ARSD Article 67:18 — CHILD SUPPORT ENFORCEMENT

SOCIAL SERVICES SOCIAL SERVICES

Chapter 67:18:01 Child support enforcement program

ARSD 67:18:01:01 Definitions

Terms used in this article mean:

(1) "Act" Title IV-D of the Social Security Act;

(2) "Aid," or "assistance," the grant amount paid to a family under the TANF program, the foster care maintenance payment paid under Title IV-E of the Social Security Act, or the temporary assistance to needy families program;

(3) "Amount collected," the amount collected by DCS and retained as reimbursement of federal and state aid expenditures in the month in which the collection was made or for a previous month in which aid was paid or the amount collected and paid to a nonrecipient or a former recipient;

(4) "Applicant" and "recipient," a caretaker, the children, and any other individual whose financial needs are considered by the department in determining the amount of aid under SDCL chapter 28-7A;

(5) "Assignment," the transferring to and vesting in the department, by virtue of SDCL 28-7A-7 or by written instrument, all rights of support from any person payable, whether accrued, pending, or continuing, to or on behalf of an applicant for or recipient of aid, or on behalf of another family member for whom the applicant or recipient is applying for or receiving aid;

(6) "Assistance unit," an individual or a group of related recipients within a household whose needs are recognized in one assistance grant and whose support rights have been assigned to the department under SDCL 28-7A-7;

(7) "Department," the Department of Social Services of the state of South Dakota;

(8) "Family," the children of an obligee and an obligor and the obligee, legal guardian, or caretaker who has custody of or responsibility for the children for the purpose of distribution of support payments;

(9) "Federal parent locator service" or "FPLS," a service operated by the federal office of child support enforcement to locate noncustodial parents for purposes of support enforcement or to locate parents and children in parental kidnapping and child custody cases;

(10) "Incentive payment," a payment made to a political subdivision in connection with the enforcement and collection of support obligations;

(11) "Nonrecipient," a resident parent or legal guardian who has legal custody of a child or, in the absence of a custody order, a parent who has actual custody of a child not otherwise eligible for or receiving assistance from the department;

(12) "DCS," the Division of Child Support;

(13) "Power of attorney," an instrument authorizing the department to act on behalf of a nonrecipient to enforce and collect a support obligation, whether accrued, pending, or continuing, from another person;

(14) "State parent locator service" or "SPLS," the service established to identify and locate noncustodial parents;

(15) "State plan," the state plan for child support enforcement submitted by the Department under Title IV-D of the Social Security Act; and

(16) "Support obligation," a financial obligation of a person for child or spousal support, whether accrued, pending, or continuing, which is vested in the department by a recipient through an assignment or SDCL 28-7A-7 or is granted to the department by a nonrecipient through a power of attorney.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 177, effective July 8, 1982; 9 SDR 43, effective October 10, 1982; 13 SDR 34, effective September 29, 1986; 13 SDR 89, effective January 19, 1987; 15 SDR 197, effective June 25, 1989; 24 SDR 72, effective November 30, 1997; 41 SDR 108, effective January 6, 2015; 41 SDR 218, effective June 30, 2015.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 28-1-65, 28-1-66, 28-7A-3(9).

ARSD 67:18:01:02 Administration -- Income withholding services

DCS administers the state child support enforcement plan throughout the state. In addition, the department is the agency designated to issue income withholding orders in the state and is the designated agency for accepting and processing requests for income withholding services.

Cross-Reference: Income withholding, Pub. L. No. 104-193, § 314 (110 Stat. 2212) (August 22, 1996).

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 13 SDR 34, effective September 29, 1986; 24 SDR 72, effective November 30, 1997; 25 SDR 100, effective February 3, 1999; 41 SDR 108, effective January 6, 2015.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 25-7A-48, 28-1-65, 28-1-66, 28-7A-3(9).

ARSD 67:18:01:03 Repealed

Structure of OCSE.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:18:01:04 General authority of DCS

The general authority of DCS is as follows:

(1) If an assignment is effective for a child born out of wedlock, DCS shall establish the paternity of the child;

(2) If an assignment is effective for a child, whether born in or out of wedlock, DCS shall secure support for the child from any person who is legally liable for support;

(3) Upon application by an individual who is not otherwise eligible for aid, DCS shall provide child support collection, paternity determination services, SPLS, or FPLS;

(4) DCS shall maintain a state plan in conformity with the provisions of the Act;

(5) DCS shall accept and administer funds of another public agency or political subdivision which are transferred under agreement to carry out the provisions of this article; and

(6) If an assignment is effective for the parent caretaker of a child, DCS shall enforce spousal support for the caretaker if an obligation has been previously established.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 177, effective July 8, 1982; 9 SDR 43, effective October 10, 1982; 24 SDR 72, effective November 30, 1997; 41 SDR 108, effective January 6, 2015.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 28-1-65, 28-1-66, 28-7A-3(9).

ARSD 67:18:01:05 Specific authority of DCS

DCS may:

(1) Enter into cooperative agreements with any other state or local agency or official to perform functions under this article;

(2) Purchase services from any attorney, person, or private agency to perform functions under this article;

(3) Enter into written agreements for cooperative arrangements with courts, law enforcement agencies, or tribal councils, including any single official who has the legal authority to enter into cooperative agreements on behalf of courts, agencies, or tribal governments;

(4) Cooperate with any other state in establishing paternity, in locating a noncustodial parent who may be present in this state, or in securing compliance by a noncustodial parent who is present in this state with an order issued by a court of the other state; or

(5) Establish a SPLS and accept applications to utilize the federal parent locator service upon payment of a fee.

Cross-Reference: Nonrecipient application fee, § 67:18:01:20.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 24 SDR 72, effective November 30, 1997; 41 SDR 108, effective January 6, 2015.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 28-1-65, 28-1-66, 28-7A-3(9).

ARSD 67:18:01:06 Repealed

State succeeds to support obligations.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 13 SDR 89, effective January 19, 1987; 24 SDR 72, effective November 30, 1997; repealed, 35 SDR 49, effective October 1, 2008.

