South Dakota Child Support Changes

There are some important modifications to South Dakota’s Child Support statues which go into effect on July 1, 2022.

Effective July 1, 2022, any child support oblige or obligor may petition to modify an existing child support order, even if they cannot prove a change in circumstances and even if three years have not passed since the order was entered. Generally speaking, you can only petition to modify child support if either (1) more than three years have passed since establishment or modification of the order; or (2) a substantial change in circumstances has occurred.

However, the South Dakota State Legislature has authority to modify the statute and allow modification of any orders prior to a specific date.  The Legislature recently passed such a statute modification.  SDCL 25-7-6.13 states: “All orders for support entered and in effect prior to July 1, 2022, may be modified in accordance with this chapter without requiring a showing of a change in circumstances from the entry of the order.” 

Please note, however, it is not always beneficial for you to file a petition to modify child support. You should first speak with your attorney about whether its best for you to file a petition.  To learn more, please reach out to schedule a time to talk with one of the Woods Fuller family law attorneys to see how a petition to modify child support could impact you.