South Dakota § 25-9C-307 - Duties of support enforcement agency.

§ 25-9C-307. Duties of support enforcement agency.

(a) In a proceeding pursuant to this chapter, a support enforcement agency of this state, upon request:

(1)    Shall provide services to a petitioner residing in a state;

(2)    Shall provide services to a petitioner requesting services through a central authority of a foreign country as described in subsection 25-9C-102(5)(a) or (d); and

(3)    May provide services to a petitioner who is an individual not residing in a state.

(b) A support enforcement agency of this state that is providing services to the petitioner shall:

(1)    Take all steps necessary to enable an appropriate tribunal of this state, another state, or a foreign country to obtain jurisdiction over the respondent;

(2)    Request an appropriate tribunal to set a date, time, and place for a hearing;

(3)    Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;

(4)    Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;

(5)    Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and

(6)    Notify the petitioner if jurisdiction over the respondent cannot be obtained.

(c) A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts:

(1)    To ensure that the order to be registered is the controlling order; or

(2)    If two or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.

(d) A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.

(e) A support enforcement agency of this state shall issue or request a tribunal of this state to issue a child support order and an income withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to § 25-9C-319.

(f) The provisions of this chapter do not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.

Source: SL 2015, ch 148, § 307.