Changes to Existing Law

26.583.9 26.583.10 101st Legislative Session 1045 2026 South Dakota Legislature House Bill 1045 HOUSE JUDICIARY ENGROSSED Introduced by: The Chair of the Committee on Judiciary at the request of the Department of Social Services Underscores indicate new language. Overstrikes indicate deleted language. An Act to revise certain provisions related to child support. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 25-7-6.4 be AMENDED: 3 25-7-6.4. Except as provided in § 25-7-6.26, it It is presumed for the purposes of 4 determination of determining child support that a parent is capable of being employed a 5 minimum of one thousand eight hundred twenty hours per year, and the parent's child 6 support obligation must be calculated at a rate and earning an annual gross income of not 7 less than one thousand eight hundred twenty hours at multiplied by the current state 8 minimum wage. 9 Section 2. That § 25-7-6.13 be AMENDED: 10 25-7-6.13. All orders for support entered and in effect prior to July 1, 2022 2026, 11 may be modified in accordance with this chapter, without requiring a showing of a change 12 in circumstances from the entry of the order. If a parent incarcerated for more than one 13 hundred eighty days is released from incarceration, the child support obligation in effect 14 at the time of release must continue in effect until either parent files a petition for 15 modification. 16 Section 3. That § 25-7-6.19 be AMENDED: 17 25-7-6.19. Notwithstanding the provisions of § 25-7A-17 or 25-7-7.3, if, by 18 agreement of the parties, or by court order, the obligor had primary physical custody of 19 the child for more than four consecutive months, the court may credit the obligor for child 20 support arrearages which that accumulated during the period the obligor had actual 21 physical custody of the child. 22 Section 4. That § 25-7-6.26 be AMENDED: 23 26.583.9 26.583.10 2 1045 Underscores indicate new language. Overstrikes indicate deleted language. 25-7-6.26. If a parent in a child support establishment or modification proceeding 1 fails to furnish income or other financial information, the parent is in default. Income not 2 actually earned by a parent may be imputed to the parent pursuant to this section. Except 3 in cases of physical or mental disability or incarceration for one hundred eighty days or 4 more, it is presumed for the purpose of determining child support in an establishment or 5 modification proceeding that a parent is capable of being employed a minimum of one 6 thousand eight hundred twenty hours per year at the state minimum wage, absent 7 evidence to the contrary. Evidence to rebut this presumption may be presented by either 8 parent. 9 Income may be imputed to a parent when the parent is unemployed, 10 underemployed, fails to produce sufficient proof of income, has an unknown employment 11 status, or is a full-time or part-time student, whose education or retraining will result, 12 within a reasonable time, in an economic benefit to the child for whom the support 13 obligation is determined, unless the actual income is greater. 14 In all cases where imputed income is appropriate, the amount imputed must be 15 based upon the following: 16 (1) The parent’s residence; 17 (2) The parent’s recent work and earnings history; 18 (3) The parent’s occupational, educational, and professional qualifications; 19 (4) Existing job opportunities and associated earning levels in the community or 20 the local trade area; 21 (5) The parent’s age, literacy, health, criminal record, record of seeking work, and 22 other employment barriers; 23 (6) The availability of employers willing to hire the parent; and 24 (7) Other relevant background factors. 25 Income is not imputed to a parent who is physically or mentally disabled to the 26 extent that the parent cannot earn income; who is incarcerated for more than one hundred 27 eighty days; who has made diligent efforts to find and accept suitable work or to return 28 to customary self-employment, to no avail; or when the court makes a finding that other 29 circumstances exist that make the imputation inequitable, in which case the imputed 30 income may only be decreased to the extent required to remove such inequity. 31 Imputed income may be in addition to actual income and is not required to reflect 32 the same rate of pay as actual income.A court may impute a parent's income for purposes 33 of child support if: 34 (1) The parent does not produce sufficient proof of income; 35 26.583.9 26.583.10 3 1045 Underscores indicate new language. Overstrikes indicate deleted language. (2) The parent's employment status is unknown; 1 (3) The parent is underemployed; or 2 (4) The parent is unemployed. 3 The income amount imputed may not be less than the current state minimum wage 4 multiplied by one thousand eight hundred twenty hours. 