Heumiller v. Heumiller

[¶ 20.] I respectfully disagree with the Court’s reasoning. There is a substantial difference between accrued obligations and past due payments; and SDCL 25-7-7.3 only prohibits retroactive modification of “past due support payments.” (Emphasis added.) The Court, however, reasons that it is “immaterial” that Douglas fully paid his support payments when due; i.e. that he had no past due support payments. Supra ¶ 8. In the Court’s view, the only relevant question is whether any support obligation “accrued.” Supra ¶ 8.

[¶ 21.] “[W]ords in a statute are to be understood in their ordinary sense,”…