Bonde v. Boland

KONENKAMP, Justice

(concurring in result).

[¶ 28.] Child support is a fundamental human right. Equitable defenses, such as laches and estoppel, which turn on the actions or inactions of parents, fail to consider the child’s rights. South Dakota’s statutory scheme creates a child-centered paradigm for resolving disputes between parents: where the protection and support of children are concerned, the faults and failings of the parents do not control. Under no circumstances can a child be held accountable for laches or estoppel. For these reasons, and for the additional reasons set out in my dissent in In Re Loomis, 1998 SD 113, 587 N.W.2d 427 (SD 1998), I concur in the result of this case.