What is a motion for contempt called in South Dakota?

South Dakota does not use that name. You ask the circuit court for an Order to Show Cause under SDCL 16-15-6 and SDCL 25-4A-1. The Unified Judicial System publishes a self-help packet for this, including Form UJS-357, the sworn Motion and Statement for Order to Show Cause, but the forms are not mandatory, so check with your circuit clerk if a local form is preferred.

Does South Dakota require personal service for a contempt motion?

The Unified Judicial System's instructions say service on the other party can be completed by sheriff or process server, and they do not list mail as an option. Proof of service must be filed with the court or the motion can be dismissed.

How many days of notice does a South Dakota contempt hearing require?

A general Order to Show Cause hearing requires at least 10 days notice to the other party. For a custody or visitation violation, SDCL 25-4A-2 instead requires the court to schedule the hearing not less than 30 days out.

Can the other parent go to jail for contempt in South Dakota?

Jail is not something the filer can choose; the court decides whether contempt occurred. If a support or property violation is pursued outside the judge's presence, it is prosecuted as a Class 1 misdemeanor, up to 1 year in jail and a $2,000 fine. Contempt handled summarily in the judge's presence is capped at 30 days and a $100 fine. Custody or visitation contempt under SDCL 25-4A-5 is capped at 3 days in jail per violation.

What if I could not afford to pay child support in South Dakota?

Ability to comply is part of what the movant must show for the court to find contempt, so a parent who truly could not pay because of poverty, insolvency, or other real inability is not in contempt. The court decides this at the show cause hearing.

Is there a faster way to enforce parenting time in South Dakota than filing for contempt?

Yes. A noncustodial parent can instead file a Motion for Enforcement of Visitation Rights under SDCL 25-4A-4.1, filed on a form provided by the circuit clerk, and the court must immediately set a hearing to be held no more than 21 days after the filing.

Can South Dakota help me collect child support without filing for contempt?

Yes. The South Dakota Division of Child Support can pursue income withholding and other collection tools against a delinquent parent without a contempt filing. The agency does not have the authority to order anyone to prison for nonpayment; only the circuit court has that authority.

What changed in South Dakota's contempt law in 2026?

House Bill 1012 repealed the option of probation for a custody or visitation contemnor under SDCL ch. 25-4A and confirmed that this custody and visitation track is exempt from the Title 23A criminal jury trial procedure that otherwise applies to contempt of a court order.

South Dakota Motion for Contempt

Enforcing a South Dakota order outside the judge's presence runs through the same criminal contempt statute that punishes crimes, and it can carry a stiffer penalty than contempt handled in court the same day.

Find out where you stand in South Dakota

What court order is not being followed?

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Introduction

South Dakota does not have a separate civil 'motion for contempt.' Instead, a parent or former spouse enforcing a family court order asks the circuit court for an Order to Show Cause under SDCL 16-15-6 and SDCL ch. 25-4A, using the Unified Judicial System's self-help packet: UJS-356 (instructions), UJS-357 (the sworn Motion and Statement for Order to Show Cause), UJS-358 (the proposed order setting the hearing), and UJS-353 (the order granting or denying contempt). These forms are not mandatory, and the court's own form controls if your circuit clerk provides a different one. The Unified Judicial System's instructions say service can be completed by sheriff or process server and do not list mail as an option, and proof of service must be filed with the court or the motion can be dismissed. The opposing party must be served at least 10 days before a general show cause hearing. For custody or visitation violations specifically, SDCL 25-4A-2 requires the court to schedule the hearing not less than 30 days out. What makes South Dakota unusual is that disobeying a support, property, or other non-custody family court order outside the judge's presence, the normal situation for a missed support payment, is prosecuted under the state's Title 23A criminal contempt procedure, with notice, a right to counsel, and a right to a jury trial, and it carries a Class 1 misdemeanor penalty of up to 1 year in jail and a $2,000 fine, a higher penalty than the 30 day, $100 cap that applies when contempt is handled summarily in the judge's presence. Custody and visitation violations instead run through a separate, more limited track: SDCL 25-4A-5 lets the court order make up parenting time, costs and fees, a civil penalty of up to $1,000, counseling, or up to 3 days in jail, and, for an aggravated or repeat violation, a change to custody or visitation. A 2026 law, House Bill 1012, repealed the option of probation for a custody or visitation contemnor and confirmed that this track is exempt from the criminal jury trial procedure. To find contempt, the court must find a valid order, the respondent's knowledge of it, the respondent's ability to comply, and a willful failure to comply; a parent who truly could not pay or comply is not in contempt, and the court decides this, not the filer. Do not withhold child support because parenting time was denied, and do not deny parenting time because support went unpaid; either one can itself be treated as contempt. The South Dakota Division of Child Support can pursue income withholding and other collection tools without a contempt filing, but it does not have the authority to order anyone to prison for nonpayment, and only the circuit court has that authority; a noncustodial parent also has a separate, faster Motion for Enforcement of Visitation Rights under SDCL 25-4A-4.1, for which the court must immediately set a hearing no more than 21 days after the filing. This page does not cover modifying support or a parenting plan; use DocDraft's child support modification and parenting plan pages for that. If there is domestic violence or a safety risk, use DocDraft's getting a restraining order guide instead of this motion. Attorney review is available before you file.