ARSD 67:18:01:07 Repealed

Discharge of the support obligation.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 177, effective July 8, 1982; 13 SDR 89, effective January 19, 1987; 24 SDR 72, effective November 30, 1997; 27 SDR 35, effective October 1, 2000; repealed, 35 SDR 49, effective October 1, 2008.

ARSD 67:18:01:08 Repealed

Amount of support obligation.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 43, effective October 10, 1982; 13 SDR 89, effective January 19, 1987; 24 SDR 72, effective November 30, 1997; repealed, 35 SDR 49, effective October 1, 2008.

ARSD 67:18:01:09 Repealed

Breach of written agreement.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 43, effective October 10, 1982; repealed, 13 SDR 89, effective January 19, 1987.

ARSD 67:18:01:10 Repealed

Conversion of written agreement.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 43, effective October 10, 1982; repealed, 13 SDR 89, effective January 19, 1987.

ARSD 67:18:01:11 Repealed

Determining support obligation on default of absent parent.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 43, effective October 10, 1982; 13 SDR 34, effective September 29, 1986; repealed, 16 SDR 119, effective January 23, 1990.

ARSD 67:18:01:12 Repealed

Establishing a judgment for arrearages.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 43, effective October 10, 1982; 13 SDR 34, effective September 29, 1986; repealed, 16 SDR 119, effective January 23, 1990.

ARSD 67:18:01:12.01 Repealed

Determination of minimum support obligation.** Repealed.

History

• Source: 9 SDR 43, effective October 10, 1982; repealed, 13 SDR 34, effective September 29, 1986.

ARSD 67:18:01:13 Repealed

Department decision considered final.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 43, effective October 10, 1982; repealed, 16 SDR 119, effective January 23, 1990.

ARSD 67:18:01:14 Repealed

Termination of assignment.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 43, effective October 10, 1982; 24 SDR 72, effective November 30, 1997; repealed, 27 SDR 35, effective October 1, 2000.

ARSD 67:18:01:15 Assignment remains in effect for support furnished by department

An assignment after September 30, 1997, is limited to the support obligation due for the months the family receives assistance. An assignment remains in effect until the unpaid support obligation is fully satisfied or the department is fully reimbursed for the cumulative amount of assistance paid to the family.

Cross-References:

No assistance for families not assigning certain support rights, Pub. L. No. 104-193, § 408(a)(3)(B), 110 Stat. 2135.

No assistance for families not assigning certain support rights, 42 U.S.C. 608(a)(3).

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 24 SDR 72, effective November 30, 1997; 27 SDR 35, effective October 1, 2000; 35 SDR 49, effective October 1, 2008; 41 SDR 108, effective January 6, 2015.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 28-1-65, 28-7A-3(9).

ARSD 67:18:01:16 Repealed

Assignment remains in effect for future collections.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 177, effective July 8, 1982; repealed, 13 SDR 89, effective January 19, 1987.

ARSD 67:18:01:17 Continued services when individual no longer receives assistance -- Notice

When an individual no longer receives Temporary Assistance to Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), or Medicaid, the department shall notify the individual of the opportunity to continue receiving enforcement services. The notice shall inform the individual of the benefits and consequences of continuing to receive services, including the available services and the fees that may be imposed, and the cost recovery and distribution policies of the department. The department shall continue to provide enforcement services unless the individual notifies the department that continued services are not desired.

Cross-References:

General authority of DCS, § 67:18:01:04.

Distribution of amounts collected from sources other than federal income tax offset, § 67:18:01:25.

Distribution of amounts collected for foster care maintenance, § 67:18:01:25.01.

Distribution of IRS federal income tax refund offsets, § 67:18:01:25.02.

Distribution of IRS federal income tax refund offsets in foster care maintenance cases, § 67:18:01:25.03.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 177, effective July 8, 1982; 9 SDR 87, effective January 4, 1983; 13 SDR 89, effective January 19, 1987; 15 SDR 197, effective June 25, 1989; 24 SDR 72, effective November 30, 1997; 27 SDR 35, effective October 1, 2000; 41 SDR 108, effective January 6, 2015; 44 SDR 94, effective December 4, 2017.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 28-1-65, 28-7A-3(9).

ARSD 67:18:01:17.01 Provisions for charging fees for continued services for former recipients

The department does not require an application or charge an application fee for continued support enforcement services as long as the former recipient continues to receive the enforcement services. The department considers a former recipient to be a nonrecipient and subject to the fees established in § 67:18:01:20 if the former recipient declines the department's offer for continued services and then makes a subsequent request for services or if the continued services were terminated for any of the reasons specified in § 67:18:01:19 and then makes a subsequent request for services.

Cross-Reference: Nonrecipient application fees, § 67:18:01:20.

History

• Source: 13 SDR 89, effective January 19, 1987; 15 SDR 197, effective June 25, 1989; 24 SDR 72, effective November 30, 1997.
• General Authority: SDCL 28-1-66, 28-7A-3(9).
• Law Implemented: SDCL 28-1-65, 28-1-66, 28-7A-3(9).

ARSD 67:18:01:17.02 Availability of enforcement services for individual not receiving assistance -- Power of attorney

The department may provide enforcement services on behalf of an individual who is not receiving assistance. The department shall inform the individual in writing of the individual's rights and responsibilities, the services available, the application fee for the services, the conditions under which the power of attorney may terminate, and the conditions for submittal of arrearages for offset of federal tax refunds. If the individual wishes to take advantage of these services, the individual must pay the application fee and sign a power of attorney authorizing the department to act on the individual's behalf.

History

• Source: 13 SDR 89, effective January 19, 1987; 24 SDR 72, effective November 30, 1997.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 28-1-66, 28-7A-3(9).

ARSD 67:18:01:17.03 Enforcement services for families eligible for Medicaid

Thedepartment shall provide enforcement services to low-income families eligible for Medicaid under the provisions of article 67:16 without requiring an application or payment of an application fee.

Cross-References:

Continuation of child support enforcement services to families no longer receiving ADC, Pub.L. No. 100-203, § 9141 (101 Stat. 1330).

State obligation to provide child support enforcement services, Pub. L. No. 104-193, § 301(a)(4), 110 Stat. 2199.

