How do I request a modification in South Dakota?

It depends on when the original order was entered. Orders entered before July 1, 2022 may be modified without proof of changed circumstances. Orders entered after July 1, 2022 require either three years to have passed, or a substantial change in circumstances producing at least a 20% difference in the calculated support amount.

Who has authority to modify support in South Dakota?

Only a circuit court judge, either parent or a representative may file a petition to modify.

South Dakota, United States

South Dakota Child Support: A Parent's Guide

Q: How is child support calculated in South Dakota?

Under the income shares model under SDCL § 25-7-6.2, combining both parents' monthly net incomes and applying a statutory obligation schedule to determine the base support amount, split between the parents proportionally.

Q: What does filing a modification cost, and where?

The modification filing fee is $50 as of January 2026, payable to the Clerk of Courts, with requests proceeding through the Division of Child Support Modification Unit in Pierre, requiring a petition, financial statement, income verification, a Child Support Order Filing Data form, and the current order.

Q: How is child support enforced in South Dakota?

Standard tools include income withholding (wage garnishment from the first dollar), tax refund intercept, passport denial on arrears above $2,500, driver's license suspension, professional license suspension, and contempt proceedings in serious cases. Interest accrues on unpaid support at the statutory judgment rate.

How child support works in South Dakota, in plain English: the income shares guidelines, the 2022 modification cutoff, and enforcement.

Legal sources reviewed: August 10, 2026

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In short: South Dakota's modification rules changed on July 1, 2022: orders from before that date can be modified without proof, while newer orders need either 3 years to pass or a change producing at least a 20% difference. Filing costs just $50, and enforcement includes first-dollar wage garnishment and passport denial once arrears exceed $2,500.

This is an educational overview written for parents, not lawyers. It isn't legal advice. For anything beyond general understanding, talk to a licensed South Dakota family law attorney.

What South Dakota generally provides

Under SDCL § 25-7-6.2, South Dakota uses the income shares model, combining both parents' monthly net incomes and applying a statutory obligation schedule to determine the base support amount, split between the parents proportionally.

Important terminology

July 1, 2022 cutoff: the date that determines which modification standard applies to an existing order.
Division of Child Support Modification Unit: the Pierre-based office that processes modification requests.
Child Support Order Filing Data form (UJS/DSS 089): a required document for a modification petition.

How the calculation works

Combining net income against the obligation schedule

Both parents' monthly net incomes are combined and matched against South Dakota's statutory obligation schedule to determine the base support amount, then split proportionally between the parents.

Requesting or defending a modification

South Dakota's modification standard depends on when the original order was entered. Orders entered before July 1, 2022 may be modified without requiring proof of changed circumstances at all. Orders entered after July 1, 2022 require either three years to have passed, or a substantial change in circumstances producing at least a 20% difference in the calculated support amount. Only a circuit court judge has authority to modify a child support obligation; either parent or a representative may file the petition. Requests go through the Division of Child Support Modification Unit in Pierre, requiring a petition, financial statement, verification of income, a Child Support Order Filing Data form (UJS/DSS 089), and the current order. The filing fee is $50 as of January 2026, payable to the Clerk of Courts. See the child support calculator and guideline finder for jurisdiction-specific calculation sources and guidance.

How enforcement works

Standard tools include income withholding (wage garnishment from the first dollar), tax refund intercept, passport denial on arrears above $2,500, driver's license suspension, professional license suspension, and contempt proceedings in serious cases. Interest accrues on unpaid support at the statutory judgment rate, and enforcement actions continue until the obligation is fully satisfied.

Common questions

Which modification standard applies to my order? It depends entirely on when the order was entered, before July 1, 2022 means no proof of changed circumstances is required; after that date, you need either three years to pass or a 20%+ difference from a substantial change.

Is filing for a modification expensive? No, South Dakota's $50 filing fee is notably low compared to many states.

What if my co-parent isn't paying? Contact the South Dakota Division of Child Support, which can pursue wage garnishment, tax intercepts, license suspension, and, for significant arrears, passport denial.

Practical considerations

Because South Dakota's modification standard hinges on a specific date (July 1, 2022), confirm exactly when your order was entered before assuming which standard applies, an order that's just a few months on either side of that date can face meaningfully different modification requirements. For the custody rules underlying the parenting-time side of these calculations, see the South Dakota custody guide.

Official South Dakota resources

FAQ

Questions, answered

This information is provided for educational purposes only and is not legal advice. Family law varies by individual circumstances and may change over time. Consult a qualified attorney or appropriate official resource for advice about your situation.