25-7A-59. Withholding employee's compensation for dependent child's medical support--Required filing time--Limitation on amount--Penalty.
In any case where there is in effect an order for support requiring an obligor to provide medical support for a dependent child, the employer of the obligor, upon receiving a national medical support notice from any Title IV-D agency is required to complete the applicable sections and forward the notice to the persons or entities specified in the notice within twenty business days of the date of the notice. Upon receiving notice of successful enrollment, the employer shall withhold from the employee's compensation the employee's share of premiums, if any, for health coverage required for the medical support of the dependent child. Any employer withholding compensation from an employee for the purposes set forth in this section is required to pay, upon the premium due date, the employee's share of the premium to the insurer providing the health coverage for the dependent child. The total amount withheld for support and health insurance premiums may not exceed the amount specified in §25-7A-32, giving priority to the payment of current and past-due support.
Any employer who intentionally fails to comply with any duties imposed by this section commits a petty offense.
Source: SL 1994, ch 387, §17; SL 2002, ch 128, §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.