25-7A-2. Public assistance to dependent child deemed debt of person responsible for support--Establishment of amount of debt--Public assistance recipient does not incur debt.
Any payment of public assistance made to or for the benefit of any dependent child creates a debt due to the state, by the person or persons who are responsible for support of the children, in an amount equal to the amount of public assistance money paid. If there is a court order, administrative order, or final decree of divorce, the debt is limited to the amount of the order or decree including the full amount of all payments in arrears under the order or decree. The secretary of social services may, if the debt is not established by order, limit the debt to an amount consistent with the debtor's ability to pay, both as to amounts accrued and accruing during any period in which public assistance payments are made. The Department of Social Services may petition the appropriate court for modification of a court order on the same grounds as either party to the cause. A person receiving public assistance for the benefit of a dependent child does not incur a debt under this chapter for the period the person received assistance.
Source: SL 1982, ch 196, §2; SL 1986, ch 218, §2.
Structure South Dakota Codified Laws
Chapter 07A - Collection Of Child Support
Section 25-7A-1 - Definition of terms.
Section 25-7A-3 - Subrogation right of department.
Section 25-7A-4 - Statement required of certain parents.
Section 25-7A-5 - Notice of support debt--Service on parent--Contents of notice.
Section 25-7A-6.1 - Notice to department of parent's address and employment information.
Section 25-7A-7 - Secretary's application for support order--Court order--Service.
Section 25-7A-8 - Circuit court action to contest paternity or custody.
Section 25-7A-10.1 - Filing of action involving previous support order.
Section 25-7A-14 - Interest on support debt or judgment.
Section 25-7A-15 - Payor holding amount in excess of debt--Release of excess to obligor.
Section 25-7A-16 - Grounds for release of lien.
Section 25-7A-18 - Cooperation between public agencies.
Section 25-7A-19 - Department as administrator.
Section 25-7A-20 - Enforcement of spousal support obligation.
Section 25-7A-21 - Judgment for arrearage due obligee in absence of court order.
Section 25-7A-23 - Order for withholding of income or property--Written agreement in lieu of order.
Section 25-7A-26 - Petition to stay service of order for withholding--Grounds.
Section 25-7A-30 - Service of order for withholding.
Section 25-7A-31 - Order for withholding--Contents.
Section 25-7A-32 - Amount withheld for support and arrearage.
Section 25-7A-33 - Order for withholding not conclusive on issue of arrearage.
Section 25-7A-34 - Deduction and transmittal of income by payor.
Section 25-7A-35 - Compliance by payor where multiple orders for withholding or multiple obligors.
Section 25-7A-36 - Duty of payor where obligor terminated--Service of order upon new payor.
Section 25-7A-38 - Modification, suspension or termination of order for withholding.
Section 25-7A-39 - Notice to payor.
Section 25-7A-40 - Binding effect of order for withholding.
Section 25-7A-41 - Notice of change of address of obligee.
Section 25-7A-42 - Notice of new payor to department by obligee--Violation as misdemeanor.
Section 25-7A-43 - Notice of other support payments to department by obligee.
Section 25-7A-45 - Actions against payor by department.
Section 25-7A-46 - Intentional violation by payor as petty offense.
Section 25-7A-47 - Request to another state to withhold income of obligor.
Section 25-7A-48 - Order to withhold income of obligor upon request from another state.
Section 25-7A-49 - Law applicable to withholding of income derived within state.
Section 25-7A-50 - Notice to other state where obligor ceases to derive income within state.
Section 25-7A-51 - Workfare program--Circumstances where participation required.
Section 25-7A-52 - Supplemental nature of rights and duties--Prior assignments not invalid.
Section 25-7A-54 - Department exempt from filing fee.
Section 25-7A-55 - Previous orders legalized, cured, and validated.
Section 25-7A-56.1 - Revocation, suspension, or restriction of licenses of child support obligors.
Section 25-7A-56.2 - Recordation of social security number of child support obligors.
Section 25-7A-56.3 - Administrative authority of Title IV-D agency in paternity and support actions.
Section 25-7A-56.5 - Disclosures to Title IV-D agencies.
Section 25-7A-56.6 - Title IV-D agency records access.
Section 25-7A-56.7 - Filing requirements.
Section 25-7A-56.8 - Jurisdiction of authorized tribunals.
Section 25-7A-56.9 - Reporting requirements of child support obligor's financial institution.
Section 25-7A-56.10 - Withholding from reemployment assistance benefits.
Section 25-7A-56.11 - Title IV-D agency as payee.
Section 25-7A-57 - Award of attorney fees and costs in child support modification hearings.