Either parent may file a petition or motion to modify a child support order—upward or downward—but usually only when there is a substantial change in the child’s needs, or in one or both of the parents’ incomes or net resources, that justifies the court revisiting and possibly modifying the earlier child support order.

The petition or motion to modify child support generally must be filed in the same court that issued the original or most recent child support order. But if the child lives in a different county or state, the courts of the county or state where the child lives may be the proper place to file a petition or motion to modify a child support order.

In South Dakota, either parent has the right to request a modification of a child support order if there has been a substantial change in circumstances. This change could be related to the child's needs or a significant shift in the financial situation of either parent. To justify a modification, the change must be such that it would affect the amount of support required. The request for modification, typically filed as a petition or motion, should be submitted to the court that originally issued the child support order. However, if the child has since moved to a different county or state, the petition may need to be filed in the jurisdiction where the child currently resides. The court will then review the petition to determine if a modification of the child support order is warranted based on the evidence presented.