5 To determine the amount of income to impute to the parent, the court may consider 6 any factor relevant to the parent's ability to earn income, including the parent's age, 7 criminal record, education, experience, health, occupational skills, the employment 8 opportunities in the geographical area where the parent resides. 9 The amount of income imputed may be based on the parent's past income data, 10 data on wage rates for various occupations and locations published by the United States 11 Bureau of Labor Statistics or any other federal or state government agency, or job 12 advertisements. 13 No income may be imputed to a parent who has been sentenced to serve a term 14 of incarceration or confinement of more than one hundred eighty days, or to a parent who 15 is physically or mentally disabled to the extent that the parent cannot earn income. 16 Section 5. That § 25-7A-6 be AMENDED: 17 25-7A-6. If a parent served with a notice of support debt under § 25-7A-5 makes 18 a timely request for a hearing, the secretary of social services shall must file the notice of 19 support debt, proof of service thereof, and response thereto in the office of the clerk of 20 the circuit court in the county of residence of that parent. The matter shall must be set 21 for hearing before a referee who is a member in good standing of the State Bar Association 22 and is appointed by the court, pursuant to statute, and after due notice to all parties by 23 first class mail. 24 The referee shall make a report to the court, recommending the amount of the 25 debt due to the state, if any, and the monthly support obligation of the parent and the 26 arrearage debt due to the obligee or another state who has applied for support 27 enforcement services, the provision of medical support, or genetic testing costs. If genetic 28 testing showing a ninety-nine percent or higher likelihood of paternity, or a voluntary 29 acknowledgment of paternity, is presented as evidence during the hearing, the referee 30 must make a finding of adjudication of paternity and include the finding in the report to 31 the court. 32 The referee shall file the report with the court and cause copies thereof to be served 33 by mailing to the parties and the secretary. Any party shall have ten days from the date 34 26.583.9 26.583.10 4 1045 Underscores indicate new language. Overstrikes indicate deleted language. of service of the report in which to file objections to the report. If a party files an objection, 1 the other party shall have has an additional five days from the date of service of the 2 objections to file additional objections. If no objection is filed, the circuit court may 3 thereafter, and without further notice, enter its order. If any objection is filed, the circuit 4 court shall must fix a date for hearing on the report, with the hearing to be solely on the 5 record established before the referee. The circuit court may thereafter adopt the referee's 6 report, or may modify it, or may reject and remand it with instructions or for further 7 hearing. The secretary shall serve the parent the court's order by certified mail, return 8 receipt requested, at the parent's last known address, and shall file proof of service. 9 If the circuit court's order modifies the referee's report and no hearing was held 10 before the court before entry of its order, any party has ten days from the date of service 11 of the order in which to file an objection to that modification. If an objection is filed, the 12 circuit court shall must fix a date for hearing on the objection and after the hearing shall 13 must enter its order. The secretary shall serve the order by certified mail, return receipt 14 requested, at the parent's last known address, and shall file proof of service. 15 Section 6. That § 25-7A-21.1 be AMENDED: 16 25-7A-21.1. In any order establishment case, the custodian is limited not entitled 17 to a prior-period support obligation or arrearage not exceeding three years before either 18 the date of application with any Title IV-D agency, the date of filing with a court of 19 competent jurisdiction, or the date of a written demand served personally or by registered 20 or certified mail, return receipt requested, upon the noncustodial parent at the 21 noncustodial parent's last known address, whichever occurs earlier. 22 Section 7. That a NEW SECTION be added to chapter 25-7A: 23 16 If a party agrees, the referee may send copies of any notice or report required to 24 17 be served on the party under § 25-7A-6 or 25-7A-22 by electronic mail, using the email 25 18 address provided by the party. 26 19 Section 8. 