How to change child support in South Dakota

When a change is allowed, how to ask the agency or the court, and a free letter to ask for a review.

Checked against official sources: Oct 25, 2026.

Short answer

To modify an order means to change the amount by a new order. Within 3 years of the order, you must show a substantial change in circumstances (for example a change in income, day care costs ending, or a child graduating while younger children remain).

Agency review
Every 3 years if a parent asks (federal law)
First form
DSS Forms & Publications

When South Dakota allows a change

Within 3 years of the order, you must show a substantial change in circumstances (for example a change in income, day care costs ending, or a child graduating while younger children remain). After 3 years, the order can be modified without showing any change.

Law: SDCL 25-7A-22

Can I ask for a change? Check your situation

South Dakota's rule: Within 3 years of the order, you must show a substantial change in circumstances (for example a change in income, day care costs ending, or a child graduating while younger children remain). After 3 years, the order can be modified without showing any change.

Law: SDCL 25-7A-22

Until a new order is made, the current amount is still owed. A change can count only from the date the other parent gets notice of your request, so ask soon.

Law: 42 U.S.C. 666(a)(9)

How to ask in South Dakota: File a petition on the Department's forms; DCS can help start the process. A child support referee holds a hearing and recommends the amount, parties have 10 days to object, and the circuit court enters the order. Only the circuit court can change the amount.

How a change is made in South Dakota

File a petition on the Department's forms; DCS can help start the process. A child support referee holds a hearing and recommends the amount, parties have 10 days to object, and the circuit court enters the order. Only the circuit court can change the amount.

Write to the child support agency to ask for a review: Ask the agency to review (change) your order

Recent changes in South Dakota

2026 law changed referee hearing procedures, such as sending referee notices or reports by e-mail and deadlines for objections. The support schedule was last changed by a 2022 law.

Law: SL 2026, ch. 121; SDCL 25-7A-6.3, 25-7A-6.4

If a parent is in jail or prison

State guidelines may not treat time in jail or prison as choosing not to work, when support is set or changed.

Law: 45 CFR 302.56(c)(3)

In nearby states

What to do now in South Dakota

  1. Get the order

    Find the date and the amount on the order.

  2. Check the rule

    The rule in South Dakota: Within 3 years of the order, you must show a substantial change in circumstances (for example a change in income, day care costs ending, or a child graduating while younger children remain).

  3. Gather proof

    Papers that show the change make the request stronger.

  4. Ask the agency or the court

    Ask for a review with South Dakota Department of Social Services, Division of Child Support (DCS) (605-773-3641) · Apply online

  5. Get help

    Legal aid can help for free: Dakota Plains Legal Services.

Free help in South Dakota

Questions about changing support in South Dakota

What counts as a reason to change support in South Dakota?

Within 3 years of the order, you must show a substantial change in circumstances (for example a change in income, day care costs ending, or a child graduating while younger children remain). After 3 years, the order can be modified without showing any change.

How do I request a review in South Dakota?

File a petition on the Department's forms; DCS can help start the process. A child support referee holds a hearing and recommends the amount, parties have 10 days to object, and the circuit court enters the order. Only the circuit court can change the amount.

Related South Dakota pages

Sources

Sources

Last checked: Oct 25, 2026.

Federal sources