PETITION FOR MODIFICATION OF CHILD SUPPORT
(South Dakota)
[// GUIDANCE: Drafted as a pleading suitable for filing in a South Dakota Circuit Court. Customize bracketed items before use.]
TABLE OF CONTENTS
- Document Header (Caption & Recitals)
- Definitions
- Operative Provisions
3.1 Jurisdiction & Venue
3.2 Substantial Change in Circumstances
3.3 Proposed Child Support Calculation
3.4 Health-Care & Insurance Provisions
3.5 Wage Withholding & Enforcement - Representations & Warranties / Averments
- Covenants & Continuing Obligations
- Default & Remedies
- Risk Allocation (Liability Cap)
- Dispute Resolution & Governing Law
- General Provisions
- Verification, Signature, Notarization & Certificate of Service
1. DOCUMENT HEADER
1.1 Caption
STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT
) SS: __ JUDICIAL CIRCUIT
COUNTY OF [COUNTY] ) FAMILY LAW DIVISION
In re the (Marriage / Parentage) of
[PETITIONER’S FULL LEGAL NAME],
Petitioner,
and
[RESPONDENT’S FULL LEGAL NAME],
Respondent. Case No. ____
PETITION FOR MODIFICATION OF CHILD SUPPORT
1.2 Recitals
A. An original child-support order (“Existing Order”) was entered on [DATE] by this Court.
B. Since entry of the Existing Order, circumstances material to the determination of child support have changed substantially and continuously.
C. Petitioner now seeks modification in accordance with the South Dakota Child Support Guidelines and controlling family-law statutes.
Effective Date Requested: The first day of the month following service of this Petition, or such other date as the Court deems equitable.
2. DEFINITIONS
(Alphabetical; used throughout this Petition)
“Adjusted Gross Income” – Each party’s gross income minus allowable deductions under the Guidelines.
“Child(ren)” – [NAME(S) & DATE(S) OF BIRTH].
“Existing Order” – The child-support order dated [DATE], docket no. [NUMBER].
“Guidelines” – The South Dakota Child Support Guidelines currently in effect.
“Substantial Change” – A change meeting the statutory threshold for modification (e.g., 20 % / $50 differential or three-year review eligibility).
3. OPERATIVE PROVISIONS
3.1 Jurisdiction & Venue
a. The Child(ren) have resided in [COUNTY], South Dakota, for the six (6) months immediately preceding filing.
b. Both parties are subject to the personal jurisdiction of this Court. Venue is proper under state family-law venue rules.
3.2 Substantial Change in Circumstances
Petitioner alleges the following material changes since the Existing Order:
1. Income Alteration – Petitioner’s income decreased from $[PREVIOUS] to $[CURRENT]; Respondent’s income increased from $[PREVIOUS] to $[CURRENT].
2. Health-Care Costs – Monthly premiums for the Child(ren) increased from $[PREVIOUS] to $[CURRENT].
3. Parenting Time – The parties’ parenting schedule changed from [OLD SCHEDULE] to [NEW SCHEDULE], affecting the support calculation.
[// GUIDANCE: Insert any additional statutory bases such as emancipation of a child, disability, new dependents, or three-year review request.]
3.3 Proposed Child Support Calculation
Using current income documentation attached as Exhibit A and the Guidelines worksheet attached as Exhibit B, the presumptive monthly obligation is $[AMOUNT].
• Petitioner requests the Court enter an Order setting Respondent’s basic support at $[AMOUNT] per month.
• Any deviation factors under the Guidelines are (not) applicable.
[// GUIDANCE: Provide worksheet and pay documentation to satisfy calculation disclosure requirements.]
3.4 Health-Care & Insurance Provisions
- Health Insurance: Respondent shall maintain comprehensive health, medical, dental, and vision coverage for the Child(ren) when available at reasonable cost.
- Uninsured Expenses: Parties shall share unreimbursed medical costs pro rata in proportion to their respective incomes (currently Petitioner — [XX]% / Respondent — [YY]%).
