How to Modify Child Support in South Dakota
Reviewed by DocDraft Legal Team · South Dakota · Last updated September 21, 2026
In South Dakota, a child support modification is a court order, entered through a child support referee, that changes the amount of an existing child support order after your circumstances change or enough time passes. Support here is set by the state child support guidelines tied to both parents' net incomes, so a job loss, a raise, or a new parenting arrangement can make the current amount too high or too low. South Dakota uses a distinctive two-part test. Within three years of your order you must show a substantial change in circumstances, but if the petition is filed after three years you can ask for a change without showing any change at all (SDCL 25-7A-22). You start by filing a Petition to Modify Child Support Order, the Division of Child Support form, and a child support referee holds a hearing and sends a recommended order to the circuit court, which is the only entity that can actually modify your obligation. A change reaches back only to the date notice of the hearing on your petition is given to the other parent, not to when your circumstances changed, so support that already came due cannot be wiped out (SDCL 25-7-7.3). Keep paying your current order until the court changes it. You can also ask for a review about every three years. Attorney review of your filing is available through DocDraft.
Find out where you stand in South Dakota
Where are you with changing your child support order?
DocDraft provides document preparation, not legal advice.
How do I modify child support in South Dakota?
File a Petition to Modify Child Support Order with the Division of Child Support, and a child support referee holds a hearing and recommends a new amount to the circuit court, the only entity that can modify your order. Within three years you must show a substantial change in circumstances (SDCL 25-7A-22).
How much does income have to change to modify child support in South Dakota?
South Dakota sets no fixed percentage. If your petition is filed within three years of the order, you must show a substantial change in circumstances; if it is filed after three years, you can ask for a change without showing any change at all (SDCL 25-7A-22).
How far back can a child support change go in South Dakota?
A modification reaches back only to the date notice of the hearing on your petition is given to the other parent, not to when your circumstances changed (SDCL 25-7-7.3). Support that already came due cannot be reduced, so filing promptly protects you. Keep paying your current order until then.
Which court handles child support modifications in South Dakota?
The circuit court is the only entity with authority to modify a child support obligation in South Dakota. In practice a child support referee hears the petition, gathers financial information, and sends a recommended order to a circuit court judge, who signs it if neither parent objects in time.
South Dakota child support modification at a glance
In South Dakota, a child support modification is a court change to the amount of an existing support order after circumstances change or time passes. The state applies a two-part test under SDCL 25-7A-22: within three years of your order you must show a substantial change in circumstances, but after three years you can request a change without showing any change. You file a Petition to Modify Child Support Order with the Division of Child Support, and a child support referee holds a hearing and recommends a new amount to the circuit court, the only entity that can modify the order. A change reaches back only to the date notice of the hearing is given to the other parent, so support that already came due cannot be reduced (SDCL 25-7-7.3).
Lowering a South Dakota order that is over three years old
Suppose your South Dakota child support order is four years old and your income has dropped. Because the order is more than three years old, you do not even need to prove a substantial change; you can request a modification under SDCL 25-7A-22. You complete the Petition to Modify Child Support Order, attach proof of your current income, and send it to the Division of Child Support. A child support referee holds a hearing, recalculates support under the guidelines, and recommends a lower amount to the circuit court. Because the change reaches back only to the date notice of the hearing is given, you file right away and keep paying the current amount until the judge signs the new order (SDCL 25-7-7.3). Attorney review of your filing is available through DocDraft.
Relevant Laws
SDCL 25-7A-22 (petition to modify child support)
Provides that an obligor, obligee, or assignee may file a petition to increase or decrease child support, and that for any order entered or modified after July 1, 1997, the order may be modified on a substantial change in circumstances if the petition is filed within three years of the order, or without any change if filed after three years.
SDCL 25-7-7.3 (past-due support not modifiable)
Provides that previously ordered support payments that have become due, whether paid or unpaid, are not subject to modification, except amounts accruing while a modification petition is pending, and then only from the date that notice of hearing of the petition is given to the obligee, the obligor, and any other interested parties.
SDCL 25-7-6.13 (modification of prior support orders)
Provides that all support orders entered and in effect prior to July 1, 2026, may be modified without requiring a showing of a change in circumstances, and addresses continuation of the obligation after a parent's release from incarceration of more than 180 days.
South Dakota UJS self-help: child support
The Unified Judicial System self-help center explains that the circuit court is the only entity that can modify a child support obligation, that either parent may file a petition, and it links the Petition to Modify Child Support Order and a Guide and File tool.
Regional Variances
South Dakota child support modification rules at a glance
Qualifying threshold
South Dakota sets no fixed percentage. Within three years of the order you must show a substantial change in circumstances; after three years you can request a change without showing any change (SDCL 25-7A-22).
Where to file
You file a petition with the Division of Child Support, and a child support referee holds the hearing, but only the circuit court can actually modify the obligation.
Modification form
The Petition to Modify Child Support Order, the Division of Child Support form. A Guide and File tool through the Unified Judicial System helps build the completed petition to print and sign.
