If a parent fails to make child support payments, the other parent may file a motion for contempt to bring the issue before the court. A motion for contempt—as the name implies—is based on the uncooperative party’s contempt for the judge/court’s child support order. Ignoring the court’s order will have serious potential consequences, including loss of custody or visitation rights, and payment of the other parent’s attorney fees and costs in filing the motion for contempt (coercive civil contempt). And in some cases of repeated failures to comply with the child support order, the court may punish the uncooperative parent with jail time (criminal contempt).
In South Dakota, if a parent fails to make court-ordered child support payments, the other parent has the right to file a motion for contempt to address the noncompliance. This motion is a formal request to the court to enforce the child support order and to penalize the non-paying parent for their disregard of the court's authority. The consequences of being found in contempt can be severe. They may include the loss of custody or visitation rights, the obligation to pay the other parent's attorney fees and costs associated with filing the motion, and other penalties designed to compel compliance with the support order (coercive civil contempt). In cases where there is a willful and repeated failure to pay child support, the court may impose even harsher sanctions, such as jail time (criminal contempt). These measures are intended to ensure that child support orders are taken seriously and to protect the financial interests of the child or children involved.