What is the consequence of non-payment of child support in South Dakota?

Full question:

My ex-wife and I have a son together. I was supposed to pay for his child support last week but failed to make the payments. Will I get into trouble for failing to make child support payments in South Dakota?

• Category: Minors
• Subcategory: Child Support
• Date: 04/07/2025
• State: South Dakota

Answer:

Yes. You may be guilty of a Class 1 misdemeanor if you don’t have a lawful excuse for failing to make the child support payments for your son. In South Dakota, a parent who intentionally fails to provide child support without a lawful excuse may be guilty of a Class 1 misdemeanor. Further, if the parent leaves the state during the period of non-payment of the child support and was absent for more than thirty days, the parent may be guilty of a Class 6 felony.
 
S.D. Codified Laws § 25-7-16 reads:
 

“A parent of a minor child who intentionally omits without lawful excuse to furnish necessary food, clothing, shelter, medical attendance, other remedial care, or other means of support for the person's child is guilty of a Class 1 misdemeanor. If a parent, during a violation, leaves the state and is absent for more than thirty days, the person is guilty of a Class 6 felony. If a child is under treatment solely by spiritual means, the court may, as provided under § 26-8A-22, order that medical treatment be provided for the child. For the purposes of this section, unemployment without justifiable excuse or without verifiability of searching for employment is not a lawful excuse for noncompliance.”
 

S.D. Codified Laws § 22-6-2 enumerates the penalty for a Class 1 misdemeanor:

“(1) Class 1 misdemeanor: one year imprisonment in a county jail or two thousand dollars fine, or both;”
 

S.D. Codified Laws § 22-6-1 states the penalty for a Class 6 felony:
 

“(9) Class 6 felony: two years imprisonment in the state penitentiary or a fine of four thousand dollars, or both.”