7. That a NEW SECTION be added to chapter 25-7A: 27 20 If a party files an objection to the referee's report pursuant to § 25-7A-6 or 25-7A-28 25-7A-21 22, the referee must file with the court all exhibits entered into the record in the hearing 29 22 before the referee and all financial and legal documents received by the referee. The 30 23 referee shall file the exhibits and documents within ten days after receiving notice of the 31 26.583.9 5 1045 Underscores indicate new language. Overstrikes indicate deleted language. 24 objection. The referee shall maintain the exhibits and documents for thirty days following 1 25 a signed order. 2 Section 9. That § 25-8-5 be AMENDED: 3 25-8-5. The custodian may recover support for a period of three years before after 4 the date of application with any Title IV-D agency, the date of filing with a court of 5 competent jurisdiction, or the date of a written demand served personally or by registered 6 or certified mail, return receipt requested, upon the noncustodial parent at the 7 noncustodial parent's last known address, whichever occurs earlier. 8 26

26.583.10 26.583.11 101st Legislative Session 1045 2026 South Dakota Legislature House Bill 1045 HOUSE JUDICIARY ENGROSSED Introduced by: The Chair of the Committee on Judiciary at the request of the Department of Social Services Underscores indicate new language. Overstrikes indicate deleted language. An Act to revise certain provisions related to child support. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 25-7-6.4 be AMENDED: 3 25-7-6.4. Except as provided in § 25-7-6.26, it It is presumed for the purposes of 4 determination of determining child support that a parent is capable of being employed a 5 minimum of one thousand eight hundred twenty hours per year, and the parent's child 6 support obligation must be calculated at a rate and earning an annual gross income of not 7 less than one thousand eight hundred twenty hours at multiplied by the current state 8 minimum wage. 9 Section 2. That § 25-7-6.10 be AMENDED: 10 25-7-6.10. Deviation from the schedule in § 25-7-6.2 must be considered if raised 11 by either party and made only upon the entry of specific findings based upon any of the 12 following factors: 13 (1) The income of a subsequent spouse or contribution of a third party to the income 14 or expenses of that parent but only if the application of the schedule works a 15 financial hardship on either parent; 16 (2) Any financial condition of either parent that would make application of the schedule 17 inequitable. If the total amount of the child support obligation, including any 18 adjustments for health insurance and child care costs, exceeds fifty percent of the 19 obligor's monthly net income, it is presumed that the amount of the obligation 20 imposes a financial hardship on the obligor. This presumption may be rebutted 21 based upon other factors set forth in this section; 22 (3) Any necessary education or health care special needs of the child; 23 (4) The effect of agreements between the parents regarding extra forms of support for 24 the direct benefit of the child; 25 26.583.11 2 1045 Underscores indicate new language. Overstrikes indicate deleted language. (5) The obligation of either parent to provide for subsequent natural children, adopted 1 children, or stepchildren. However, an existing support order may not be modified 2 solely for this reason; or 3 (6) The voluntary and unreasonable act of a parent that causes the parent to be 4 unemployed or underemployed, consistent with the provisions of § 25-7-6.26; or 5 (7) The federal income consequences arising from claiming the child as a dependent. 6 Section 3. That § 25-7-6.13 be AMENDED: 10 7 25-7-6.13. All orders for support entered and in effect prior to July 1, 2022 2026, 11 8 may be modified in accordance with this chapter, without requiring a showing of a change 12 9 in circumstances from the entry of the order. If a parent incarcerated for more than one 13 10 hundred eighty days is released from incarceration, the child support obligation in effect 14 11 at the time of release must continue in effect until either parent files a petition for 15 12 modification. 16 13 Section 3. 4. That § 25-7-6.19 be AMENDED: 17 14 25-7-6.19. Notwithstanding the provisions of § 25-7A-17 or 25-7-7.3, if, by 18 15 agreement of the parties, or by court order, the obligor had primary physical custody of 19 16 the child for more than four consecutive months, the court may credit the obligor for child 20 17 support arrearages which that accumulated during the period the obligor had actual 21 18 physical custody of the child. 22 19 Section 4. 5. That § 25-7-6.26 be AMENDED: 23 26.583.10 2 1045 Underscores indicate new language. Overstrikes indicate deleted language. 