Section 25-7-1 – Duty to support spouse.
25-7-1. Duty to support spouse. A person shall support himself or herself and his or her spouse out of his or her property or by his or her labor. Source: SDC 1939, §14.0209; SL 1984, ch 12, §46.
Section 25-7-10 – Liability of parent for necessaries supplied to child.
25-7-10. Liability of parent for necessaries supplied to child. If a parent neglects to provide articles necessary for his child who is under his charge, according to his circumstances, a third person may in good faith supply such necessaries and recover the reasonable value thereof from the parent. Source: SDC 1939, §14.0313.
Section 25-7-12 – Allowances to parent out of child’s property.
25-7-12. Allowances to parent out of child’s property. The circuit court may direct an allowance to be made to a parent of a child, out of its property, for its past or future support and education, on such conditions as may be proper, whenever such direction is for its benefit. Source: SDC 1939, §14.0314.
Section 25-7-13 – Support of spouse and children out of property of absentee, prisoner or mentally ill person–Application to circuit court–Notice–Trial and judgment.
25-7-13. Support of spouse and children out of property of absentee, prisoner or mentally ill person–Application to circuit court–Notice–Trial and judgment. In case the husband or wife abandon the other and remove from the state and remain absent therefrom one year or more, or be sentenced to imprisonment in the county jail or state penitentiary […]
Section 25-7-14 – Reimbursement of county from deceased parent’s estate for support provided child.
25-7-14. Reimbursement of county from deceased parent’s estate for support provided child. If a parent chargeable with the support of a child dies leaving it chargeable upon the county, and leaving an estate sufficient for its support, the officers of the poor, in the name of the county, may claim provision for its support from […]
Section 25-7-15 – Desertion of child under ten as felony.
25-7-15. Desertion of child under ten as felony. The parent of any child under the age of ten years and any person to whom any such child has been confided for nurture or education who deserts such child in any place with intent to wholly abandon the child, is guilty of a Class 4 felony. […]
Section 25-7-16 – Nonsupport of child by parent as misdemeanor–Felony where parent leaves state–Spiritual treatment–Unemployment.
25-7-16. Nonsupport of child by parent as misdemeanor–Felony where parent leaves state–Spiritual treatment–Unemployment. 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, […]
Section 25-7-16.1 – Cash bond for nonsupport applied to child support arrearages.
25-7-16.1. Cash bond for nonsupport applied to child support arrearages. Notwithstanding any provision of chapter 23A-43 to the contrary, any cash bond deposited with the court, whether or not personally posted by the defendant, to assure appearance of an individual charged with nonsupport of a child under §25-7-15 or 25-7-16 or subject to civil proceedings […]
Section 25-7-17 – Abandonment or nonsupport of child by parent as prima facie evidence of intent.
25-7-17. Abandonment or nonsupport of child by parent as prima facie evidence of intent. Proof of abandonment or desertion of a child by a parent, or the omission by a parent to furnish necessary food, clothing, shelter, medical attendance, other remedial care, or other means of support for his child is prima facie evidence that […]
Section 25-7-17.1 – Parent’s choice of health services permitted in legitimate practice of religious beliefs not violation of support requirements.
25-7-17.1. Parent’s choice of health services permitted in legitimate practice of religious beliefs not violation of support requirements. However, any parent who chooses nonmedical remedial health services recognized or permitted under state law in the legitimate practice of religious beliefs in lieu of medical attendance is not for that reason alone in violation of §§25-7-17 […]
Section 25-7-19 – Marital status and divorce decrees immaterial to criminal liability–Status of unborn child.
25-7-19. Marital status and divorce decrees immaterial to criminal liability–Status of unborn child. The provisions of §§25-7-16 to 25-7-20, inclusive, are applicable whether the parents of such child are married or divorced, and regardless of any decree made in any divorce action relative to alimony or to the support of the child. A child conceived […]
Section 25-7-2 – Liability for necessaries supplied to spouse.
25-7-2. Liability for necessaries supplied to spouse. If a person neglects to make adequate provision for the support of his or her spouse, any other person may in good faith supply the spouse with reasonable necessaries for the spouse’s support and recover the reasonable value thereof from that person, except in cases where by law […]
Section 25-7-20 – Parent’s criminal liability not relieved by other parent’s custody or support provided by others.
25-7-20. Parent’s criminal liability not relieved by other parent’s custody or support provided by others. This chapter may not be construed to relieve one parent from the criminal liability defined in §25-7-16 for an omission because the other parent of the child is legally entitled to the custody of the child nor because the other […]
Section 25-7-20.1 – Complaint for nonsupport signed by representative of department.
25-7-20.1. Complaint for nonsupport signed by representative of department. When any payment of public moneys has been made by the Department of Social Services, under the provisions of this chapter for the support or aid of any person, any representative of the department may sign a criminal complaint against that person for any violation of […]
Section 25-7-22 – Communications not privileged in nonsupport prosecutions–Husband and wife as witnesses.
25-7-22. Communications not privileged in nonsupport prosecutions–Husband and wife as witnesses. In all prosecutions under §25-7-4 or under §§25-7-16 to 25-7-20, inclusive, any existing provisions of law prohibiting the disclosure of confidential communications between husband and wife shall not apply, and both husband and wife shall be competent to testify to any and all relevant […]
Section 25-7-23 – Abandonment and nonsupport of spouse or children as prima facie evidence of intent.
25-7-23. Abandonment and nonsupport of spouse or children as prima facie evidence of intent. Proof of the abandonment and nonsupport of a spouse, or of the omission to furnish necessary food, clothing, shelter, or of medical attendance for a child or children is prima facie evidence that such abandonment and nonsupport or omission to furnish […]
Section 25-7-24 – Release on undertaking to support spouse or child–Amount and terms of undertaking.
25-7-24. Release on undertaking to support spouse or child–Amount and terms of undertaking. If after arrest and before trial or after conviction and before sentence, the party arrested or convicted pursuant to §25-7-4 or §§25-7-16 to 25-7-20, inclusive, shall appear before the court in which the case is pending or the conviction had and enter […]
Section 25-7-25 – Cancellation of undertaking for support on demonstration of good faith.
25-7-25. Cancellation of undertaking for support on demonstration of good faith. The undertaking shall remain in force so long as the court deems necessary, but whenever it shall appear to the court, by affidavit or otherwise, that the defendant is then, and for a reasonable time prior thereto has been in good faith, furnishing his […]
Section 25-7-26 – Arrest and forfeiture of undertaking on failure to comply–Trial–Commitment or release on new undertaking.
25-7-26. Arrest and forfeiture of undertaking on failure to comply–Trial–Commitment or release on new undertaking. If a defendant fails to comply with the undertaking, he or she may be arrested on a warrant issued from the court in which the case is pending or the conviction was had. The court may thereupon order a forfeiture […]
Section 25-7-26.1 – Posting bond by obligor–Notice.
25-7-26.1. Posting bond by obligor–Notice. In any civil or administrative action provided by law for the enforcement of support, any person owing the support may be required to give security, or post a bond or undertaking to secure payment of the overdue support. Notice shall be sent to the obligor regarding the proposed action to […]