S.D. Admin. R. 67:18:01:49.02

Current through Register Vol. 51, page 57, November 12, 2024

Section 67:18:01:49.02 - Guidelines for posting of bond or other security

The posting of a bond or security to secure the payment of overdue support obligations of an absent parent is not required in the following instances:

(1) The amount of the overdue support obligation is less than $1,000;

(2) The absent parent is unemployed or unemployable;

(3) The absent parent has no assets subject to execution;

(4) The overdue support obligation is being paid according to the terms of a court or administrative order;

(5) The overdue support obligation is being enforced by withholding of income or by another remedy; or

(6) A judgment or lien has been filed.

If posting of a bond is not possible, other forms of security or guarantee may be used, such as an escrow account, impoundment of assets, cash bond, letter of credit, promissory note, cosigner, trust, receivership, blocked bank account, or life or disability insurance.

When a bond or other security is required, the department shall give the absent parent 10 days written notice. An absent parent wishing to contest this requirement must request an administrative hearing within this 10-day period. Hearings shall be conducted according to chapter 67:17:02.

S.D. Admin. R. 67:18:01:49.02

13 SDR 34, effective 9/29/1986; 24 SDR 72, effective 11/30/1997.

General Authority: SDCL 28-7A-3(9).

Law Implemented: SDCL 25-7-26.1, 28-1-65, 28-1-66, 28-7A-3(9).