Key Things to Know

1
South Dakota has no separate civil 'motion for contempt.' You ask the circuit court for an Order to Show Cause under SDCL 16-15-6 and SDCL 25-4A-1, using the Unified Judicial System's self-help forms UJS-356 through UJS-358, plus UJS-353 for the court's ruling. These forms are not mandatory, and the court's own form controls if your circuit provides a different one.
2
The Unified Judicial System's instructions say service can be completed by sheriff or process server and do not list mail as an option, and proof of service must be filed with the court or the motion can be dismissed. A general show cause hearing needs at least 10 days notice; for a custody or visitation violation, SDCL 25-4A-2 instead requires the court to schedule the hearing not less than 30 days out.
3
Disobeying a support, property, or other non-custody family order outside the judge's presence, the usual case for missed support, is prosecuted under the state's Title 23A criminal contempt procedure and becomes a Class 1 misdemeanor: up to 1 year in jail and a $2,000 fine. That is a higher penalty than the 30 day, $100 cap for contempt handled summarily in the judge's presence.
4
Custody and visitation violations instead run through SDCL 25-4A-5, which caps jail at 3 days per violation and lets the court order make up parenting time, costs and fees, a civil penalty of up to $1,000, counseling, or, for an aggravated or repeat violation, a change to custody or visitation.
5
A 2026 law, House Bill 1012, repealed the option of probation for a custody or visitation contemnor and confirmed that SDCL ch. 25-4A is exempt from the criminal jury trial procedure that otherwise applies to contempt of a court order.
6
To find contempt, the court looks for a valid order, the respondent's knowledge of it, the respondent's ability to comply, and a willful failure to comply. A parent who truly could not pay or comply because of poverty or another real inability is not in contempt, and the court, not the filer, decides this.
7
Do not withhold child support because parenting time was denied, and do not deny parenting time because support went unpaid; either one can itself be treated as contempt. The South Dakota Division of Child Support can pursue income withholding without a contempt filing, and a noncustodial parent has a separate, faster Motion for Enforcement of Visitation Rights under SDCL 25-4A-4.1, for which the court must immediately set a hearing no more than 21 days after the filing.

Key decisions before you file

Before you file a Motion for Contempt in South Dakota, a few decisions shape the document: which option to choose and what each one means. The Motion for Contempt guide walks through them.

Open the Motion for Contempt guide

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CASE NO. [CASE NUMBER]

STATE OF SOUTH DAKOTA CIRCUIT COURT [JUDICIAL CIRCUIT NUMBER] JUDICIAL CIRCUIT [COUNTY] COUNTY

[PETITIONER NAME], Plaintiff/Petitioner, v. [RESPONDENT NAME], Defendant/Respondent.

MOTION FOR AN ORDER TO SHOW CAUSE

The South Dakota Unified Judicial System publishes Form UJS-357, Motion and Statement for Order to Show Cause, for this request. The form is not mandatory, but if the court or circuit clerk provides its own form, the court's form controls.

[PETITIONER NAME] moves this Court under SDCL 16-15-6 for an order directing [RESPONDENT NAME] to appear and show cause why [RESPONDENT NAME] should not be held in contempt of court, and states as follows:

On [DATE OF ORDER], this Court entered an order in this matter requiring [RESPONDENT NAME] to [DESCRIPTION OF THE ORDER PROVISION AT ISSUE, SUCH AS PAYING A STATED MONTHLY AMOUNT OF CHILD SUPPORT OR ALLOWING A STATED PERIOD OF PARENTING TIME]. A copy of the order is attached to this motion.
[RESPONDENT NAME] had knowledge of this order, as shown by [DESCRIPTION OF HOW RESPONDENT KNEW OF THE ORDER, SUCH AS BEING PRESENT IN COURT WHEN IT WAS MADE, BEING SERVED WITH A COPY, OR SIGNING A STIPULATION ON WHICH THE ORDER WAS BASED].
[RESPONDENT NAME] had the ability to comply with the order and has failed to comply as follows: a. [DATE OF VIOLATION]: [DESCRIPTION OF THE SPECIFIC FAILURE TO COMPLY, INCLUDING THE AMOUNT OF ANY UNPAID SUPPORT] b. [DATE OF VIOLATION]: [DESCRIPTION OF THE SPECIFIC FAILURE TO COMPLY] c. [LIST OF ANY ADDITIONAL VIOLATION DATES AND AMOUNTS]
[RESPONDENT NAME]'s noncompliance was willful and contumacious, and was not the result of poverty, insolvency, or other inability to comply.
[PETITIONER NAME] has incurred costs in bringing this motion and requests that the Court address costs and fees at the hearing.

