BIRCHFIELD v. BIRCHFIELD

No. 15789.

417 N.W.2d 891 (1988)

Darlyn BIRCHFIELD, Plaintiff and Appellee, v. Marvin Kelly BIRCHFIELD, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 13, 1988.


Attorney(s) appearing for the Case

Lynn A. Moran, Moran Law Offices, Custer, for plaintiff and appellee.

Kenneth R. Dewell, Hot Springs, for defendant and appellant.


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.

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