Peterson v. Peterson

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

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Nature of the Case

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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 percent 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 canceled. 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.