South Dakota Supreme Court
Delores v. Herndon, Plaintiff and Appellee, v. Donald L. Herndon, Defendant and Appellant
May 20, 19811981 S.D. LEXIS 275
Summary
The court affirmed the denial of the appellant’s motion to reduce child support and terminate alimony because he failed to show a sufficient change in circumstances since the prior modification hearing. Although his income had declined and the former marital property had appreciated, the evidence showed that his hand condition was unchanged and that he had continued practicing for several years before selling his practice. Henderson, J., concurring in part and dissenting in part, would have reversed the denial of an alimony reduction based on the parties’ relative financial positions and the appellant’s impaired ability to earn.