Any previously ordered support payments that have become due, whether paid or unpaid, are not subject to modification by a court or administrative entity of this state, except those accruing in any period in which there is pending a petition for modification of the support obligation, but only from the date that notice of hearing of the petition has been given to the obligee, the obligor, and any other parties having an interest in such matter.
S.D. Codified Laws § 25-7-7.3
Previously ordered support payments not subject to modification--Exception
Applied in 28 court decisions — leading case Kier v. Kier (1990)
Most recently applied in Peery v. Peery (October 2025)
Source: SL 1987, ch 190; SL 2013, ch 119, § 3.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.