive, Suite 84, Pierre, SD 57501.

What Is The Difference Between A Legal Father And A Biological Father?

Tue, 29 May 2007 21:19:00 GMT

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 father. The legal father is the man the law recognizes as the father of the child. When a married couple has a child, the law automatically recognizes the husband as the child`s legal father; therefore, paternity does not need to be determined. When an unmarried woman has a child, an official act is needed to establish the legal father of a child. This is called the establishing of paternity. Paternity can be established by: The mother and the alleged father agreeing that he is the father of the child and then signing the Paternity Affidavit Form or the mother and the alleged father asking the court to officially declare that he is the child`s legal father. Sometimes, parents may want proof that the man is the biological father of the child before he is named the legal father. In that case, the parents can request genetic testing. This testing can exclude a man who is not the biological father of the child, or it can create a legal presumption of paternity if the test results show a 99% or greater probability that the man is the father. Once paternity is established, an order for child support can be established.

What Must Be Done Before I Can Get A Child Support Order?

Tue, 29 May 2007 21:19:00 GMT

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 action in some cases if the noncustodial parent cannot be located. If the Child Support office does not know the whereabouts of the noncustodial parent, there are many places from which to gather information. OCSE investigators try to locate a noncustodial parent through the State Parent Locator Service that is linked with several state agencies such as Job Service, driver license and motor vehicle registration. If the person has never lived in South Dakota or has left the state, OCSE will request other states to search their files. OCSE can also search on a national level through the Federal Parent Locator Service when the family has no knowledge of the other parent`s whereabouts. The information provided to OCSE by the custodial parent can greatly increase the chances of locating the noncustodial parent. Information about work history, friends, relatives, arrest records, former addresses or other pertinent information will speed the location process and increase the chance of collecting support. In addition, child support offices use two other tools to locate parents: the Federal Case Registry and the National Directory of New Hire Reporting. The Federal Case Registry contains limited information about each child support case in the United States. It matches quarterly wage information and unemployment compensation records submitted by each state with the National Directory of New Hires. Federal law requires all employers to report information about newly hired employees. They report the information to their state. The state then reports the information to the National Directory of New Hires.

What Steps are Necessary to Enter a Valid Premarital Agreement in South Dakota?

Sun, 12 Jul 2009 02:33:40 GMT

The South Dakota Uniform Premarital Agreement Act requires that premarital agreements be in writing and signed by both parties. In order to be valid, the agreement must be made voluntarily by both parties and not be unconscionable. Both parties must provide fair and reasonable disclosure of their property and financial obligations to the other party. South Dakota state law is specific as to the matters which may be included in the agreement. A premarital agreement may be amended once the parties are married if both parties agree to the amendment in writing.

When Will I Receive My First Child Support Payment?

Tue, 29 May 2007 21:19:00 GMT

· If arrears are due or immediate income withholding is included in the order for support, the OCSE will promptly issue a wage withholding order to the obligor`s employer to withhold current support payments plus an additional amount to be applied to any past due support. When served, the employer or payor of income is required to forward payments within 7 days from the date the employee is paid or their property is withheld. A prorated amount may be withheld, depending on the pay periods. There is no charge to the obligor, and the employer cannot withhold more than 50 percent of the gross income after mandatory deductions.

Who Establishes Support Orders?

Tue, 29 May 2007 21:19:00 GMT

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 order in a divorce, paternity action, order for protection, child custody action or separate child support action. The court generally orders the noncustodial parent to provide support for the child who is living with the other parent or another person. The court sets the amount of child support and medical support a parent must provide.

Why Is It Important To Establish A Child's Legal Father?

Tue, 29 May 2007 21:19:00 GMT

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 to benefits through their fathers. These benefits include: Social Security benefits, veteran`s benefits and inheritance rights. Children may also benefit by knowing their families` biological, cultural and medical history. Child Support offices help parents establish paternity for a child who does not have a legal father. Paternity must be established before the court can establish the father`s obligation to pay child support.

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