Sigler v. Sigler
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The Supreme Court reversed the judgment of the circuit court granting Father joint custody of the parties’ child and a shared parenting child support cross-credit.
At the time of their divorce, Mother and Father stipulated that Mother would have primary physical custody of the parties’ child. Five years later, Father filed a motion for change of child custody, support, and visitation, seeking a shared-parenting custody arrangement and application of a shared parenting child support cross-credit under S.D. Codified Laws 25-7-6.27. The circuit court allowed Father the cross-credit and ordered joint physical custody. In so doing, the court reduced Father’s child support payment to Mother from $442 per month to $25 per month. The Supreme Court reversed, holding that the court’s findings of fact did not support its conclusions of law, namely, that applying the cross-credit was appropriate in this case under the circumstances set forth in section 25-7-6.27.
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