The South Dakota Supreme Court recently issued its decision in Wiseman v. Wiseman, upholding a trial court's ruling that past due child support payments were not retroactively modifiable under SDCL 25-7-7.3.
In its ruling, the Supreme Court held that South Dakota law expressly limits a court’s power to retroactively modify child support. It may only retroactively modify child support payments that accrue during the “period in which there is pending a petition for modification of the support obligation."
Swier Law Firm's Chris McClure represented the prevailing party before the Supreme Court.
