Grunewaldt v. Bisson

494 N.W.2d 193, 1992 S.D. LEXIS 165, 1992 WL 380818
CourtSouth Dakota Supreme Court
DecidedDecember 23, 1992
Docket17883
StatusPublished
Cited by18 cases

This text of 494 N.W.2d 193 (Grunewaldt v. Bisson) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grunewaldt v. Bisson, 494 N.W.2d 193, 1992 S.D. LEXIS 165, 1992 WL 380818 (S.D. 1992).

Opinions

AMUNDSON, Justice.

Dean Bisson (father) appeals a trial court order denying a request for child support from Doris Grunewaldt (mother). We reverse and remand.

FACTS

Father and mother were divorced in 1985. At the time of the divorce, they had two children: a son, now age 17; and, a daughter, now age 16. The judgment and decree of divorce awarded mother custody of both children subject to father’s visitation rights. Father was ordered to pay child support in the amount of $150 per month per child.

Father was disabled in 1986 and began receiving $233 per month per child in Social Security Disability Benefits. The parties stipulated to an order in December 1986 that provided in pertinent part, “[father] shall pay to [mother] as reasonable child support those benefits the children are entitled to receive because of [father’s] disability and eligibility for Social Security benefits and shall execute all documents necessary to have the benefits paid directly to [mother].” After this time, father gave the children’s Social Security checks directly to mother and ceased all other child support payments.

In 1990, father was awarded the custody of the parties’ son after a change in custody proceeding. At that time, father began keeping one of the Social Security disability checks every month for the son’s support. However, he continued to give the other check to mother for their daughter’s support.

In January 1992, father instituted proceedings to obtain custody of the parties’ daughter. In his application for the custody change, father requested, “that the court determine the proper amount of child support that [mother] should pay to [father] based upon the present and current earnings of the parties, and that such payments be made directly to the clerk of courts beginning immediately.”

The parties subsequently entered into a stipulation of facts in which mother agreed to relinquish custody of their daughter to father. The stipulation further provided:

That at the present time each party has been receiving the sum of Two Hundred Thirty-three Dollars ($233.00) per month for the support and maintenance of each minor child from Social Security as the result. of the disability of [father], [Mother] has agreed to permit [father] to receive each of those checks, as [father] will now have custody of both minor children.
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That based upon the foregoing facts, the parties request the court to determine whether or not [mother] is required to provide additional child support to [father] under the provisions of SDCL 1967 25-7-6.

On March 9, 1992, the trial court entered its findings of fact and conclusions of law. The court held that, “having reviewed the pertinent facts [the court] determines that no additional child support needs to be paid to [father].” No legal rationale for this conclusion was offered in the trial court’s findings, conclusions or memorandum opinion. The trial court entered its order that no additional child support needed to be paid by mother and father appeals.

ISSUE

WHETHER THE TRIAL COURT ABUSED ITS DISCRETION IN HOLDING THAT MOTHER NEED NOT PAY CHILD SUPPORT TO FATHER?

This court’s standard of review in child support cases is whether the trial court abused its discretion in setting the support. Nelson v. Nelson, 454 N.W.2d 533 (S.D.1990). In this review, we do not determine whether we would have made an original like ruling, but whether a judicial mind, in view of the law and circumstances of the particular case, could reasonably have reached such a conclusion. Id.

[195]*195Johnson v. Johnson, 468 N.W.2d 648, 650 (S.D.1991). Here, in view of the applicable law, we hold that the trial court did abuse its discretion in determining mother should be free of any child support obligation over and above the Social Security Disability Benefits received by the children.

It is a matter of settled law that SDCL 25-7-7 sets forth, “mandatory guidelines” which courts must follow in setting child support. Bruning v. Jeffries, 422 N.W.2d 579, 580 (S.D.1988). See also Studt v. Studt, 443 N.W.2d 639 (S.D.1989) (SDCL 25-7-7 provides mandatory guidelines for establishing child support so long as an obligor’s monthly net income does not exceed $1,500). There can be no deviation from the guidelines unless there is an entry of specific findings regarding the factors allowing deviation. Bruning, supra. Although SDCL 25-7-7 was repealed in 1989 and replaced with SDCL 25-7-6.2, the mandate of the guidelines remains the law. Johnson v. Johnson, 451 N.W.2d 293 (S.D.1990). “Current child support should be based on the new guidelines at SDCL 25-7-6.2; any deviation from those guidelines must be based on the factors listed in SDCL 25-7-6.10.” Id. at 296 (emphasis added).

When father moved for a modification of prior trial court orders concerning the mutual child support obligation of the parties, all aspects of child support were opened for examination. Brandriet v. Larsen, 442 N.W.2d 455 (S.D.1989). The mandatory nature of the child support guidelines and this reopening of the issue required the trial court to modify the parties’ mutual child support obligation in accordance with the guidelines even absent the change in circumstance that took place in this case. See, Johnson, 468 N.W.2d 648 (child support orders in effect before July 1, 1989 may be modified in accordance with the child support schedules even absent a showing of changed circumstances). This required the trial court to enter findings of fact and conclusions of law on: each party’s net monthly income; the parties’ combined net monthly income; the percentage contribution of each party to their combined net monthly income; and, each party’s child support obligation calculated according to the applicable figure in the guidelines and each party’s percentage contribution to their combined net monthly income. See, SDCL 25-7-6.2, 25-7-6.3.

None of the findings of fact and conclusions of law mentioned above were entered in this case. The trial court did find that mother had a net income of $801 per month.

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Grunewaldt v. Bisson
494 N.W.2d 193 (South Dakota Supreme Court, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
494 N.W.2d 193, 1992 S.D. LEXIS 165, 1992 WL 380818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grunewaldt-v-bisson-sd-1992.