SD - South Dakota Human Resource Labor Laws
Below is a list of employment laws we monitor and provide for South Dakota.
Example law for this state: Child Support
Child support is money parents pay to help other people support their children. The court orders the support. The support may be part of an interim, temporary, permanent or modified court order in a divorce, paternity action, order for protection, child custody action or a separate child support action.
Withholding is required by law for every parent who has a child support obligation. Therefore, employers should know when an order to withhold income is issued against an employee, it does not necessarily mean the employee is delinquent in child support payments.
* When You should deduct the first payment from any income that is payable to the employee after the order is served. (SDCL 25-7A-34)
* Cash advances are considered part of the employees pay and are subject to withholding provisions. (SDCL 25-7A-1(8))
* South Dakota allows the employer or payor of income to deduct an amount not to exceed $3 per month from the employee's/ noncustodial parent's income to cover the expenses involved in transmitting the amount withheld. The $3 fee should not reduce the amount of child support withheld and transmitted to the Division of Child Support and is deducted from the employee's remaining net income. (SDCL 25-7A-34) The $3 fee is not used in determining the 50 percent limitation of withholding.
* The total amount withheld for cash support and health insurance premiums cannot exceed 50 percent of an employees income after deducting the following:
o State, federal and local tax;
o Social Security tax;
o statutory pension contributions; Medicare taxes; and
o Any other deductions which are required to be withheld, either by law or as a condition of employment.
The $3 fee which may be assessed by the employer is not used in determining the 50 percent limitation of withholding. The law also requires you to withhold child support without regard to any prior claims to creditors. This means the order to withhold child support has priority over any other creditor claims or voluntary deductions made by the employee. (SDCL 25-7A-32; SDCL 25-7A-37)
* You must transmit the amount withheld within 7 business days of when the employee is paid or his property withheld. Do not hold partial payments until the end of the month. (SDCL 25-7A-34)
* The Payments must be sent to the Division of Child Support at the address stated in the withholding order. Payments for income withholding orders issued by the Division of Child Support are to be sent to:
South Dakota Department of Social Services
Division of Child Support
Child Support Payment Center,
700 Governors Drive, Suite 84,
Pierre, SD 57501
E-Verify
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