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Schmidt v. Schmidt

Supreme Court of South Dakota
444 N.W.2d 367 (S.D. 1989)


Richard Schmidt (defendant) and Chrisandra Schmidt (plaintiff) were divorced with three children. The divorce decree gave Ms. Schmidt custody of the children and ordered Mr. Schmidt to pay $375 per month in child support. This amount was based on the statutory child support guidelines based on Mr. Schmidt's monthly income of $1,250. Ms. Schmidt's monthly income was $1,582. Mr. Schmidt petitioned the court for custody of the oldest of the three children and a resulting reduction in child support obligations. The trial court granted Mr. Schmidt's petition for custody of the oldest child and reduced his child support obligations to $250 per month. The trial court calculated this amount by cancelling out Mr. Schmidt's custody of the oldest child and Ms. Schmidt's custody of one of the other two children; the trial court simply determined Mr. Schmidt's child support obligations as if there was one child. Mr. Schmidt appealed the child support amount, arguing that it was inconsistent with the statutory child support guidelines.

Rule of Law


Holding and Reasoning (Sabers, J.)

Concurrence/Dissent (Henderson, J.)

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