20 25-7-6.26. If a parent in a child support establishment or modification proceeding 1 21 fails to furnish income or other financial information, the parent is in default. Income not 2 22 actually earned by a parent may be imputed to the parent pursuant to this section. Except 3 23 in cases of physical or mental disability or incarceration for one hundred eighty days or 4 24 more, it is presumed for the purpose of determining child support in an establishment or 5 25 modification proceeding that a parent is capable of being employed a minimum of one 6 26 thousand eight hundred twenty hours per year at the state minimum wage, absent 7 27 evidence to the contrary. Evidence to rebut this presumption may be presented by either 8 28 parent. 9 29 Income may be imputed to a parent when the parent is unemployed, 10 30 underemployed, fails to produce sufficient proof of income, has an unknown employment 11 31 26.583.11 3 1045 Underscores indicate new language. Overstrikes indicate deleted language. status, or is a full-time or part-time student, whose education or retraining will result, 12 1 within a reasonable time, in an economic benefit to the child for whom the support 13 2 obligation is determined, unless the actual income is greater. 14 3 In all cases where imputed income is appropriate, the amount imputed must be 15 4 based upon the following: 16 5 (1) The parent’s residence; 17 6 (2) The parent’s recent work and earnings history; 18 7 (3) The parent’s occupational, educational, and professional qualifications; 19 8 (4) Existing job opportunities and associated earning levels in the community or 20 9 the local trade area; 21 10 (5) The parent’s age, literacy, health, criminal record, record of seeking work, and 22 11 other employment barriers; 23 12 (6) The availability of employers willing to hire the parent; and 24 13 (7) Other relevant background factors. 25 14 Income is not imputed to a parent who is physically or mentally disabled to the 26 15 extent that the parent cannot earn income; who is incarcerated for more than one hundred 27 16 eighty days; who has made diligent efforts to find and accept suitable work or to return 28 17 to customary self-employment, to no avail; or when the court makes a finding that other 29 18 circumstances exist that make the imputation inequitable, in which case the imputed 30 19 income may only be decreased to the extent required to remove such inequity. 31 20 Imputed income may be in addition to actual income and is not required to reflect 32 21 the same rate of pay as actual income.A court may impute a parent's income for purposes 33 22 of child support if: 34 23 (1) The parent does not produce sufficient proof of income; 35 26.583.10 3 1045 Underscores indicate new language. Overstrikes indicate deleted language. 24 (2) The parent's employment status is unknown; 1 25 (3) The parent is underemployed; or 2 26 (4) The parent is unemployed. 3 27 The income amount imputed may not be less than the current state minimum wage 4 28 multiplied by one thousand eight hundred twenty hours. 5 29 To determine the amount of income to impute to the parent, the court may consider 6 30 any factor relevant to the parent's ability to earn income, including the parent's age, 7 31 criminal record, education, experience, health, occupational skills, the employment 8 32 opportunities in the geographical area where the parent resides. 9 33 The amount of income imputed may be based on the parent's past income data, 10 34 data on wage rates for various occupations and locations published by the United States 11 35 26.583.11 4 1045 Underscores indicate new language. Overstrikes indicate deleted language. Bureau of Labor Statistics or any other federal or state government agency, or job 12 1 advertisements. 13 2 No income may be imputed to a parent who has been sentenced to serve a term 14 3 of incarceration or confinement of more than one hundred eighty days, or to a parent who 15 4 is physically or mentally disabled to the extent that the parent cannot earn income. 16 5 Section 5. 6. That § 25-7A-6 be AMENDED: 17 6 25-7A-6. If a parent served with a notice of support debt under § 25-7A-5 makes 18 7 a timely request for a hearing, the secretary of social services shall must file the notice of 19 8 support debt, proof of service thereof, and response thereto in the office of the clerk of 20 9 the circuit court in the county of residence of that parent. The matter shall must be set 21 10 for hearing before a referee who is a member in good standing of the State Bar Association 22 11 and is appointed by the court, pursuant to statute, and after due notice to all parties by 23 12 first class mail. 24 13 The referee shall make a report to the court, recommending the amount of the 25 14 debt due to the state, if any, and the monthly support obligation of the parent and the 26 15 arrearage debt due to the obligee or another state who has applied for support 27 16 enforcement services, the provision of medical support, or genetic testing costs. If genetic 28 17 testing showing a ninety-nine percent or higher likelihood of paternity, or a voluntary 29 18 acknowledgment of paternity, is presented as evidence during the hearing, the referee 30 19 must make a finding of adjudication of paternity and include the finding in the report to 31 20 the court. 