25-4-43 Support payments through clerk of courts--Payment to social services when assignment made ...
Support payments through clerk of courts--Payment to social services when
assignment made to state--Back support--Accounting.
When a divorce is granted or a decree for
separate maintenance entered or thereafter, and when the court has provided for the maintenance of
the children of the marriage, all payments so required by the order of the court may by order of the
court be paid to the clerk of courts in the amount and at the time specified in said order, and the clerk
shall forthwith disburse the money so received to the party entitled thereto. Upon receipt of written
notice of assignment of support obligations to the State of South Dakota the clerk of courts shall pay
the support to the Department of Social Services rather than to a family as long as such assignment
remains in existence. When the department has no authorization to receive the current support, the
department shall notify the clerk to stop sending current support payments to the state. However,
back support due and owing prior to termination of public assistance shall be paid to the state.
Thereupon adequate accounting records showing receipts and disbursements shall be maintained by
the clerk of courts, and the clerk of courts shall maintain a fact sheet in the original case file showing
chronologically the date of receipts, dates of disbursements, and names of recipients.
Source: SDC 1939, § 14.0726 as added by SL 1963, ch 64; SL 1977, ch 204.