Huth v. Hoffman

Although I concur with the result of this opinion, the facts and language of this opinion deserve an elaboration.

First, this Court could rely upon Hahne v. Hahne, 444 N.W.2d 360 (S.D.1989), for the reason that the monthly child support, while the father was in the South Dakota State Penitentiary, was not established in the instant proceeding. In essence, an issue, namely child support, was “an existing fact;” in the holding of Hahne, it was an “existing fact which was either known or should have been known and litigated.” Hahne at 363. The majority opinion states: “The existence of this child…