3.5 Wage Withholding & Enforcement
- Immediate Income Withholding: Petitioner requests issuance of an Immediate Income Withholding Order directing [RESPONDENT’S EMPLOYER] to withhold ordered support plus any arrearage.
- Automatic Adjustment: Withholding shall automatically adjust upon any future modification of support.
- Enforcement: Should Respondent become delinquent, statutory remedies—including but not limited to contempt, credit-bureau reporting, license suspension, and tax-refund intercept—shall apply without further notice.
4. REPRESENTATIONS & WARRANTIES / AVERMENTS
Petitioner, under oath, states:
a. All financial disclosures attached are true, complete, and correct to the best of Petitioner’s knowledge.
b. No prior petition regarding the same relief is pending except as disclosed.
c. This Petition is filed in good faith and not for delay.
5. COVENANTS & CONTINUING OBLIGATIONS
a. Petitioner shall supplement financial information within thirty (30) days of any material change.
b. Parties shall exchange annual income documentation (e.g., W-2, 1099, tax returns) by April 30 of each year.
c. Each party shall notify the Clerk of Court and the other party in writing within five (5) days of any change in address, employment, or health-insurance coverage.
6. DEFAULT & REMEDIES
a. If Respondent fails to comply with any resulting Order, Petitioner may move for:
i. Contempt sanctions including coercive incarceration;
ii. Entry of judgment for arrears with interest;
iii. Interception of state and federal tax refunds;
iv. Additional attorney’s fees and costs.
b. Cure Period: Statutory notice periods shall apply prior to execution of certain remedies unless immediate action is authorized by law.
7. RISK ALLOCATION (Liability Cap)
Consistent with the Guidelines, each party’s maximum financial exposure is limited to the income-percentage calculations ordered by the Court. No indemnification provisions apply.
8. DISPUTE RESOLUTION & GOVERNING LAW
a. Governing Law: South Dakota family-law statutes and the Guidelines.
b. Forum Selection: Exclusive jurisdiction in the South Dakota Circuit Court, [COUNTY], Family Law Division.
c. Arbitration: Not available for child-support matters.
d. Jury Trial: Waived/non-applicable under family-court procedure.
e. Injunctive Relief: Wage withholding and other statutory enforcement remedies are expressly preserved.
9. GENERAL PROVISIONS
a. Amendment: This Petition may be amended once as a matter of right before responsive pleadings are filed and thereafter only by leave of Court.
b. Severability: If any part of the resulting Order is invalid, the remainder shall continue in full force.
c. Integration: All prior oral or written understandings regarding support are superseded by the Order entered on this Petition.
d. Electronic Signatures: Permitted to the fullest extent allowed by South Dakota’s Uniform Electronic Transactions Act.
10. VERIFICATION, SIGNATURE, NOTARIZATION & CERTIFICATE OF SERVICE
10.1 Verification
I, [PETITIONER NAME], verify under penalty of perjury under the laws of the State of South Dakota that the foregoing statements are true and correct.
[PETITIONER NAME]
Date: _______
10.2 Notarization
State of South Dakota )
County of ____ ) ss.
Subscribed and sworn to before me this ___ day of ____, 20__.
Notary Public
My Commission Expires: ____
10.3 Attorney Signature Block
Submitted by:
[ATTORNEY NAME], Esq.
[LAW FIRM NAME]
[BAR NUMBER]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Petitioner
10.4 Certificate of Service
I certify that on ____, 20__, a true and correct copy of this Petition (with all exhibits) was served upon Respondent at [ADDRESS FOR SERVICE] via [METHOD].
[ATTORNEY / PETITIONER]
[// GUIDANCE:
1. Attach Exhibits A (Financial Affidavit), B (Guidelines Worksheet), and any other supporting documents.
2. Review local rules for mandatory parenting-class certificates or mediation prerequisites.
3. Confirm filing fees, summons issuance, and service requirements before filing.
4. Update dollar figures, percentages, and statutory references to current Guidelines at the time of drafting.
]