Erickson V. Erickson
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In the case before the Supreme Court of the State of South Dakota, the dispute involves a married couple, Michael Erickson and Tara Erickson, who got divorced and had a stipulation and agreement (the Agreement) incorporated into their divorce decree, to settle matters such as child support and custody. Tara claimed the couple's two minor children as dependents on her tax returns since 2018, believing the Agreement allowed her to do so. However, in 2022, Michael argued that he was entitled to claim the children as dependents per the Agreement's language and moved to enforce the Agreement and hold Tara in contempt. In turn, Tara moved to modify the divorce decree and Agreement, alleging a mistake in the language Michael cited.
The circuit court found that the provision of the Agreement upon which Michael relied was due to a drafting error, denied Michael’s requests, and granted Tara’s motion to revise the Agreement and her request for attorney fees. The Supreme Court of South Dakota affirmed in part, reversed in part, and remanded for further proceedings. The Court agreed with the circuit court that the Agreement was ambiguous and that, based on the parties' intent shown through parol evidence, Tara was meant to be the one to claim the children as dependents. Therefore, the Court found that Tara did not willfully disobey the court order as Michael alleged. However, the Court reversed the circuit court's award of attorney fees to Tara, finding that it did not make the necessary findings to support the reasonableness of the fees. The case was remanded for further proceedings on this issue.
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