Guidelines for imposition of liens.
Effective Jan 6, 201541 SDR 108Source: 13 SDR 34, effective September 29, 1986; 24 SDR 72, effective November 30, 1997; 41 SDR 108, effective January 6, 2015. | General Authority: SDCL 28-7A-3(9). | Law Implemented: SDCL 25-7-6.20 , 28-1-65 , 28-1-66 , 28-7A-3(9) , 28-20-1.
The filing of a lien by the department for overdue support obligations on the real or personal property of a noncustodial parent in this state is not required in the following instances:
- (1) A judgment has been entered and filed;
- (2) The property is exempt from execution;
- (3) The overdue support obligation is being enforced by withholding of income or another remedy;
- (4) The overdue support obligation is being paid under the terms of a court or administrative order;
- (5) The noncustodial parent has no property on which a lien may be attached; or
- (6) The noncustodial parent has posted a bond or other security.
Source: 13 SDR 34, effective September 29, 1986; 24 SDR 72, effective November 30, 1997; 41 SDR 108, effective January 6, 2015.
General Authority: SDCL 28-7A-3(9).
Law Implemented: SDCL 25-7-6.20 , 28-1-65 , 28-1-66 , 28-7A-3(9) , 28-20-1.
Prior versions effective: 1997-11-30.