Child Support Referees

Find essential information about Child Support Referees, including duties, hearing processes, how to contact, and how to prepare for your case.

About Child Support Referees

In South Dakota, a child support referee's goal is to apply the statutes on calculating child support — including any abatements, allocation of expenses and shared parenting cross-credit — based on evidence given to the referee.

Child support referees are:

  • Licensed South Dakota attorneys experienced in child support cases
  • Appointed by the Court

Child support referees conduct an evidentiary hearing and submit a report and recommended order to a circuit judge who reviews the report and, if applicable, signs the order.

Child support referees can:

  • Only hear child support establishment and modification (existing order) cases assisted by DSS
  • Make recommendations to the Court on child support (only the Court may order)
  • Order a party to produce any relevant documents, including earning statements and federal income tax returns
  • Recommend dismissing the case for a petitioner's failure to appear

Find a Referee

Name
Address
Contact
Comment
Donald M. McCarty
1441 6th Street
Suite 200
Brookings, South Dakota 57006
Heather LaCroix
PO Box 632
806 Belfast
Yankton, South Dakota 57078

LaCroix Law Office

Kaleb Paulsen
400 North Main Avenue
Suite 201
Sioux Falls, SD 57104
Laura C. Rowe
Rowe Law and Mediation
1205 North Harrison Avenue, Suite 202
Pierre, SD 57501
Lee Ann Pierce
PO Box 524
316 4th Street
Brookings, SD 57006-0524
Randolph F. Stiles
PO Box 954
315 North Kimball Street
Mitchell, SD 57301
Ronda Miller
PO Box 66
513 Grant Street
Belle Fourche, SD 57717
Terri Lee Williams
Williams Law, P.C.
4956 5th Street, Suite 201
Rapid City, SD 57701
Thomas M. Keller
Keller Law Office, Prof. LLC
400 North Main Avenue, Suite 201
Sioux Falls, SD 57104
Timothy Dougherty
PO Box 2376
Sioux Falls, SD 57101-2376
Tom Weerheim
300 North Dakota Avenue
Suite 405
Sioux Falls, SD 57104

The Hearing

After a child support matter is assigned to a referee by the Court, the referee notifies the parties of the hearing date. The hearing is required by law. It allows the parties to present their case to the referee and submit evidence for the Court's decision. It also allows the referee to ask follow-up questions and explain the calculation.

The hearing is likely to be held telephonically. Failure to appear at the hearing or a failure to prepare could severely hurt your case.

Review the notice of hearing. Be sure to provide the financial info requested in the notice.

All documents requested must be given to the referee at least five days before the hearing to be considered.

If either party needs an interpreter or a disability accommodation, please notify the referee as soon as possible. 

All hearings are recorded so that they can be transcribed. The transcription is needed in case either party objects to the report/order's substance. The person who objects must pay for the cost of the transcript. 

Questions?

UJS - State Court Administration
500 E. Capitol Ave.
Pierre, SD 57501
Phone: 605-773-3474

DOs

  • Do read the entire Notice of Hearing. Follow it fully!
  • Do ensure that the financial information you provide is accurate and complete.

DON'Ts

  • Don't ignore the deadline for filing documents and evidence. If late, they can be rejected.
  • Don't be unrealistic. Law and clear financial information are usually not debatable. Instead, object if the calculation or a fact on which the calculation relies is wrong.

Complaints & Concerns

Child Support referees are agents of the Court. Referees are also subject to rules of conduct applicable to all lawyers and judges. Taken together, this means the referee's report to the Court should be accurate. It also means that the referee should act professionally with the parties. If you believe that there are issues with the referee's report, you may object.

If the referee acted unprofessionally, you may file a complaint.

A party must file an objection with the Court within 10 days from the date they are served the report. The other party may file additional objections within five days of receiving notice of the first party's objection(s).

An objection must:

  1. Be in writing
  2. Specify the portion of the report that is wrong 
  3. Specify in law or fact why it is wrong. 

If an objection is made, the Court will set a hearing date on the objection. The record of the hearing and the exhibits provided by the parties will govern the Court's decision.

A party may call State Court Administration at 605-773-3474 with their complaint. A staff member will review the complaint. All reviews and action taken are confidential. Such actions may include nonrenewal or termination of the referee's contract.

Further Research

State law defines much of what a Referee does and their authority. The following statutes may be helpful background:

Contact DSS-DCS

The South Dakota Department of Social Services - Division of Child Support and its website can be a resource for information on establishing, modifying and enforcing child support orders.

For more information, visit the Division of Child Support website.

Visit DSS Child Support