How to collect unpaid child support in South Dakota

How unpaid support is collected, interest and license rules, and a free letter asking the agency to enforce.

Checked against official sources: Oct 25, 2026.

Short answer

Arrears means child support that is past due. The Department of Social Services or the parent owed support may collect interest on unpaid support at the Category D rate, 1% per month.

License suspension
DCS says driver's, professional, hunting and fishing licenses are restricted automatically when you owe $1,000 or more in arrears and that amount equals at least 3 months of support.
Passport denial
Over $2,500 past due (federal law)

What the agency can do in South Dakota

Arrears means support that is past due. The child support agency can use these tools to collect it:

  • Income withholding
  • Driver's, professional, hunting and fishing license restriction
  • Credit bureau reporting
  • IRS tax refund offset
  • Lottery offset
  • Passport denial
  • Referral to circuit court for nonpayment

Law: SDCL 25-7A-56, 25-7A-56.1

Ask the agency in writing to collect what is owed: Ask the agency to collect unpaid support

Licenses in South Dakota

DCS says driver's, professional, hunting and fishing licenses are restricted automatically when you owe $1,000 or more in arrears and that amount equals at least 3 months of support. By statute, professional, sporting and recreational licenses cannot be issued or renewed with arrears of $1,000 or more unless you make payment arrangements. The restriction is lifted once you sign a repayment agreement; you can ask for an administrative review.

Law: SDCL 25-7A-56

Source: DCS FAQ

Federal collection tools

  • Tax refunds. The federal government can take a federal tax refund to pay past-due child support. Law: 42 U.S.C. 664
  • Passports. A parent who owes more than $2,500 in past-due support can be refused a passport. Law: 42 U.S.C. 652(k)
  • Pay withholding limit. For support, up to 50% of take-home pay can be withheld if the parent supports another spouse or child, or 60% if not. It is 55% or 65% when support is more than 12 weeks behind. Law: 15 U.S.C. 1673(b)
  • Past-due support. Each unpaid payment becomes a judgment on the day it is due. It can't be lowered later, except back to the date the other parent got notice of a request to change the order. Law: 42 U.S.C. 666(a)(9)

Interest on unpaid support in South Dakota

The Department of Social Services or the parent owed support may collect interest on unpaid support at the Category D rate, 1% per month.

Law: SDCL 25-7A-14, 54-3-16

Court action in South Dakota

DCS can refer nonpayment to the circuit court; only the court can jail a parent for not paying.

In nearby states

Your next steps in South Dakota

  1. Track what was paid

    Keep a log of every payment and every missed payment.

  2. Ask the agency to enforce

    Contact South Dakota Department of Social Services, Division of Child Support (DCS) (605-773-3641) · Apply online

  3. Tell the agency about income

    Tell the agency where the other parent works or lives.

  4. Check the balance

    Ask whether interest is added and how much is owed in total.

  5. Get help

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

Free help in South Dakota

Questions about unpaid support in South Dakota

How is unpaid child support collected in South Dakota?

Arrears means support that is past due. The child support agency can use these tools to collect it: Income withholding; Driver's, professional, hunting and fishing license restriction; Credit bureau reporting; IRS tax refund offset; Lottery offset; Passport denial; Referral to circuit court for nonpayment.

Can a license be suspended for unpaid child support in South Dakota?

DCS says driver's, professional, hunting and fishing licenses are restricted automatically when you owe $1,000 or more in arrears and that amount equals at least 3 months of support. By statute, professional, sporting and recreational licenses cannot be issued or renewed with arrears of $1,000 or more unless you make payment arrangements. The restriction is lifted once you sign a repayment agreement; you can ask for an administrative review.

Can a parent go to jail for unpaid support in South Dakota?

DCS can refer nonpayment to the circuit court; only the court can jail a parent for not paying.

Does past-due support grow in South Dakota?

The Department of Social Services or the parent owed support may collect interest on unpaid support at the Category D rate, 1% per month.

Related South Dakota pages

Sources

Sources

Last checked: Oct 25, 2026.

Federal sources