In Re the Support Obligation of Loomis

[¶ 47.] I respectfully dissent. To me this appeal presents three issues: (1) whether the doctrines of laches and estoppel are legally applicable in a case such as this and, if so (2) should they be applied to the facts of this case and, if not (3) did the trial court abuse its discretion in setting the arrearages at $14,000? As issues (1) and (2) have been extensively set forth by the majority and the dissent of Justice Konenkamp, my major concern is with issue (3).

[¶ 48.] SDCL 25-8-5 is the statute which authorizes a mother of a child born out of wedlock to recover “a reasonable share of the…