Opinion

Arneson v. Arneson

  • 670 N.W.2d 904
  • 2003 SD 125
  • 2003 S.D. LEXIS 155
Court
South Dakota Supreme Court
Filed
Oct 15, 2003
Status
Published
Author
Sabers
On the bench
Konenkamp, Gilbertson, Zinter, Meierhenry, Sabers
Cited by
61 cases
Authority
More cited than 0.2%

holding that medical malpractice structured settlement payments were income and collecting cases from other jurisdictions

How later courts described this case

  • holding that medical malpractice structured settlement payments were income and collecting cases from other jurisdictions
  • stating that even if the structured settlement payments were not “income” for purposes of calculating a parent’s child support obligation, those payments were assets, and thus, could still be considered
  • stating that abuse of discretion “is a fundamental error of judgment, a choice outside the range of permissible choices, a decision, which, is arbitrary or unreasonable”
  • concluding trial court did not abuse its discretion when “the court properly considered the *80 relevant factors in making its custody determination”

Written by the judges who cited it.

The opinion

SABERS, Justice

(concurring on Issues 1, 2, and 4 and concurring in result on Issue 3).

[¶ 42.] I concur in result on Issue 3 because Travis wholly failed to establish that the trial court abused its discretion in determining that his structured settlement was income under the child support provisions. As we noted in Peterson, SDCL 25-7-6.3 was intended to be inclusive and to “encompass other, unlisted sources of income.” Peterson, 2000 SD 58 at ¶ 21 , 610 N.W.2d at 72 (citing Hautala v. Hautala, 417 N.W.2d 879, 881 (S.D.1988) (additional citations omitted)).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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