State plan for child and spousal support, 42 U.S.C. § 654(4)(A)(i).

Services to individuals, 45 C.F.R. § 302.33(a).

History

• Source: 15 SDR 197, effective June 25, 1989; 20 SDR 19, effective August 17, 1993; 24 SDR 72, effective November 30, 1997; 27 SDR 35, effective October 1, 2000.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 28-1-66, 28-7A-3(9).

ARSD 67:18:01:18 Repealed

Cost for continued collection.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; repealed, 4 SDR 84, effective June 11, 1978.

ARSD 67:18:01:19 Termination of services -- Case closure

The department may close a case and terminate services, including any orders for withholding income, 60 days after sending a written notice to the recipient of services at any of these times:

(1) There is no longer a current support order and arrearages are under $500 or unenforceable under state law;

(2) There is no longer a current support order and all arrearages in the case are assigned to the State;

(3) There is no longer a current support order, the children have reached the age of majority, the noncustodial parent is entering or has entered long-term care arrangements, and t the noncustodial parent has no income or assets available above the subsistence level that could be levied or attached for support;

(4) The noncustodial parent or alleged father of the child is deceased and no further action, including a levy against the estate, can be taken;

(5) The noncustodial parent is living with the minor child as the primary caretaker or in an intact two parent household, and the IV-D agency has determined that services are not appropriate or are no longer appropriate;

(6) Paternity cannot be established because the child is at least 18 years old and further action to establish paternity is barred by the statute of limitations;

(7) Paternity cannot be established because a genetic test, a court, or an administrative process has excluded the alleged father and no other alleged father can be identified;

(8) Paternity cannot be established because it would not be in the best interests of the child to establish paternity in a case involving incest, rape, or pending adoption proceedings;

(9) Paternity cannot be established because the identity of the biological father is unknown and cannot be identified after diligent efforts, including at least one interview with the recipient of services;

(10) The noncustodial parent's location is unknown and the department has made diligent efforts, using multiple sources, all of which have been unsuccessful, to locate the noncustodial parent over a two-year period when there is sufficient information to initiate an automated locate effort, or over a six-month period when there is not sufficient information to initiate an automated locate effort, or after a one-year period when there is sufficient information to initiate an automated locate effort, but locate interfaces are unable to verify a Social Security number;

(11) The department has determined that throughout the duration of the child's minority or after the child has reached the age of majority, the noncustodial parent cannot pay support and shows no evidence of support potential because the parent has been institutionalized in a psychiatric facility, is incarcerated, or has a medically verified total and permanent disability. Before the notice is sent, the department must determine that the noncustodial parernt has no income or assets available above the subsistance level that could be levied or attached for support;

(12) The noncustodial parent's sole income is from Supplemental Security Income (SSI) payments or both concurrent SSI payments and Social Security Disability Insurance (SSDI) benefits;

(13) The noncustodial parent is a citizen of, and lives in, a foreign country, does not work for the Federal government or a company with headquarters or offices in the United States, and has no reachable domestic income or assets, and there is no Federal or State treaty or reciprocity with the country;

(14) The department has been unable to contact the recipient of services despite a good faith effort to contact the recipient through at least two different methods;

(15) The department has documented evidence that the recipient has not cooperated and because action by the recipient is essential for the next enforcement step; and

(16) The department has documented a failure by the initiating agency to take an action that is essential for the next step in providing services.

The department may not close any case requiring 60 days notice if the recipient or initiating agency contacts the department in response to the notice within the 60 days and provides information which could lead to the establishment or enforcement of a support order.

The department shall immediately close a case and terminate services, including any orders for withholding of income, at any of these times:

(a) Immediately after the department provides only locator services as requested by the recipient, attorney, or guardian of the child;

(b) Immediately at the request of the recipient if there is no assignment of medical support or of arrearages due to the department;

(c) Immediately after the department finds good cause for the recipient's failure to cooperate and determines that the establishment of support or support enforcement may cause risk or harm to the child or the caretaker relative; or

(d) Immediately at the request of the initiating agency if notified that the initiating agency has closed its case or has notified the responding agency that its intergovernmental services are no longer needed.

Cross-References:

Good cause, §§ 67:10:01:27 to 67:10:01:34, inclusive.

Parental duty to support child, SDCL 25-5-18.1.

Case closure criteria, 45 C.F.R. § 303.11.

Location of noncustodial parents, 45 C.F.R. § 303.3.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 177, effective July 8, 1982; 13 SDR 89, effective January 19, 1987; 15 SDR 197, effective June 25, 1989; 17 SDR 51, effective October 7, 1990; 24 SDR 72, effective November 30, 1997; 27 SDR 35, effective October 1, 2000; 41 SDR 108, effective January 6, 2015; 44 SDR 94, effective December 4, 2017.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 28-1-65, 28-1-66, 28-7A-3(9).

ARSD 67:18:01:19.01 Request to reopen closed case

A former recipient or nonrecipient may request that the department reopen a case closed under the provisions of § 67:18:01:19. The department shall reopen the case if the appropriate application fee is paid and if changed circumstances could lead to the establishment of paternity, establishment of a support order, or the enforcement of a support order.

Cross-References: Provisions for charging fees, § 67:18:01:17.01; Nonrecipient applicant fees, § 67:18:01:20.

History

• Source: 17 SDR 51, effective October 7, 1990; 24 SDR 72, effective November 30, 1997.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 28-1-66, 28-7A-3(9).

ARSD 67:18:01:20 Nonrecipient application fees

Upon execution of a power of attorney the following application fees shall be collected from a nonrecipient who applies for the following services:

(1) For child and spousal enforcement support services, $5;

(2) For locator services in child custody or parental kidnapping cases, $50; if no social security account number is furnished, $54;

(3) For parent locator services only, $20; and

(4) For income withholding services only, $25.

The fee is the noncustodial parent's obligation and shall be refunded to the nonrecipient when it is collected from the noncustodial parent.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 177, effective July 8, 1982; 9 SDR 87, effective January 4, 1983; 13 SDR 34, effective September 29, 1986; 24 SDR 72, effective November 30, 1997; 41 SDR 108, effective January 6, 2015.
• General Authority: SDCL 28-1-66, 28-7A-3(9).
• Law Implemented: SDCL 28-1-66, 28-7A-3(9).