32 21 The referee shall file the report with the court and cause copies thereof to be served 33 22 by mailing to the parties and the secretary. Any party shall have ten days from the date 34 26.583.10 4 1045 Underscores indicate new language. Overstrikes indicate deleted language. 23 of service of the report in which to file objections to the report. If a party files an objection, 1 24 the other party shall have has an additional five days from the date of service of the 2 25 objections to file additional objections. If no objection is filed, the circuit court may 3 26 thereafter, and without further notice, enter its order. If any objection is filed, the circuit 4 27 court shall must fix a date for hearing on the report, with the hearing to be solely on the 5 28 record established before the referee. The circuit court may thereafter adopt the referee's 6 29 report, or may modify it, or may reject and remand it with instructions or for further 7 30 hearing. The secretary shall serve the parent the court's order by certified mail, return 8 31 receipt requested, at the parent's last known address, and shall file proof of service. 9 32 If the circuit court's order modifies the referee's report and no hearing was held 10 33 before the court before entry of its order, any party has ten days from the date of service 11 34 26.583.11 5 1045 Underscores indicate new language. Overstrikes indicate deleted language. of the order in which to file an objection to that modification. If an objection is filed, the 12 1 circuit court shall must fix a date for hearing on the objection and after the hearing shall 13 2 must enter its order. The secretary shall serve the order by certified mail, return receipt 14 3 requested, at the parent's last known address, and shall file proof of service. 15 4 Section 6. 7. That a NEW SECTION be added to chapter 25-7A: 16 5 If a party agrees, the referee may send copies of any notice or report required to 17 6 be served on the party under § 25-7A-6 or 25-7A-22 by electronic mail, using the email 18 7 address provided by the party. 19 8 Section 7. 8. That a NEW SECTION be added to chapter 25-7A: 20 9 If a party files an objection to the referee's report pursuant to § 25-7A-6 or 25-7A-21 25-7A-10 22, the referee must file with the court all exhibits entered into the record in the hearing 22 11 before the referee and all financial and legal documents received by the referee. The 23 12 referee shall file the exhibits and documents within ten days after receiving notice of the 24 13 objection. The referee shall maintain the exhibits and documents for thirty days following 25 14 a signed order. 26 15

26.583.11 26.583.12 101st Legislative Session 1045 2026 South Dakota Legislature House Bill 1045 HOUSE ENGROSSED Introduced by: The Chair of the Committee on Judiciary at the request of the Department of Social Services Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to revise certain provisions related to child support. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 25-7-6.4 be AMENDED: 3 25-7-6.4. Except as provided in § 25-7-6.26, it It is presumed for the purposes of 4 determination of determining child support that a parent is capable of being employed a 5 minimum of one thousand eight hundred twenty hours per year, and the parent's child 6 support obligation must be calculated at a rate and earning an annual gross income of not 7 less than one thousand eight hundred twenty hours at multiplied by the current state 8 minimum wage. 9 Section 2. That § 25-7-6.10 be AMENDED: 10 25-7-6.10. Deviation from the schedule in § 25-7-6.2 must be considered if raised 11 by either party and made only upon the entry of specific findings based upon any of the 12 following factors: 13 (1) The income of a subsequent spouse or contribution of a third party to the income 14 or expenses of that parent but only if the application of the schedule works a 15 financial hardship on either parent; 16 (2) Any financial condition of either parent that would make application of the schedule 17 inequitable. If the total amount of the child support obligation, including any 18 adjustments for health insurance and child care costs, exceeds fifty percent of the 19 obligor's monthly net income, it is presumed that the amount of the obligation 20 imposes a financial hardship on the obligor. This presumption may be rebutted 21 based upon other factors set forth in this section; 22 (3) Any necessary education or health care special needs of the child; 23 (4) The effect of agreements between the parents regarding extra forms of support for 24 the direct benefit of the child; 25 26.583.11 2 1045 Underscores indicate new language. Overstrikes indicate deleted language. (5) The obligation of either parent to provide for subsequent natural children, adopted 1 children, or stepchildren. However, an existing support order may not be modified 2 solely for this reason; or 3 26.583.12 2 1045 HB1045 ENROLLED (6) The voluntary and unreasonable act of a parent that causes the parent to be 4 unemployed or underemployed, consistent with the provisions of § 25-7-6.26; or 5 (7) The federal income consequences arising from claiming the child as a dependent. 