Dennis Sharp, Appellant v. Verna Sharp, Appellee

Summary

The South Dakota Supreme Court affirmed the circuit court’s affirmation of the Department of Social Services’ order increasing child support, holding that the trial court correctly denied the appellant’s claimed deductions and that a child‑support agreement in a divorce decree may be modified under SDCL 25‑7A‑22. The Court declined to address the constitutional challenge to the statutes because it was raised for the first time on appeal without notice to the attorney general. Justice Henderson dissented, arguing the statutes are unconstitutional and the Court should have decided the issue.