South Dakota Codified Laws
Chapter 09C - Uniform Interstate Family Support Act (2008)
Section 25-9C-305 - Duties and powers of responding tribunal.

25-9C-305. Duties and powers of responding tribunal.
(a) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to subsection 25-9C-301(b), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.
(b) A responding tribunal of this state, to the extent not prohibited by other law, may do one or more of the following:
(1)Establish or enforce a support order, modify a child support order, determine the controlling child support order, or determine parentage of a child;
(2)Order an obligor to comply with a support order, specifying the amount and the manner of compliance;
(3)Order income withholding;
(4)Determine the amount of any arrearages, and specify a method of payment;
(5)Enforce orders by civil or criminal contempt, or both;
(6)Set aside property for satisfaction of the support order;
(7)Place liens and order execution on the obligor's property;
(8)Order an obligor to keep the tribunal informed of the obligor's current residential address, electronic-mail address, telephone number, employer, address of employment, and telephone number at the place of employment;
(9)Issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and state computer systems for criminal warrants;
(10)Order the obligor to seek appropriate employment by specified methods;
(11)Award reasonable attorney's fees and other fees and costs; and
(12)Grant any other available remedy.
(c) A responding tribunal of this state shall include in a support order issued pursuant to this chapter, or in the documents accompanying the order, the calculations on which the support order is based.
(d) A responding tribunal of this state may not condition the payment of a support order issued pursuant to this chapter upon compliance by a party with provisions for visitation.
(e) If a responding tribunal of this state issues an order pursuant to this chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.
(f) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.

Source: SL 2015, ch 148, ยง305.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 25 - Domestic Relations

Chapter 09C - Uniform Interstate Family Support Act (2008)

Section 25-9C-101 - Short title.

Section 25-9C-102 - Definitions.

Section 25-9C-103 - State tribunals and support enforcement agency.

Section 25-9C-104 - Remedies cumulative.

Section 25-9C-105 - Application to resident of foreign country and foreign support proceeding.

Section 25-9C-201 - Bases for jurisdiction over nonresident.

Section 25-9C-202 - Duration of personal jurisdiction.

Section 25-9C-203 - Initiating and responding tribunal of state.

Section 25-9C-204 - Simultaneous proceedings.

Section 25-9C-205 - Continuing, exclusive jurisdiction to modify child support order.

Section 25-9C-206 - Continuing jurisdiction to enforce child support order.

Section 25-9C-207 - Determination of controlling child support order.

Section 25-9C-208 - Child support order for two or more obligees.

Section 25-9C-209 - Credit for payments.

Section 25-9C-210 - Application to nonresident subject to personal jurisdiction.

Section 25-9C-211 - Continuing, exclusive jurisdiction to modify spousal support order.

Section 25-9C-301 - Proceedings under this chapter.

Section 25-9C-302 - Proceeding by minor parent.

Section 25-9C-303 - Application of law of state.

Section 25-9C-304 - Duties of initiating tribunal.

Section 25-9C-305 - Duties and powers of responding tribunal.

Section 25-9C-306 - Inappropriate tribunal.

Section 25-9C-307 - Duties of support enforcement agency.

Section 25-9C-308 - Duty of attorney general.

Section 25-9C-309 - Private counsel.

Section 25-9C-310 - Duties of state information agency.

Section 25-9C-311 - Pleading and accompanying documents.

Section 25-9C-312 - Nondisclosure of information in exceptional circumstances.

Section 25-9C-313 - Costs and fees.

Section 25-9C-314 - Limited immunity of petitioner.

Section 25-9C-315 - Nonparentage as defense.

Section 25-9C-316 - Special rules of evidence and procedure.

Section 25-9C-317 - Communications between tribunals.

Section 25-9C-318 - Assistance with discovery.

Section 25-9C-319 - Receipt and disbursement of payments.

Section 25-9C-401 - Establishment of support order.

Section 25-9C-402 - Proceeding to determine parentage.

Section 25-9C-501 - Employer's receipt of income withholding order of another state.

Section 25-9C-502 - Employer's compliance with income withholding order of another state.

Section 25-9C-503 - Employer's compliance with two or more income withholding orders.

Section 25-9C-504 - Immunity from civil liability.

Section 25-9C-505 - Penalties for noncompliance.

Section 25-9C-506 - Contest by obligor.

Section 25-9C-507 - Administrative enforcement of orders.

Section 25-9C-601 - Registration of order for enforcement.

Section 25-9C-602 - Procedure to register order for enforcement.

Section 25-9C-603 - Effect of registration for enforcement.

Section 25-9C-604 - Choice of law.

Section 25-9C-605 - Notice of registration of order.

Section 25-9C-606 - Procedure to contest validity or enforcement of registered support order.

Section 25-9C-607 - Contest of registration or enforcement.

Section 25-9C-608 - Confirmed order.

Section 25-9C-609 - Procedure to register child support order of another state for modification.

Section 25-9C-610 - Effect of registration for modification.

Section 25-9C-611 - Modification of child support order of another state.

Section 25-9C-612 - Recognition of order modified in another state.

Section 25-9C-613 - Jurisdiction to modify child support order of another state when individual parties reside in this state.

Section 25-9C-614 - Notice to issuing tribunal of modification.

Section 25-9C-615 - Jurisdiction to modify child support order of foreign country.

Section 25-9C-616 - Procedure to register child support order of foreign country for modification.

Section 25-9C-701 - Definitions.

Section 25-9C-702 - Applicability.

Section 25-9C-703 - Relationship of department to United States central authority.

Section 25-9C-704 - Initiation by department of support proceeding under Convention.

Section 25-9C-705 - Direct request.

Section 25-9C-706 - Registration of Convention support order.

Section 25-9C-707 - Contest of registered Convention support order.

Section 25-9C-708 - Recognition and enforcement of registered Convention support order.

Section 25-9C-709 - Partial enforcement.

Section 25-9C-710 - Foreign support agreement.

Section 25-9C-711 - Modification of Convention child support order.

Section 25-9C-712 - Personal information--Limit on use.

Section 25-9C-713 - Record in original language--English translation.

Section 25-9C-801 - Grounds for rendition.

Section 25-9C-802 - Conditions for rendition.

Section 25-9C-901 - Uniformity of application and construction.

Section 25-9C-902 - Transitional provision.

Section 25-9C-903 - Severability.