S.D. 5th Jud. Cir. Policy on Child Support Enforcement Actions

STATE OF SOUTH DAKOTA

FIFTH JUDICIAL CIRCUIT

PRESIDING JUDGE

Jack R. Von Wald

CIRCUIT JUDGES

Larry H. Lovrien

Jon S. Flemmer

Scott P. Myren

MAGISTRATE JUDGE

Tony L. Portra

JACK R. VON WALD

Presiding Circuit Court Judge

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Sara Van De Walle

Official Court Reporter

101 SE 1wAvenue

P. 0. Box 1087

Aberdeen, SD 57402- 1087

Phone: 605-626-2450

Fax: 605-626-249 1

Email: 5thcircuitrSiuis.state.sd.us

POLICY ON CHILD SUPPORT ENFORCEMENT ACTIONS

An order for support is defined as any order for the support and maintenance of a child which provides

for monetary support, health care, arrearages or reimbursement, and which may include costs and fees, interest

and penalties, income withholding, attorney's fees and other relief.

According to SDCL 25-7-7.4:

Any payment or installment of support under an order for support, as defined by

s25-7A-1 (above), whether entered by a court or an administrative entity of this state or

of any other state or jurisdiction, which is unpaid after the date it is due, is a judgment by

operation of law, with the full force, effect and attributes of a judgment of this state,

including enforceability, and is entitled, as a judgment, to full faith and credit in this

state.

Therefore, it is redundant to allow a parent to bring a small claims action for support to obtain a

judgment against the obligor. Per SDCL 25-7-7.5, the proper method is to complete a sworn statement or

certificate showing the amount of unpaid support due under the order. The clerk of courts shall file and docket

the statement or certificate with the order for support or transcript thereof, as evidence of the amount of the

judgment for support, as provided in chapter 15-1 6. The judgment shall be effective from the date and time of

docketing the statement or certificate in the office of the clerk of courts.

Dated this 2oth day of June, 2006.

&e 11- ~eaQ. Von Wald, Presiding Judge