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

1. (1) The amount of the overdue support obligation is less than $1,000;
2. (2) The noncustodial parent is unemployed or unemployable;
3. (3) The noncustodial parent has no assets subject to execution;
4. (4) The overdue support obligation is being paid according to the terms of a court or administrative order;
5. (5) The overdue support obligation is being enforced by withholding of income or by another remedy; or

6. (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 noncustodial parent 10 days written notice. A noncustodial 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.

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 25-7-26.1 , 28-1-65 , 28-1-66 , 28-7A-3(9).

Prior versions effective: 1997-11-30.