866 N.W.2d 550
S.D.2015Background
- Parents lived together, had two children, never married; both paid one-half of mortgage while together; after separation mother had physical custody and stayed in the house; father moved out but continued paying one-half of the mortgage and later split sale proceeds equally with mother.
- Mother sued to establish child support and arrearages; referee calculated guideline arrearages but recommended offsets (credits) for father’s expenditures while absent — including mortgage payments, food, clothing, and school supplies — resulting in no arrears.
- The circuit court adopted the guideline amount for ongoing support (not appealed) but rejected the referee’s recommended credits for mortgage payments and for food, while allowing credits for clothing and school supplies.
- Father appealed the disallowance of credits: $25,517.97 alleged mortgage-credit and $2,241.08 alleged food-credit.
- The Supreme Court reviewed the referee’s factual findings for clear error and legal conclusions de novo; it concluded the referee’s credibility findings and legal treatment of mortgage payments were correct.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (Father) | Held |
|---|---|---|---|
| Whether mortgage payments made to lender while absent count as "maintenance, education, and support" credit against arrearages | Mortgage payments to bank are separate contractual obligations and benefit father (equity/tax); not creditable as support | Mortgage payments provided housing for custodial parent and children and thus constitute maintenance/support under SDCL 25-7-6.1 | Mortgage payments qualify as credit for support; circuit court erred in denying credit; case reversed and remanded to adopt referee recommendation |
| Whether receipts and testimony showing father purchased food for children warrant a credit against arrearages | Denies that father provided food; court should reject referee’s credibility finding | Presented receipts and testimony showing purchases for children; referee found mother not credible | Referee’s credibility finding that father bought food was not clearly erroneous; circuit court erred in overturning it; credit allowed |
| Standard of review for referee findings | N/A | N/A | Findings of fact by referee reviewed for clear error; credibility determinations are for the factfinder and should not be disturbed absent definite and firm conviction of mistake |
Key Cases Cited
- Huffaker v. Huffaker, 823 N.W.2d 787 (S.D. 2012) (housing provided by absent parent can constitute maintenance and support)
- Wilson v. Wilson, 434 N.W.2d 742 (S.D. 1989) (support and maintenance includes food, clothing, habitation and other necessities)
- Knudson v. Utah State Dep’t of Soc. Servs., 660 P.2d 258 (Utah 1983) (housing payments can offset support obligations)
- Kauth v. Bartlett, 746 N.W.2d 747 (S.D. 2008) (standard: referee findings reviewed for clear error; legal conclusions reviewed de novo)