South Dakota Restrictions on a License When You Owe Child Support

By Heather Frances J.D.

If you have children, your divorce decree likely ordered child support payments from one parent to the other, since parents are legally obligated to provide support for their children. You are legally required to pay the amount ordered and if you don’t pay, you may be subject to punishment, such as having your driver’s license, recreational licenses or professional licenses revoked.

If you have children, your divorce decree likely ordered child support payments from one parent to the other, since parents are legally obligated to provide support for their children. You are legally required to pay the amount ordered and if you don’t pay, you may be subject to punishment, such as having your driver’s license, recreational licenses or professional licenses revoked.

Department of Social Services

South Dakota’s Department of Social Services Division of Child Support (DCS) helps parents establish child support orders and enforce those orders. DCS services are available for anyone who has custody of a child, but parents who receive public assistance are automatically referred for DCS services. If you pay support directly to your ex-spouse without state intervention, your ex-spouse would have to register for DCS services before she can receive DCS help in enforcing your child support order.

Divorce is never easy, but we can help. Learn More

Income Withholding

Many child support orders include a provision that requires your employer to take child support directly from your paycheck, but your income can also be withheld if you owe past-due support. DCS can issue an order requiring your employer to withhold a portion of your pay, including your current child support payments and payments on your past-due amount. If you are unemployed, the amount can be deducted from your unemployment compensation. These income-withholding orders may be the first step of collection efforts when you don’t pay your child support.

License Restrictions

When income withholding or other enforcement efforts do not work, DCS may pursue restrictions on your driver’s license, hunting and fishing licenses or professional licenses. DCS has authority to restrict these licenses without court intervention, so your ex-spouse won’t necessarily have to go to court to get your license revoked. However, DCS will not restrict your license unless you owe at least $1,000 in back child support and have not made any payments for three months or have at least three months of past-due support.

Restriction Process

Before your license is restricted, DCS will notify you in writing about the pending restriction. Before DCS will remove the restrictions, you must pay the entire past-due amount or create a payment plan. If you create a payment plan but fail to make payments as scheduled, DCS can request a full revocation of your license.

Divorce is never easy, but we can help. Learn More
According to Kentucky Law, What Happens if a Man Isn't Able to Pay Child Support?

References

Related articles

How to Get Child Support When the Father Does Not Get Paid From a Conventional Job

Since January 1994, the United States government has mandated that all child support orders include provisions for payment through income withholding or wage garnishment. It’s a highly effective means of collection, but when the non-custodial parent is self-employed or chronically unemployed, wage garnishment can prove impossible. If you suspect your child’s other parent isn’t going to be honorable about voluntarily sending you child support checks, you can address this at the time the court issues your child support order.

What Do You Do in the State of Texas if the Father Is Not Paying Child Support?

Your divorce decree likely outlines the judge’s order for your ex-spouse to pay child support. While this order is usually clearly spelled out, some fathers fail to pay child support, so Texas law provides several ways to encourage -- and even force -- a parent to honor this legal obligation. These options include getting assistance from the Child Support Division of the Texas Attorney General's Office.

Passport Held Due to Nonpayment of Child Support

In recent years, the Child Support Enforcement Program has added new penalties to the list of tools used to persuade parents to catch up on back child support. If you fall significantly behind in your child support payments, the privilege of international travel may be revoked by confiscation of your U.S. passport or denial of your passport application.

Get Divorced Online

Related articles

Can Child Support Be Deducted From Two Jobs?

Parents have a legal obligation to provide financial support for their children, even when the parents divorce. Your ...

Child Support Arrearage Laws for Oregon

In 2009, Oregon began taking a notably tough stance against parents who willfully refuse to pay child support; the ...

Can Child Support Payments Be Garnished From an Unemployment Check?

Parents are legally obligated to provide financially for their children, so courts establish child support orders as ...

How to Terminate Child Support in Arkansas

In Arkansas, certain events automatically end the obligation to pay child support, provided that your settlement ...

Browse by category