6 Section 3. That § 25-7-6.13 be AMENDED: 7 25-7-6.13. All orders for support entered and in effect prior to July 1, 2022 2026, 8 may be modified in accordance with this chapter, without requiring a showing of a change 9 in circumstances from the entry of the order. If a parent incarcerated for more than one 10 hundred eighty days is released from incarceration, the child support obligation in effect 11 at the time of release must continue in effect until either parent files a petition for 12 modification. 13 Section 4. That § 25-7-6.19 be AMENDED: 14 25-7-6.19. Notwithstanding the provisions of § 25-7A-17 or 25-7-7.3, if, by 15 agreement of the parties, or by court order, the obligor had primary physical custody of 16 the child for more than four consecutive months, the court may credit the obligor for child 17 support arrearages which that accumulated during the period the obligor had actual 18 physical custody of the child. 19 Section 5. That § 25-7-6.26 be AMENDED: 20 25-7-6.26. If a parent in a child support establishment or modification proceeding 21 fails to furnish income or other financial information, the parent is in default. Income not 22 actually earned by a parent may be imputed to the parent pursuant to this section. Except 23 in cases of physical or mental disability or incarceration for one hundred eighty days or 24 more, it is presumed for the purpose of determining child support in an establishment or 25 modification proceeding that a parent is capable of being employed a minimum of one 26 thousand eight hundred twenty hours per year at the state minimum wage, absent 27 evidence to the contrary. Evidence to rebut this presumption may be presented by either 28 parent. 29 Income may be imputed to a parent when the parent is unemployed, 30 underemployed, fails to produce sufficient proof of income, has an unknown employment 31 26.583.11 3 1045 Underscores indicate new language. Overstrikes indicate deleted language. status, or is a full-time or part-time student, whose education or retraining will result, 1 within a reasonable time, in an economic benefit to the child for whom the support 2 obligation is determined, unless the actual income is greater. 3 In all cases where imputed income is appropriate, the amount imputed must be 4 based upon the following: 5 (1) The parent’s residence; 6 (2) The parent’s recent work and earnings history; 7 (3) The parent’s occupational, educational, and professional qualifications; 8 (4) Existing job opportunities and associated earning levels in the community or 9 the local trade area; 10 (5) The parent’s age, literacy, health, criminal record, record of seeking work, and 11 other employment barriers; 12 (6) The availability of employers willing to hire the parent; and 13 (7) Other relevant background factors. 14 Income is not imputed to a parent who is physically or mentally disabled to the 15 extent that the parent cannot earn income; who is incarcerated for more than one hundred 16 eighty days; who has made diligent efforts to find and accept suitable work or to return 17 to customary self-employment, to no avail; or when the court makes a finding that other 18 circumstances exist that make the imputation inequitable, in which case the imputed 19 income may only be decreased to the extent required to remove such inequity. 20 Imputed income may be in addition to actual income and is not required to reflect 21 the same rate of pay as actual income.A A court may impute a parent's income for purposes 22 of child support if: 23 (1) The parent does not produce sufficient proof of income; 24 (2) The parent's employment status is unknown; 25 (3) The parent is underemployed; or 26 (4) The parent is unemployed. 27 The income amount imputed may not be less than the current state minimum wage 28 multiplied by one thousand eight hundred twenty hours. 29 To determine the amount of income to impute to the parent, the court may consider 30 any factor relevant to the parent's ability to earn income, including the parent's age, 31 criminal record, education, experience, health, occupational skills, the employment 32 opportunities in the geographical area where the parent resides. 