ARSD 67:18:01:20.01 Department subject to annual fee

Pursuant to Pub. L. 115-123, as amended to July 1, 2019, the department is subject to an annual fee when the amount of child support collected on behalf of and distributed to an individual who has never received temporary assistance to needy families meets the fee imposing requirements in 42 U.S.C. 654(6)(B)(ii), as amended to July 1, 2019. The fee may not be recovered from the individual.

The federal government considers this fee to be income to the program and is not considered an administrative cost.

History

• Source: 33 SDR 226, effective July 1, 2007; 46 SDR 50, effective October 10, 2019.
• General Authority: SDCL 28-1-66.
• Law Implemented: SDCL 28-1-65.

ARSD 67:18:01:21 Repealed

Nonrecipient collection fees.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 177, effective July 8, 1982; 9 SDR 87, effective January 4, 1983; repealed, 13 SDR 89, effective January 19, 1987.

ARSD 67:18:01:22 Requests for use of federal parent locator service

The department shall accept requests for use of the federal parent locator service from the following:

(1) A resident parent, legal guardian, attorney, or agent of a nonrecipient child, if the application fee in subdivision 67:18:01:20(1) or 67:18:01:20(3) is paid in advance;

(2) A state or political subdivision seeking to collect child support obligations;

(3) A court which has the authority to issue an order against a noncustodial parent for the support of a child or an agency or official of that court;

(4) A court, or its agent, which has jurisdiction for making or enforcing a determination of child custody, if the application fee in subdivision 67:18:01:20(2) is paid in advance;

(5) An agent or attorney of this state who has the authority to enforce a child custody determination, if the application fee in subdivision 67:18:01:20(2) is paid in advance; or

(6) An agent or attorney of the United States or any state who has the authority to investigate, enforce, or prosecute an action for the unlawful taking or restraint of a child, if the application fee in subdivision 67:18:01:20(2) is paid in advance.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 177, effective July 8, 1982; 13 SDR 89, effective January 19, 1987; 24 SDR 72, effective November 30, 1997; 41 SDR 108, effective January 6, 2015.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 28-1-65, 28-1-66, 28-7A-3(9).

ARSD 67:18:01:23 Repealed

Distribution of collections to nonrecipients.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 177, effective July 8, 1982; 9 SDR 87, effective January 4, 1983; 13 SDR 89, effective January 19, 1987; 21 SDR 18, effective July 19, 1994; 24 SDR 72, effective November 30, 1997; repealed, 27 SDR 35, effective October 1, 2000.

ARSD 67:18:01:24 Repealed

Payment to caretaker.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, repealed effective July 11, 1978; 13 SDR 89, reenacted January 19, 1987; repealed, 23 SDR 83, effective November 24, 1996.

ARSD 67:18:01:25 Distribution of amounts collected from sources other than federal income tax offset

A support collection received from a source other than a federal income tax offset shall be distributed as follows:

(1) For a family currently receiving assistance, the department shall retain the amount of unpaid support obligation accrued under an assignment or the amount necessary to reimburse the department for the cumulative amount of unreimbursed assistance paid to the family, whichever is less. The department shall distribute any remaining amount to the family;

(2) For a family that no longer receives assistance and has an assignment effective after September 30, 1997, distribution shall be made in the following order:

(a) The department shall distribute to the family the amount collected which represents the current month's required support obligation;

(b) The department shall distribute to the family any remaining amount to satisfy arrearages that accumulated during the months the family did not receive assistance;

(c) The department shall retain any remaining amount as reimbursement of arrearages accrued under the assignment up to the cumulative amount of unreimbursed assistance paid to the family; and

(d) The department shall distribute any remaining amount to the family; and

(3) For a family that has never received assistance, the department shall distribute the collection to the family.

Cross-References:

Distribution of support collected, Pub. L. No. 104-193, § 302, 110 Stat. 2200.

Distribution of collected support, 42 U.S.C. § 657.

Collection and disbursement of support payments, 45 C.F.R. § 302.32.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 13 SDR 89, effective January 19, 1987; 23 SDR 83, effective November 24, 1996; 24 SDR 72, effective November 30, 1997; 27 SDR 35, effective October 1, 2000; 35 SDR 49, effective October 1, 2008.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 25-7A-44, 28-7A-3(9).

ARSD 67:18:01:25.01 Distribution of amounts collected for foster care maintenance

If the department collects child support on behalf of a child for whom the department is making a Title IV-E foster care maintenance payment, the department shall retain the amount collected until the unpaid support obligation is fully paid or the department is fully reimbursed for any assistance paid, whichever is less. If the amount collected is more than the amount required to be retained, the department shall pay the excess to the Title IV-E office to be used for the child's benefit.

History

• Source: 13 SDR 89, effective January 19, 1987; 24 SDR 72, effective November 30, 1997.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 25-7A-44, 28-7A-3(9), 28-7A-7.

ARSD 67:18:01:25.02 Distribution of IRS federal income tax refund offsets

A support collection received by the department as a result of a federal income tax refund offset shall be distributed as follows:

(1) For a family currently receiving assistance, the department shall retain up to the amount of unpaid support obligation accrued under an assignment or the amount necessary to reimburse the department for the cumulative amount of unreimbursed assistance paid to the family, whichever is less. Any remaining amount shall be paid to the family;

(2) For a family that no longer receives assistance, the department shall retain amounts which represent unpaid support that accrued under an assignment up to the amount necessary to reimburse the department for the cumulative amount of unreimbursed assistance paid to the family. Any amount remaining shall be paid to the family; and

(3) For a family that has never received assistance, the department shall distribute the collection to the family.

If the amount collected through the tax refund offset is based on a joint return, the department may delay distribution of the collection to the applicant or recipient until notified that the unobligated spouse's share of the refund has been paid or up to six months from the date the offset was paid to the department, whichever is earlier.

If the amount collected through the tax refund offset exceeds the amount of the unpaid support obligation, the department shall refund the excess to the noncustodial parent or to the parties filing a joint return within 45 days after it is collected.

