High court denies area man’s plea for lower child supportSALEM — The South Dakota Supreme Court has ruled a judge was correct in denying a McCook County man’s request to have his child support payments reduced.
By: Chris Mueller, The Daily Republic
SALEM — The South Dakota Supreme Court has ruled a judge was correct in denying a McCook County man’s request to have his child support payments reduced.
When Douglas Heumiller and his ex-wife, Nicole Heumiller, now Nicole Snyders, divorced in April 2010, it was agreed Heumiller would pay $1,238.36 per month to support the couple’s three children, the ruling says. Heumiller continued to make those payments after two of his three children turned 18 years old and graduated high school, meaning he was no longer legally required to pay support for those children.
Heumiller asked a circuit court to lower his payments to reflect his past overpayments. Heumiller’s monthly payment was reduced to $699, but the court refused to lower the payments further to compensate for the times he paid the original $1,238.36 payment after two of his children no longer qualified for support.
Heumiller appealed the decision.
The Supreme Court ruled Heumiller should himself have requested his payments be modified as soon as he was no longer required to pay support for one or more of his children. In addition, the Supreme Court pointed out there was no agreement between Heumiller and Snyders for any “credit or offset” as was requested by Heumiller.