Get Answers to Your Highest Priority South Dakota Legal Questions
Have questions? We have answers! Our South Dakota attorneys answer the questions they hear most often from clients just like you.
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I am a business owner who has received a judgment in Iowa against a South Dakota resident. Is this considered a "foreign judgment"?
Yes. Under South Dakota law, a "foreign judgment" is any judgment, decree, or order of a court of the United States or any of the several states which is entitled to full faith and credit in South Dakota.
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I own a business in Iowa and have received a judgment from an Iowa court against a business in Sioux Falls. How can I enforce this Iowa judgment in Sioux Falls?
South Dakota has adopted the Uniform Enforcement of Foreign Judgments Act. You will need to follow the requirements of this Act to enforce your Iowa judgment in South Dakota.
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I am a business owner in Sioux Falls and believe I may have been the victim of fraud that took place four years ago. In South Dakota, when does the statute of limitations for a cause of action for fraud start?
Under South Dakota law, in an action for relief on the ground of fraud, the cause of action shall not be deemed to have accrued until the aggrieved party discovers, or has actual or constructive notice of, the facts constituting the fraud.
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I live in Sioux Falls and need to obtain the signature of a Minnehaha County judge, but there is no judge available. What can I do?
Under South Dakota law, when an attorney or litigant is in immediate need of a judicial signature and no appropriate circuit judge or magistrate judge is present or available, the signature may be acquired in the following manner: (1) the attorney or litigant may telephonically contact a circuit judge or magistrate judge who has jurisdiction and relate to such judge the verbatim contents of the document requiring signature. If the judge approves the document, the judge shall telephonically contact the clerk of courts and authorize that official to sign the document on his behalf; or (2) the attorney or litigant may contact the clerk of courts who shall then attempt to contact an authorizing judge and read the proposed document verbatim to ascertain whether such judge will authorize the clerk to sign for him. The document shall clearly show the signing of the signature by the authorized official. Although a signature acquired by this procedure shall have the same force and effect as if the judge had signed personally, a copy shall be forwarded to the authorizing judge for co-signing. The co-signed document shall be filed with the clerk of courts. The authorizing judge shall also endorse on the co-signed copy the reasons for authorizing the foregoing procedure.
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My ex-husband and I were divorced in Rapid City. We both now live in Sioux Falls. An issue has arisen regarding our divorce. Do we both have to go back to Rapid City to have this heard by a judge?
In South Dakota, a court may change the venue of trial or hearing in postjudgment divorce, paternity, or separate maintenance actions if:
(1) The parties no longer reside in the county where the action was decided; or
(2) The parties agree; or
(3) Convenience of witnesses or the ends of justice would be promoted by the change. -
Has Watertown banned texting-while-driving?
Yes. Watertown has a implemented a local texting-while-driving ban. A proposed statewide ban failed in the South Dakota Legislature earlier in 2013.
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My minor child receives social security benefits as a result of my ex-spouse's disability. How does this impact my ex-spouse's South Dakota child support obligation?
Under South Dakota law, if a minor child receives social security or veteran's dependent benefits as a result of the obligor's disability, or social security retirement benefits from the obligor, the obligor is entitled to a credit to the amount of the monthly support obligation.
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I live in Sioux Falls with my 13-year old daughter. I have just taken a second job to help "make ends meet." What impact will this second job have on a South Dakota child support obligation?
In South Dakota, if a parent is employed full-time at a rate of pay that equals or exceeds the state's minimum wage, it is presumed that a parent's second job income is not to be considered in establishing a support obligation. However, this presumption may be rebutted by evidence that the income source was available to pay expenses related to the child when the parent initially became obligated for the support of the child.
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My ex-spouse and I live in Harrisburg. We recently agreed to change the custody arrangement for our 12-year old son. We really don't want to pay a lawyer to go back to court and get the judge's approval. What impact would this custody change have on the South Dakota child support order?
Under South Dakota law, if the parents of a child have agreed to a change in the physical custody of the child without the court's approval, the parent who relinquished physical custody may be ordered to pay child support to the parent who gained physical custody of the child even though the custody order has not been modified to reflect the change in custody.
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My ex-spouse and I live in Sioux Falls. I am trying to modify our current child support order. However, she refuses to give me her current financial information. What can I do?
In South Dakota, if a parent in a child support modification proceeding fails to furnish income or other financial information, the parent is in default, and that parent's income for determining child support is computed at a rate not less than the most recent annual pay standard as reported by the Department of Labor and Regulation.