South Dakota Supreme Court
In the Matter of the Support Obligation of David Loomis, Absent Parent
November 18, 19981998 S.D. LEXIS 116
Summary
The court held that the mother's fourteen-year delay in notifying the father of his child, together with the resulting prejudice, barred her claim for retroactive child support under both laches and equitable estoppel. It interpreted the six-year statutory recovery limit as restricting the period of recoverable support but not eliminating equitable defenses. The court therefore reversed and remanded for entry of an order denying retroactive support. Justices Konenkamp and Gilbertson, dissenting, would have preserved the child's claim and addressed hardship through a reduced award or payment schedule.