Cross References:

Distribution of support collected, Pub. L. No. 104-193, § 302, 110 Stat.2200.

Distribution of collected support, 42 U.S.C. § 657.

Collection of past-due support from federal tax refunds, 42 U.S.C. § 664.

Request for collection of past-due support by federal tax refund offset -- Distribution of collections, 45 C.F.R. § 303.72(h).

History

• Source: 13 SDR 89, effective January 19, 1987; 24 SDR 72, effective November 30, 1997; 27 SDR 35, effective October 1, 2000; 35 SDR 49, effective October 1, 2008; 41 SDR 108, effective January 6, 2015.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 25-7A-44, 28-1-65, 28-1-66, 28-7A-3(9).

ARSD 67:18:01:25.03 Distribution of IRS federal income tax refund offsets in foster care maintenance cases

The department shall distribute collections received as a result of IRS federal income tax refund offsets to satisfy past-due support in foster care maintenance cases according to § 67:18:01:25.01.

If the amount collected through the tax refund offset exceeds the amount of past-due support, the department shall pay the excess to the noncustodial parent or to the parties filing a joint return within 45 days after it is collected.

If amounts are collected from the tax refund offset of the parent's federal income tax refund and the refund is based on a joint return, the department may delay distribution of the collection to the applicant or recipient until notified that the unobligated spouse's share of the refund has been paid or up to six months from the offset, whichever is earlier.

History

• Source: 13 SDR 89, effective January 19, 1987; 24 SDR 72, effective November 30, 1997; 35 SDR 49, effective October 1, 2008; 41 SDR 108, effective January 6, 2015.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 25-7A-44, 28-7A-3(9).

ARSD 67:18:01:26 Repealed

Number of caretaker bonuses.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; repealed, 4 SDR 84, effective June 11, 1978.

ARSD 67:18:01:27 Repealed

Caretaker bonus unauthorized.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; repealed, 4 SDR 84, effective June 11, 1978.

ARSD 67:18:01:28 Date of collection designated

The date of collection is the date the department receives the collection.

Cross Reference: Date of collection of support, Pub. L. No. 105-33, § 5549, 111 Stat. 633, August 5, 1997.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 13 SDR 89, effective January 19, 1987; 15 SDR 197, effective June 25, 1989; 24 SDR 72, effective November 30, 1997; 25 SDR 100, effective February 3, 1999.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 28-1-65, 28-1-66, 28-7A-3(9).

ARSD 67:18:01:29 Repealed

Collections in excess of support obligation.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 43, effective October 10, 1982; repealed, 13 SDR 89, effective January 19, 1987.

ARSD 67:18:01:30 DCS report to Division of Economic Assistance

After the end of each month, DCS shall report to the Division of Economic Assistance the amount collected on a noncustodial parent's required child or spousal support obligation for that month so the recipient's eligibility for assistance may be redetermined.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 87, effective January 4, 1983; 13 SDR 89, effective January 19, 1987; 24 SDR 72, effective November 30, 1997; 41 SDR 108, effective January 6, 2015.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 28-1-65, 28-7A-3(9).

ARSD 67:18:01:31 Repealed

Disposal of continued collection.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:18:01:32 Repealed

Collections in the absence of established support obligation.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 43, effective October 10, 1982; 24 SDR 72, effective November 30, 1997; repealed, 35 SDR 49, effective October 1, 2008.

ARSD 67:18:01:33 Prepayment of future support obligations

Any collections of required support obligations which have been specifically designated by the noncustodial parent as support obligations for future months shall be applied to those future months as long as all amounts due and payable for the current month and all past months have been fully satisfied.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 24 SDR 72, effective November 30, 1997; 41 SDR 108, effective January 6, 2015.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 28-1-65, 28-1-66, 28-7A-3(9).

ARSD 67:18:01:34 Incentive payments

The department may not pay any incentive payments in connection with the enforcement and collection of support obligations.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 13 SDR 89, effective January 19, 1986; 24 SDR 72, effective November 30, 1997.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 28-1-65, 28-1-66, 28-7A-3(9).

ARSD 67:18:01:35 Repealed

Source of incentive payment.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:18:01:36 Repealed

Amount of incentive payment.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 77, effective May 21, 1978; 5 SDR 48, effective December 19, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 13 SDR 89, effective January 19, 1986.

ARSD 67:18:01:37 Repealed

Reestablishment of incentive payment.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; repealed, 4 SDR 77, effective May 21, 1978.

ARSD 67:18:01:38 Intergovernmental collections

Within two business days after collection, the department shall pay the appropriate agency in another state the entire amount collected on behalf of the other state, a political subdivision of the other state, or an individual living in the other state. The payment shall include a statement which indicates the date the payment was received in South Dakota.

History

• Source: 2 SDR 31, effective October 30, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 13 SDR 89, effective January 19, 1987; 15 SDR 197, effective June 25, 1989; 24 SDR 72, effective November 30, 1997; 41 SDR 108, effective January 6, 2015.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 25-7A-44, 28-1-65, 28-1-66, 28-7A-3(9).

ARSD 67:18:01:39 Repealed

Use of identifying code.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:18:01:40 Repealed

Interstate incentive payments received.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:18:01:41 Repealed

Time within which incentive payment payable.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 177, effective July 8, 1982; repealed, 13 SDR 89, effective January 19, 1987.

ARSD 67:18:01:42 Repealed

Multiple incentive payments payable.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 13 SDR 89, effective January 19, 1987.

ARSD 67:18:01:43 Repealed

No intrastate incentive payment payable.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:18:01:44 Cooperative agreements

Cooperative agreements may include provisions which relate to items such as the following:

(1) Safeguarding information furnished;

(2) Restricting the use of any information disclosed to purposes directly related to their official duties;

(3) Maintaining records and audit documents in the form and containing the information the department may require;

(4) Forwarding any collections to the department no later than ten days after the date of receipt; and

(5) Conformity to any federal or state laws enacted and regulations promulgated in connection with the child support enforcement program.

History

• Source: 2 SDR 31, effective October 30, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 24 SDR 72, effective November 30, 1997.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 28-1-65, 28-1-66, 28-7A-3(9).

