Linard v. Hershey

SABERS, Justice.

Subsequent to this court’s decision in Linard v. Hershey, 489 N.W.2d 599 (S.D.1992), Patricia Linard (Linard) filed a Motion to Modify Child Support Payments Based Upon Current Earnings. Following an evidentiary hearing, the circuit court entered an Order Setting Child Support increasing Brooke Hershey’s (Hershey) child support payments from $116.60 per month to $490.00 per month. Hershey’s Motion for New Trial was denied. Hershey appeals.

SDCL 15-6-52(a) provides in part:

In all actions tried upon the facts without a jury or with an advisory jury, the court shall unless waived…