Wiseman v. Wiseman
Annotate this CaseIn 2008, the circuit court entered an order for child support wherein Father would pay Mother child support. In 2010, the circuit court lowered Father’s child support obligation. In May 2012, Mother petitioned the circuit court for a modification of child support. A child support referee ordered Father to pay Mother an additional $1,008 in child support per month since October 2009. The circuit court reversed the referee’s decision, concluding that the child support obligation could not be retroactively modified prior to May 2012 pursuant to S.D. Codified Laws 25-7-7.3, which prohibits retroactive modification of past due child support. The Supreme Court affirmed, holding that Father’s past due payments were not retroactively modifiable prior to May 2012.
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