ARSD 67:18:01:45 Repealed

Intrastate incentive payments payable.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; repealed, 4 SDR 84, effective June 11, 1978.

ARSD 67:18:01:46 Repealed

Reimbursement to federal government.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 177, effective July 8, 1982.

ARSD 67:18:01:47 Enforcement of support obligations

The department shall identify, within 30 days after the obligation was due, those individuals who have failed to comply with and pay any support obligation and shall contact those delinquent individuals as soon as possible to enforce the support obligation.

History

• Source: 2 SDR 31, effective October 30, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 24 SDR 72, effective November 30, 1997.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 28-1-65, 28-1-66, 28-7A-3(9).

ARSD 67:18:01:48 Repealed

Priority on current obligation.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 24 SDR 72, effective November 30, 1997; repealed, 41 SDR 108, effective January 6, 2015.

ARSD 67:18:01:49 Methods of enforcement of support obligation

The department may use methods such as the following to enforce delinquent support obligations:

(1) Issuing delinquency notices;

(2) Making a personal contact;

(3) Instituting contempt proceedings in a court within this state;

(4) Instituting other legal procedures authorized under the laws of the state, including the attachment of or the imposition of liens on real or personal property;

(5) Instituting proceedings in the courts of the United States;

(6) Certifying delinquent obligations to the United States Treasury for collection;

(7) Offsetting past-due support obligations against federal tax refunds;

(8) Withholding unemployment compensation from the noncustodial parent through offset, agreement, or legal process;

(9) Establishing and enforcing provisions requiring the noncustodial parent to provide insurance coverage for the noncustodial parent's children; or

(10) Notifying the federal government of delinquent support obligations for denial, revocation, or limitation of passports.

Cross-References:

Pub. L. No. 97-35, §§ 2331 and 2335.

Denial of passports, Pub. L. No. 104-193, § 370 (110 Stat. 2251) (August 22, 1996).

Denial of passports, Pub. L. 109-171, § 7303, 42 U.S.C. § 652(k)(1).

History

• Source: 2 SDR 31, effective October 30, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 43, effective October 10, 1982; 13 SDR 34, effective September 29, 1986; 24 SDR 72, effective November 30, 1997; 35 SDR 49, effective October 1, 2008; 41 SDR 108, effective January 6, 2015.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 25-7A-56.10, 28-1-65, 28-1-66, 28-7A-3(9), 28-20-1.

ARSD 67:18:01:49.01 Guidelines for imposition of liens

The filing of a lien by the department for overdue support obligations on the real or personal property of a noncustodial parent in this state is not required in the following instances:

(1) A judgment has been entered and filed;

(2) The property is exempt from execution;

(3) The overdue support obligation is being enforced by withholding of income or another remedy;

(4) The overdue support obligation is being paid under the terms of a court or administrative order;

(5) The noncustodial parent has no property on which a lien may be attached; or

(6) The noncustodial parent has posted a bond or other security.

Cross-Reference: Liens, Pub. L. No. 104-193, § 368 (110 Stat. 2251) (August 22, 1996).

History

• Source: 13 SDR 34, effective September 29, 1986; 24 SDR 72, effective November 30, 1997; 41 SDR 108, effective January 6, 2015.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 25-7-6.20, 28-1-65, 28-1-66, 28-7A-3(9), 28-20-1.

ARSD 67:18:01:49.02 Guidelines for posting of bond or other security

The posting of a bond or security to secure the payment of overdue support obligations of a noncustodial parent is not required in the following instances:

(1) The amount of the overdue support obligation is less than $1,000;

(2) The noncustodial parent is unemployed or unemployable;

(3) The noncustodial parent has no assets subject to execution;

(4) The overdue support obligation is being paid according to the terms of a court or administrative order;

(5) The overdue support obligation is being enforced by withholding of income or by another remedy; or

(6) A judgment or lien has been filed.

If posting of a bond is not possible, other forms of security or guarantee may be used, such as an escrow account, impoundment of assets, cash bond, letter of credit, promissory note, cosigner, trust, receivership, blocked bank account, or life or disability insurance.

When a bond or other security is required, the department shall give the noncustodial parent 10 days written notice. A noncustodial parent wishing to contest this requirement must request an administrative hearing within this 10-day period. Hearings shall be conducted according to chapter 67:17:02.

History

• Source: 13 SDR 34, effective September 29, 1986; 24 SDR 72, effective November 30, 1997; 41 SDR 108, effective January 6, 2015.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 25-7-26.1, 28-1-65, 28-1-66, 28-7A-3(9).

ARSD 67:18:01:49.03 Furnishing information to consumer reporting agencies

The department shall furnish overdue child support information to consumer reporting agencies or credit bureaus. The department shall give the noncustodial parent written notice before information is released. The notice advising the noncustodial parent that the past-due support may be reported to the credit bureau may be included as part of the preoffset notice of the federal tax refund offset program or may be mailed to the noncustodial parent as a separate form of notice. A noncustodial parent who wishes to contest the accuracy of the information to be released must request an administrative review before the date specified in the notice. If the department receives the request within the time specified in the notice, the noncustodial parent has 15 calendar days to submit written documentation for review by the department. The 15-day period starts with the date the department receives the request for the administrative review. Based on the review of the documentation submitted, the department shall enter a decision establishing the amount of past due support that may be furnished to a consumer reporting agency or credit bureau. The noncustodial parent may appeal the review decision by submitting a written request for a fair hearing within ten days after receiving a copy of the review decision.

History

• Source: 13 SDR 34, effective September 29, 1986; 15 SDR 100, effective January 12, 1989; 17 SDR 51, effective October 7, 1990; 24 SDR 72, effective November 30, 1997; 41 SDR 108, effective January 6, 2015.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 28-1-65, 28-1-66, 28-1-69, 28-7A-3(9).

ARSD 67:18:01:50 Notice of failure to cooperate

When an applicant or recipient fails to cooperate with DCS, DCS shall promptly notify the Division of Economic Assistance for appropriate action by that office.

Cross-Reference: Good cause, §§ 67:10:01:27 to 67:10:01:34, inclusive.