33 The amount of income imputed may be based on the parent's past income data, 34 data on wage rates for various occupations and locations published by the United States 35 26.583.11 4 26.583.12 3 1045 Underscores indicate new language. Overstrikes indicate deleted language. HB1045 ENROLLED Bureau of Labor Statistics or any other federal or state government agency, or job 1 advertisements. 2 No income may be imputed to a parent who has been sentenced to serve a term 3 of incarceration or confinement of more than one hundred eighty days, or to a parent who 4 is physically or mentally disabled to the extent that the parent cannot earn income. 5 Section 6. That § 25-7A-6 be AMENDED: 6 25-7A-6. If a parent served with a notice of support debt under § 25-7A-5 makes 7 a timely request for a hearing, the secretary of social services shall must file the notice of 8 support debt, proof of service thereof, and response thereto in the office of the clerk of 9 the circuit court in the county of residence of that parent. The matter shall must be set 10 for hearing before a referee who is a member in good standing of the State Bar Association 11 and is appointed by the court, pursuant to statute, and after due notice to all parties by 12 first class mail. 13 The referee shall make a report to the court, recommending the amount of the 14 debt due to the state, if any, and the monthly support obligation of the parent and the 15 arrearage debt due to the obligee or another state who has applied for support 16 enforcement services, the provision of medical support, or genetic testing costs. If genetic 17 testing showing a ninety-nine percent or higher likelihood of paternity, or a voluntary 18 acknowledgment of paternity, is presented as evidence during the hearing, the referee 19 must make a finding of adjudication of paternity and include the finding in the report to 20 the court. 21 The referee shall file the report with the court and cause copies thereof to be served 22 by mailing to the parties and the secretary. Any party shall have ten days from the date 23 of service of the report in which to file objections to the report. If a party files an objection, 24 the other party shall have has an additional five days from the date of service of the 25 objections to file additional objections. If no objection is filed, the circuit court may 26 thereafter, and without further notice, enter its order. If any objection is filed, the circuit 27 court shall must fix a date for hearing on the report, with the hearing to be solely on the 28 record established before the referee. The circuit court may thereafter adopt the referee's 29 report, or may modify it, or may reject and remand it with instructions or for further 30 hearing. The secretary shall serve the parent the court's order by certified mail, return 31 receipt requested, at the parent's last known address, and shall file proof of service. 32 If the circuit court's order modifies the referee's report and no hearing was held 33 before the court before entry of its order, any party has ten days from the date of service 34 26.583.11 5 26.583.12 4 1045 Underscores indicate new language. Overstrikes indicate deleted language. HB1045 ENROLLED of the order in which to file an objection to that modification. If an objection is filed, the 1 circuit court shall must fix a date for hearing on the objection and after the hearing shall 2 must enter its order. The secretary shall serve the order by certified mail, return receipt 3 requested, at the parent's last known address, and shall file proof of service. 4 Section 7. That a NEW SECTION be added to chapter 25-7A: 5 If a party agrees, the referee may send copies of any notice or report required to 6 be served on the party under § 25-7A-6 or 25-7A-22 by electronic mail, using the email 7 address provided by the party. 8 Section 8. That a NEW SECTION be added to chapter 25-7A: 9 If a party files an objection to the referee's report pursuant to § 25-7A-6 or 25-7A-10 22, 25-7A-22, the referee must file with the court all exhibits entered into the record in the hearing 11 before the referee and all financial and legal documents received by the referee. The 12 referee shall file the exhibits and documents within ten days after receiving notice of the 13 objection. The referee shall maintain the exhibits and documents for thirty days following 14 a signed order. 15 26.583.12 5 1045 HB1045 ENROLLED An Act to revise certain provisions related to child support. I certify that the attached Act originated in the: House as Bill No. 1045 Chief Clerk of the House Speaker of the House Attest: Chief Clerk of the House President of the Senate Attest: Secretary of the Senate House Bill No. 1045 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State