Birchfield v. Birchfield

MILLER, Justice.

This is an appeal from the modification of a divorce decree requiring a father to make child support payments on behalf of a son beyond son’s nineteenth birthday, until he graduates from high school. We reverse and remand.

At issue is the constitutionality of SDCL 25-5-18.1 and, if constitutional, whether said statute sets the outside age limits for which a trial court may require support payments in a divorce action.

FACTS

The parties were divorced by a decree of divorce entered on January 2, 1984. They had four minor children at that time. In the original divorce decree, Mother…