South Dakota Codified Laws 25-8-8. Agreement on father’s liability not binding unless judicially approved–Other remedies barred when approved and performed
An agreement or compromise made by the mother or child or by some authorized person on their behalf, with the alleged father concerning the support of the child born out of wedlock is binding upon the mother and child only if adequate support is secured by payment, or otherwise, and if approved by a court having jurisdiction to compel support of the child.
The performance of the agreement, when approved, bars other remedies of the mother or child for the support of the child.
Terms Used In South Dakota Codified Laws 25-8-8
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Statute: A law passed by a legislature.
The approval by the court shall be entered by the court as a judgment of paternity and order for support, and the judgment and order are enforceable as provided by law. An agreement which does not meet the requirements of this statute is void.
Source: SDC 1939 & Supp 1960, § 37.2126; SL 1984, ch 190, § 8.