25-7-13. Support of spouse and children out of property of absentee, prisoner or mentally ill person--Application to circuit court--Notice--Trial and judgment.
In case the husband or wife abandon the other and remove from the state and remain absent therefrom one year or more, or be sentenced to imprisonment in the county jail or state penitentiary for a period of one year or more, or become mentally ill and be committed to the South Dakota Human Services Center, and the husband or wife of such person so imprisoned, mentally ill, or guilty of abandonment be without means of support, the circuit court for the county in which such husband or wife resides, upon application duly verified and supported by such evidence as the court deems sufficient, may, by order or decree, authorize and direct the applicant or some other suitable person to manage, control, sell, or encumber the property of such imprisoned, mentally ill, or offending person in order to make suitable provision for the support and maintenance of his or her husband or wife and minor children during the period of such abandonment, imprisonment, or mental illness. Notice of such application must be served in the same manner as the summons in civil actions and in case of appearance by the opposite party, trials and other proceedings may be had as in case of civil actions and all orders, judgments, and decrees entered shall have the same force and effect.
Source: SDC 1939, ยง14.0205.
Structure South Dakota Codified Laws
Chapter 07 - Support Obligations
Section 25-7-1 - Duty to support spouse.
Section 25-7-2 - Liability for necessaries supplied to spouse.
Section 25-7-3 - Abandonment or separation of spouses--Liability for support.
Section 25-7-4 - Failure to support spouse as felony.
Section 25-7-5 - Duty to support spouse.
Section 25-7-6.2 - Support obligation schedule.
Section 25-7-6.3 - Determination of parents' monthly net income--Sources of income.
Section 25-7-6.4 - Rebuttable presumption of employment at minimum wage.
Section 25-7-6.5 - Assets considered when income insufficient.
Section 25-7-6.7 - Allowable deductions from monthly gross income.
Section 25-7-6.9 - Income above the schedule--Child support adjusted to appropriate level.
Section 25-7-6.10 - Factors considered for deviation from schedule.
Section 25-7-6.11 - Periodic adjustments in support.
Section 25-7-6.12 - Review and amendment of schedule.
Section 25-7-6.13 - Modification of prior orders of support.
Section 25-7-6.14 - Abatement of portion of child support--Modification.
Section 25-7-6.15 - Allocation of travel costs by court.
Section 25-7-6.16 - Medical support--Insurance--Computation of costs--Apportionment between parents.
Section 25-7-6.17 - Large adjustment in support phased in.
Section 25-7-6.18 - Order allocating child care expenses.
Section 25-7-6.20 - Lien on payment or installment of support under an order of support--Notice.
Section 25-7-6.26 - Effect of failure to furnish financial information--Imputation of income.
Section 25-7-6.27 - Shared parenting child support cross credit.
Section 25-7-6.28 - Child residence with parent for a night--Residence for days.
Section 25-7-7.1 - Continuation of duty to support.
Section 25-7-7.2 - Expenses incurred on child's behalf--Fee schedule.
Section 25-7-7.3 - Previously ordered support payments not subject to modification--Exception.
Section 25-7-7.4 - Unpaid payment or installment of support as judgment.
Section 25-7-7.6 - Court may order payment of arrearages.
Section 25-7-7.7 - Termination of child support order upon disestablishment of paternity.
Section 25-7-8 - Stepparent's duty to support spouse's children.
Section 25-7-9 - Adult child supported by parent.
Section 25-7-10 - Liability of parent for necessaries supplied to child.
Section 25-7-12 - Allowances to parent out of child's property.
Section 25-7-14 - Reimbursement of county from deceased parent's estate for support provided child.
Section 25-7-15 - Desertion of child under ten as felony.
Section 25-7-16.1 - Cash bond for nonsupport applied to child support arrearages.
Section 25-7-17 - Abandonment or nonsupport of child by parent as prima facie evidence of intent.
Section 25-7-20.1 - Complaint for nonsupport signed by representative of department.
Section 25-7-25 - Cancellation of undertaking for support on demonstration of good faith.
Section 25-7-26.1 - Posting bond by obligor--Notice.
Section 25-7-27 - Adult child's duty to support parent when necessary--Notice required.
Section 25-7-30 - Proof of marriage and parentage.
Section 25-7-37 - Chronically delinquent defined.
Section 25-7-38 - Late fee for certain chronically delinquent child support payments.