History

• Source: 2 SDR 31, effective October 30, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 24 SDR 72, effective November 30, 1997; 41 SDR 108, effective January 6, 2015.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 28-1-65, 28-7A-3(9), 28-7A-6.

ARSD 67:18:01:51 Failure to cooperate

Failure of the applicant or recipient to cooperate means any one of the following:

(1) A refusal, upon request, to furnish all applicable verbal or written information available to, or later acquired by, the applicant or recipient in connection with the applicant or recipient, the applicant's or recipient's child who has yet to reach the age of majority, or any person liable for the support of the child. Information includes items such as the following:

(a) Identification of the noncustodial parent or other persons liable for support of the minor child;

(b) Disclosure of the current whereabouts of the noncustodial parent or other persons;

(c) Information which establishes the extent of the support obligation whether accrued, pending, or continuing; and

(d) Identification of other sources of information, such as relatives and employers of the noncustodial parent, who may have knowledge of facts relevant to establishing paternity, locating the noncustodial parent, or establishing or enforcing the support obligation;

(2) Failure to appear at a DCS office or at another location designated by DCS to provide information, testimony, or evidence for the purpose of legal proceedings;

(3) Failure to forward or turn over moneys due or owing the department pursuant to a previously executed and signed assignment;

(4) Failure to provide a current mailing address;

(5) Failure to comply with the rules of the department after having been advised of the rules; and

(6) Failure to submit to genetic testing as required by DCS or a court of competent jurisdiction.

Cross-References: Parental duty to support child -- Age of majority, SDCL 25-5-18.1; Cooperation by applicants for and recipients of assistance, Pub. L. No. 104-193, § 333 (110 Stat. 2230) (August 22, 1996).

History

• Source: 2 SDR 31, effective October 30, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; subdivision (2) transferred from § 67:18:01:52, 17 SDR 51, effective October 7, 1990; 17 SDR 116, effective February 12, 1991; 24 SDR 72, effective November 30, 1997; 41 SDR 108, effective January 6, 2015.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 25-7A-56.3, 28-1-65, 28-1-66, 28-7A-3(9).

ARSD 67:18:01:52 Transferred

Transferred to § 67:18:01:51.**

ARSD 67:18:01:53 Repealed

Appearance by office representatives.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:18:01:54 Repealed

Deposit of collections.** Repealed.

History

• Source: 2 SDR 31, effective October 30, 1975; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:18:01:55 Notice of claim of good cause

Upon receiving notice from the Division of Economic Assistance that an applicant or recipient has claimed good cause for not cooperating, DCS shall suspend child support enforcement activities until further notified by the Division of Economic Assistance of a final determination of the claim of good cause.

History

• Source: 5 SDR 48, effective December 19, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 24 SDR 72, effective November 30, 1997; 41 SDR 108, effective January 6, 2015.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 28-1-65, 28-7A-3(9).

ARSD 67:18:01:56 Effect of determination of good cause

DCS may not undertake to establish paternity or secure child support in any case in which the Division of Economic Assistance has determined that an applicant or recipient has good cause for refusing to cooperate, unless the Division of Economic Assistance further determines that child support enforcement activities may proceed without the participation or cooperation of the caretaker.

History

• Source: 5 SDR 48, effective December 19, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 24 SDR 72, effective November 30, 1997; 41 SDR 108, effective January 6, 2015; 41 SDR 218, effective June 30, 2015.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 28-1-65, 28-7A-3(9).

ARSD 67:18:01:57 Repealed

Time limit for service of order for income withholding.** Repealed.

History

• Source: 13 SDR 89, effective January 19, 1987; 14 SDR 97, effective January 17, 1988; 17 SDR 51, effective October 7, 1990; repealed, 24 SDR 72, effective November 30, 1997.

ARSD 67:18:01:58 Repealed

Service of order for income withholding after payment of arrearages.** Repealed.

History

• Source: 13 SDR 89, effective January 19, 1987; 14 SDR 97, effective January 17, 1988; 20 SDR 19, effective August 17, 1993; repealed, 24 SDR 72, effective November 30, 1997.

ARSD 67:18:01:58.01 Administrative review of withholding action

Administrative** review of withholding action. An individual contesting a withholding order under the provisions of SDCL 25-7A-26 has ten days after petitioning the department to provide documentation to the department which substantiates the petition.

If the petition meets the requirements of SDCL 25-7A-26 and the supporting documentation is received on time, the department shall conduct an administrative review of the proposed withholding action. The department may modify, suspend, or terminate the order for withholding as provided under SDCL 25-7A-38.

The department shall deny a petition if the petition does not meet the requirements of SDCL 25-7A-26 or if the supporting documentation is not received on time.

History

• Source: 14 SDR 97, effective January 17, 1988; 24 SDR 72, effective November 30, 1997.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 28-1-65, 28-1-66, 28-7A-3(9).

ARSD 67:18:01:58.02 Right to fair hearing following review of petition to stay withholding

The decision entered as a result of the administrative review under § 67:18:01:58.01 may be appealed through the department's fair hearing process. The noncustodial parent must request the fair hearing within 10 days after the review decision is entered. An order for withholding may not be stayed pending the fair hearing.

History

• Source: 14 SDR 97, effective January 17, 1988; 24 SDR 72, effective November 30, 1997; 41 SDR 108, effective January 6, 2015.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 1-26-16, 28-7A-3(9).

ARSD 67:18:01:58.03 Administrative review -- Lottery setoff

If an individual submits a timely request to the department for an administrative review of a lottery setoff, the individual has 10 calendar days from the date the request is submitted to provide documentation to the department that supports the individual's position. Based on the review, the department shall enter a written decision as to whether the lottery setoff was appropriate. The department shall send a copy of the written decision to the individual together with an explanation of the individual's right to and procedures for requesting a fair hearing. The individual must request a fair hearing within 10 calendar days after receiving a copy of the department's written decision.

Cross References: Lottery setoff program established -- Computerized file of persons owing state, SDCL 42-7A-51; Apportionment of prize among agencies -- Priority of child support payments, SDCL 42-7A-54.

