PETERSON V. PETERSON 434 N.W.2d 732 (S.D. 1989) CASE BRIEF

PETERSON V. PETERSON

434 N.W.2d 732 (S.D. 1989)

NATURE OF THE CASE: Appellant, W, sought review of a judgment of the Circuit Court of the Second Judicial Circuit, Minnehaha County (South Dakota). That judgment terminated her alimony from H because she had been remarried but increased the amount of child support.

FACTS: H and W were married on August 12, 1967. They had two children who are now 11 and 14 years old. W applied for the divorce after 17 years of marriage. It was granted on May 2, 1985. W got custody of the children, and H was to pay $250 per month, per child, for the support of the children. W got one-half of the property amassed during the marriage through the joint efforts of the parties, and 30 per cent of the property which had been donated to Gregory by his father. H also received, as part of the property award, $115,063 in cash. Her total property award was $329,858. H was also ordered to pay as alimony the sum of $1,000 per month for a seven-year period starting with the first month after the entry of judgment herein, . . . after said seven-year period, (Gregory) shall pay to (Janey) $500 per month, . . . for an additional 10 years unless during this last 10-year period (Janey) dies or remarries, at which time this portion of the alimony shall cease. H learned that W remarried on August 1, 1987 and H petitioned the court to terminate his alimony. W countered with a motion to adjust upward the amount of child support Gregory was required to pay. The trial court upped the child support to $665 and H's obligation to pay alimony was cancelled. W appealed; the trial court misinterpreted SDCL 25-7-7 when it failed to include certain items in Gregory's gross income in determining support.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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