MILLER v. JACOBSEN

Nos. 23630, 23649.

714 N.W.2d 69 (2006)

2006 SD 33

Kimberly Kay Spieker MILLER, f/k/a, Kimberly Kay Jacobsen, Plaintiff and Appellee, v. Todd Wayne JACOBSEN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 5, 2006.


Attorney(s) appearing for the Case

Nancy L. Oviatt of Green, Roby, Oviatt, Cummings & Linngren, Watertown, South Dakota, Attorneys for plaintiff and appellee.

Rebecca L. Morlock Reeves of Wiles and Rylance, Watertown, South Dakota, Attorneys for defendant and appellant.


GILBERTSON, Chief Justice.

[¶ 1.] Kimberly Kay Spieker Miller (Kimberly) filed a motion seeking modification of a child support obligation order and divorce decree from Todd Wayne Jacobsen (Todd). The trial court found facts sufficient to warrant an increase in Todd's child support obligation but denied Kimberly's motion to modify the divorce decree. We affirm on Issues 1, 2, 3, and 5 and remand Issue 4 to the trial court for a determination of when an upward...

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