Section 25-7-30 – Proof of marriage and parentage.
25-7-30. Proof of marriage and parentage. No other evidence shall be required to prove marriage of husband and wife, or that a person is the lawful father or mother of a child or children, than is or shall be required to prove such facts in a civil action. Source: SDC 1939, §13.3207 as enacted by […]
Section 25-7-37 – Chronically delinquent defined.
25-7-37. Chronically delinquent defined. For the purposes of §25-7-38, the term, chronically delinquent, means the child support is paid ten or more days after the date the child support is due in each of three or more months in any twelve-month consecutive period, or the child support paid is less than ninety percent of the […]
Section 25-7-38 – Late fee for certain chronically delinquent child support payments.
25-7-38. Late fee for certain chronically delinquent child support payments. An obligor found to be chronically delinquent in child support payments or installments as required under an order for support, as defined in §25-7A-1, is subject to a late payment fee equal to ten percent of the ordered child support or fifty dollars, whichever is […]
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 25-7-20 – 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 […]