South Dakota Supreme Court
Michael J. Whalen, Appellant v. Dianne M. Whalen, Appellee
August 19, 19921992 S.D. LEXIS 123
Summary
The court affirmed dismissal of the husband's petition to modify child support because extended visitation and alimony payments were contemplated when the parties entered their stipulation and therefore did not establish a post-decree change in circumstances. It also upheld the referee's authority to impose transcript costs, but reversed and remanded the denial of the wife's trial-level attorney fees because the required financial factors were not considered, while awarding appellate attorney fees. Henderson, Justice, dissenting, would have reversed the child-support ruling because the original amount and alimony deduction allegedly reflected legal errors.