Retroactivity
A modification reaches back only to the date notice of the hearing on the petition is given to the parties, not to when circumstances changed (SDCL 25-7-7.3). Earlier arrears remain owed.
Periodic review
If your order is more than three years old you can seek a change without showing a change (SDCL 25-7A-22), and under federal rules an open case can generally be reviewed about every three years on request.
Suggested Compliance Checklist
Confirm your order's age and your changed circumstances
Before you file days after startingCheck the date of your current order and identify your basis: a substantial change if the order is under three years old, or the three-year rule if it is older (SDCL 25-7A-22). Attorney review of your filing is available through DocDraft.
Gather income and financial documents
Before you file days after startingCollect recent pay stubs, tax returns, and proof of the change you are claiming. The child support guidelines use both parents' net incomes, so accurate figures let the referee recalculate support correctly.
Complete the Petition to Modify Child Support Order
As soon as your circumstances change days after startingFill out the Petition to Modify Child Support Order, using the Unified Judicial System Guide and File tool if helpful, and describe your order and why a change is warranted. Print and sign the completed petition.
File and send your petition to the Division of Child Support
Promptly (the change dates back to notice of hearing) days after startingSend your petition, financial statement, and income verification to the Division of Child Support. Because a change reaches back only to the date notice of the hearing is given, file promptly (SDCL 25-7-7.3).
Prepare for the referee hearing
Before your hearing date days after startingA child support referee will hold a hearing and recalculate support under the guidelines. Bring your income proof and evidence of the change so the referee can recommend an accurate new amount to the circuit court.
Review the recommended order and meet objection deadlines
After the referee's report days after startingRead the referee's recommended order carefully. If neither parent objects within the time allowed, the circuit court judge signs it and it becomes final. Keep paying your current order until the new order is signed.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm your order's age and your changed circumstances | Check the date of your current order and identify your basis: a substantial change if the order is under three years old, or the three-year rule if it is older (SDCL 25-7A-22). Attorney review of your filing is available through DocDraft. | - | Before you file |
| Gather income and financial documents | Collect recent pay stubs, tax returns, and proof of the change you are claiming. The child support guidelines use both parents' net incomes, so accurate figures let the referee recalculate support correctly. | - | Before you file |
| Complete the Petition to Modify Child Support Order | Fill out the Petition to Modify Child Support Order, using the Unified Judicial System Guide and File tool if helpful, and describe your order and why a change is warranted. Print and sign the completed petition. | - | As soon as your circumstances change |
| File and send your petition to the Division of Child Support | Send your petition, financial statement, and income verification to the Division of Child Support. Because a change reaches back only to the date notice of the hearing is given, file promptly (SDCL 25-7-7.3). | - | Promptly (the change dates back to notice of hearing) |
| Prepare for the referee hearing | A child support referee will hold a hearing and recalculate support under the guidelines. Bring your income proof and evidence of the change so the referee can recommend an accurate new amount to the circuit court. | - | Before your hearing date |
| Review the recommended order and meet objection deadlines | Read the referee's recommended order carefully. If neither parent objects within the time allowed, the circuit court judge signs it and it becomes final. Keep paying your current order until the new order is signed. | - | After the referee's report |
Frequently Asked Questions
A real, involuntary income drop can support a modification, but you must file a Petition to Modify Child Support Order to change the amount; support keeps accruing at the old rate until the change takes effect (SDCL 25-7-7.3). A referee may consider your earning capacity. Do not simply stop paying.
No. Either parent, or a representative, may file a petition to modify the order on their own, and the other parent receives notice and can take part in the referee hearing. Even if both parents agree on a new amount, a child support referee and the circuit court still review it under the guidelines.
After you file the petition, the Division of Child Support processes it and a referee sets a hearing, which can take several weeks to a few months. An uncontested change moves faster. Because the change reaches back only to the date notice of the hearing is given, filing promptly protects you.
The Division of Child Support reviews modification petitions and a child support referee holds the hearing, but only the circuit court can actually modify your obligation. The referee sends a recommended order to a circuit court judge, who signs it if neither parent objects within the time allowed (SDCL 25-7A-22).
You can request a review whenever a substantial change occurs. If your order is more than three years old, you can ask for a modification without showing any change at all (SDCL 25-7A-22), and under federal rules an open child support case can generally be reviewed about every three years on request.
Support that already came due, called arrears, is not subject to modification by a court or agency (SDCL 25-7-7.3). A modification reaches back only to the date notice of the hearing is given, so earlier arrears remain owed. Keep paying your current order to avoid building arrears while your petition is pending.
The Division of Child Support process for reviewing and modifying an order is handled through the state child support program rather than a court filing you pay for yourself. Costs can vary by county and situation, so confirm any current fee with the Division of Child Support before you file.
You file the Petition to Modify Child Support Order, the Division of Child Support form for changing an existing order. The South Dakota Unified Judicial System offers a Guide and File tool that walks you through questions and builds the completed petition to print, sign, and submit.
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