Legal Opinion · Concurring in part, dissenting in part

Jacobson v. Jacobson

South Dakota Supreme Court

Decided May 3, 2000No. NonePublished

1Concurring in part, dissenting in partSabers, Justice

[¶ 35.] The trial court erred in modifying a bargained-for, court-approved Stipulation which allocated federal income tax dependent exemptions between the parties. Therefore, the trial court erred in modifying the Stipulation (Issue 1(a)) and in retroactively applying its decision to modify the Stipulation in the 1998 tax year (Issue 1(b)). Therefore, I dissent to Issue 1(a), but concur in Issue 1(b).

[¶ 36.] The trial court erred in modifying the parties’ agreement to allocate the federal income tax dependent exemptions, and abused its discretion in doing so.

[¶ 37.] Scott and Nancy Jacobson…

2Cases cited10 opinions

  1. Whalen v. WhalenSouth Dakota Supreme Court · 1992
  2. Jameson v. JamesonSouth Dakota Supreme Court · 1976
  3. Jameson v. JamesonSouth Dakota Supreme Court · 1981
  4. Voelker v. VoelkerSouth Dakota Supreme Court · 1994
  5. Sarver v. DatheSouth Dakota Supreme Court · 1989

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