Heumiller v. Heumiller
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A father petitioned to modify his child support obligation, requesting that his future payments be reduced to account for overpayments he made after his two eldest sons graduated from high school and reached the age of majority. Concluding that this request would result in a retroactive modification of child support in violation of S.D. Codified Laws 25-7-7.3, the referee denied any reduction for amounts overpaid before the petition was filed. The circuit court adopted the referee's report. The Supreme Court affirmed, holding that the circuit court did not err when it interpreted section 25-7-7.3 to prohibit retroactive reduction of the father's future support obligation to account for his overpayments.
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