History

• Source: 28 SDR 112, effective February 20, 2002.
• General Authority: SDCL 28-7A-3(7), 42-7A-52.
• Law Implemented: SDCL 28-7A-3(7), 42-7A-52.

ARSD 67:18:01:59 Allocation of obligation to each child

For record keeping purposes, the department shall allocate a proportionate share of the required support obligation of a noncustodial parent to each child in accordance with the order for support.

Cross-Reference: Notice of collection of assigned support, § 67:18:01:60.

History

• Source: 13 SDR 89, effective January 19, 1987; 24 SDR 72, effective November 30, 1997; 41 SDR 108, effective January 6, 2015.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 25-7A-44, 28-1-65, 28-1-66, 28-7A-3(9).

ARSD 67:18:01:60 Notice of collection of assigned support

Each month the department shall send a written report to recipients informing them of the amount of support collected from the noncustodial parent or parents and the amount the department paid to the family during the preceding calendar month.

Each month the department shall send a written report to former recipients entitled to continued enforcement services under §§ 67:18:01:17 and 67:18:01:17.01 informing them of collections made on arrearages due the department.

History

• Source: 13 SDR 89, effective January 19, 1987; 24 SDR 72, effective November 30, 1997; 41 SDR 108, effective January 6, 2015.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 28-1-65, 28-1-66, 28-7A-3(9).

ARSD 67:18:01:61 Notice to noncustodial parent before restricting issuance of license, registration, certification, or permit

The department shall send a written notice to an individual who has child support arrearages of $1,000 or more. The notice shall inform the individual that because of the arrearages, the issuance or renewal of the individual's driver's, professional, sporting, or recreational license, registration, certification, or permit is subject to restriction. The department shall mail the notice by first class mail to the individual's last known address and shall notify the appropriate department or agency.

When the individual has a written, signed agreement with the department for the payment of accumulated arrearages, the department shall notify the appropriate department or agency that it may issue or renew the license, registration, certification, or permit. If the individual fails to comply with the repayment agreement, the department may either restrict the individual's ability to obtain or renew a driver's, professional, sporting, or recreational license, registration, certification, or permit; or seek revocation of the license, registration, certification, or permit.

History

• Source: 20 SDR 28, effective August 31, 1993; 28 SDR 112, effective February 20, 2002; 41 SDR 108, effective January 6, 2015.
• General Authority: SDCL 25-7A-56, 32-12-116.
• Law Implemented: SDCL 25-7A-56, 25-7A-56.1, 32-12-116.

ARSD 67:18:01:62 Administrative review and fair hearing before restricting issuance of license, registration, certification, or permit

Following receipt of the notice referred to in § 67:18:01:61, an individual may contest the accuracy of the amount of child support arrearages or other information contained in the notice by requesting an administrative review within 15 calendar days of the date of the notice. If the department receives the request within the time specified, the individual has 10 calendar days to submit written documentation for review by the department. Based on the review, the department shall enter a decision and a determination whether the department shall recommend that the issuance or renewal of the individual's driver's, professional, sporting, or recreational license, registration, certification, or permit be restricted. The individual may appeal the review decision by submitting a written request for a fair hearing within 10 calendar days after receiving a copy of the review decision.

Cross-Reference: Fair hearings, ch 67:17:02.

History

• Source: 20 SDR 28, effective August 31, 1993; 28 SDR 112, effective February 20, 2002.
• General Authority: SDCL 25-7A-56, 32-12-116.
• Law Implemented: SDCL 25-7A-56, 32-12-116.

ARSD 67:18:01:63 Payment of costs for obtaining affidavit of paternity

The department shall reimburse a hospital, physician, health care provider, midwife, or nurse the sum of $20 for all costs associated with obtaining an affidavit of paternity and submitting the affidavit to the Department of Health.

To obtain reimbursement, the hospital, physician, health care provider, midwife, or nurse must complete a reimbursement request form which is available from the department and send the reimbursement request form together with the affidavit of paternity to the Department of Health.

History

• Source: 20 SDR 218, effective July 1, 1994; 24 SDR 72, effective November 30, 1997.
• General Authority: SDCL 25-8-53, 28-7A-3(9).
• Law Implemented: SDCL 25-8-53, 28-1-65, 28-1-66, 28-7A-3(9).

ARSD 67:18:01:64 Repealed

New-hire reporting.** Repealed.

History

• Source: 24 SDR 72, effective November 30, 1997; repealed, 35 SDR 49, effective October 1, 2008.

ARSD 67:18:01:65 Certain distributions limited to parent, legal guardian, or caretaker

When distributing collections to a family under this chapter, distribution is limited to the resident parent, legal guardian, caretaker relative having custody of or responsibility for the child or children, judicially-appointed conservator with a legal and fiduciary duty to the custodial parent and the child, or alternate caretaker designated in a record by the custodial parent on whose behalf the collection was made. An alternate caretaker is a nonrelative caretaker who is designated in a record by the custodial parent to take care of the children for a temporary time period.

Cross-Reference: Payments to the family, 45 C.F.R. § 302.38.

History

• Source: 28 SDR 112, effective February 20, 2002; 41 SDR 108, effective January 6, 2015; 41 SDR 218, effective June 30, 2015; 44 SDR 94, effective December 4, 2017.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 25-7A-3.2, 28-1-65.

ARSD 67:18:01:66 Repealed

Interest on unpaid support obligation or arrearage.** Repealed.

History

• Source: 28 SDR 112, effective February 20, 2002; suspended, 29 SDR 5, 29 SDR 9, effective July 1, 2002; repealed, 29 SDR 34, effective September 18, 2002.

ARSD 67:18:01:67 State directory of new hires -- Reporting requirements

67: 18:01 : 67. State directory of new hires -- Reporting requirements. Every employer within the state shall furnish to the state directory of new hires a report of any newly hired employee. The report must include the name, address, date of hire, and social security number of the employee, as well as the employer's name, address, and identification number as assigned by the Internal Revenue Service. The report shall be submitted as specified in SDCL 25-7A-3.3.

History

• Source: 38 SDR 123, effective January 23, 2012.
• General Authority: SDCL 28-7A-3(9).
• Law Implemented: SDCL 25-7A-3.3