WHEREFORE, [PETITIONER NAME] asks this Court to: a. Issue an Order to Show Cause directing [RESPONDENT NAME] to appear at a hearing on a date this Court sets and show cause why [RESPONDENT NAME] should not be held in contempt of court; b. Find [RESPONDENT NAME] in contempt of court if the Court finds a valid order, [RESPONDENT NAME]'s knowledge of it, [RESPONDENT NAME]'s ability to comply, and a willful and contumacious failure to comply; c. Order [DESCRIPTION OF THE RELIEF REQUESTED, SUCH AS PAYMENT OF THE UNPAID SUPPORT STATED ABOVE OR MAKE UP PARENTING TIME EQUAL TO THE TIME MISSED]; d. Order [RESPONDENT NAME] to pay costs and reasonable attorney's fees as the Court finds proper; e. Grant any other relief this Court deems just.

VERIFICATION

I declare under penalty of perjury under the law of South Dakota that the foregoing is true and correct.

[SIGNATURE] [PETITIONER NAME] [ADDRESS] [CITY, SOUTH DAKOTA ZIP] [PHONE] [EMAIL]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], a copy of this Motion for an Order to Show Cause, together with the proposed Order to Show Cause, was served on [RESPONDENT NAME] by [NAME OF SHERIFF OR PROCESS SERVER], and that proof of this service will be filed with the Court.

[SIGNATURE] [NAME]

South Dakota Requirements for Motion for Contempt

Order to Show Cause, No Mandatory Statewide Form
South Dakota enforces a family order through an Order to Show Cause under SDCL 16-15-6 and SDCL 25-4A-1, using the Unified Judicial System's self-help forms UJS-356 through UJS-358 and UJS-353. These forms are not mandatory, so the court's own form controls if a circuit provides a different one.
Service by Sheriff or Process Server
The Unified Judicial System's instructions say service on the opposing party can be completed by sheriff or process server and do not list mail as an option. Proof of service must be filed with the court or the motion can be dismissed.
Ten-Day Notice, Thirty-Day Floor for Custody or Visitation
A general Order to Show Cause hearing requires at least 10 days notice. For a custody or visitation violation, SDCL 25-4A-2 requires the court to schedule the hearing not less than 30 days out.
Criminal Contempt Track Raises the Penalty to a Class 1 Misdemeanor
Disobeying a support, property, or other non-custody family order outside the judge's presence is prosecuted under SDCL 23A-38-2 as a Class 1 misdemeanor, up to 1 year in jail and a $2,000 fine, a higher penalty than the 30 day, $100 fine cap for contempt handled summarily in the judge's presence under SDCL 23A-38-1. Under SDCL 25-4A-8, this track does not apply to custody or visitation contempt.
Three-Day Jail Cap and Sanctions Ladder for Custody or Visitation Contempt
SDCL 25-4A-5 caps jail at 3 days per violation for custody or visitation contempt and lets the court instead order make up parenting time, costs and fees, a civil penalty of up to $1,000, counseling, or, for an aggravated or repeat violation, a change to custody or visitation.
2026 Repeal of the Probation Option
House Bill 1012 (2026) repealed SDCL 25-4A-6 and 25-4A-7, removing probation as a disposition for a custody or visitation contemnor, and confirmed that SDCL ch. 25-4A is exempt from the Title 23A criminal jury trial procedure.
Ability to Comply and Willfulness Are Part of the Movant's Burden
To find contempt, the court looks for a valid order, the respondent's knowledge of it, the respondent's ability to comply, and a willful and contumacious failure to comply. A parent who truly could not comply because of poverty or other real inability is not in contempt.
Identify the Order, Violations, and Requested Relief
The motion must state what the respondent has failed to comply with, attach a copy of the order, show how the respondent had knowledge of it, and ask the court to issue an Order to Show Cause directing the respondent to appear. Form UJS-357 uses a single narrative statement rather than an itemized list.
Sworn Verification Under Penalty of Perjury
The Unified Judicial System's Motion and Statement for Order to Show Cause must be signed under penalty of perjury under the law of South Dakota.

Find out where you stand in South Dakota

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

South Dakota Requirements for Motion for Contempt

Order to Show Cause, No Mandatory Statewide Form

Service by Sheriff or Process Server

Ten-Day Notice, Thirty-Day Floor for Custody or Visitation

Criminal Contempt Track Raises the Penalty to a Class 1 Misdemeanor

Three-Day Jail Cap and Sanctions Ladder for Custody or Visitation Contempt

2026 Repeal of the Probation Option

Ability to Comply and Willfulness Are Part of the Movant's Burden

Identify the Order, Violations, and Requested Relief

Sworn Verification Under Penalty of Perjury

Frequently Asked Questions