S.D. Admin. R. 67:18:01:49.01 - Guidelines for imposition of liens

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.

Notes

S.D. Admin. R. 67:18:01:49.01

13 SDR 34, effective 9/29/1986; 24 SDR 72, effective 11/30/1997; 41 SDR 108, effective 1/6/2015.

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.

Liens, Pub. L. No. 104-193, § 368 (110 Stat. 2251) (August 22, 1996).