Linge v. MeyerinkAnnotate this Case
When Husband and Wife divorced, Wife retained custody of their two children, and Husband paid child support. Wife later sought modification of Husband's obligation. Husband requested a deviation from the child support guidelines because of his financial condition caused by the medical expenses of his wife, who suffered from serious medical problems. Based on Husband's financial condition, the referee allowed a downward deviation from the scheduled support obligation pursuant to S.D. Codified Laws 25-7-6.10(2). The circuit court adopted the referee's recommendation, finding that without the requested deviation, Husband could not meet his financial obligations. The Supreme Court affirmed, holding that the referee and circuit court did not abuse their discretion in reducing Husband's child support based on his financial condition because S.D. Codified Laws 25-7-6.10(2) allowed for the deviation in this case.