(specially concurring).
Is the rule of law clear and it’s application plain? Or the rule of law uncertain and the application alone doubtful?
ISSUE ONE
Rule of law is clear and its application is plain. See, Satumini and Dixon cited in majority opinion.
ISSUES TWO AND THREE
Per these decisions (stare decisis), trial court did not abuse its discretion in denying an increase of child support: State of Kansas, ex rel. Adams v. Adams, 455 N.W.2d 227 (S.D.1990); Peterson v. Peterson, 434 N.W.2d 732, 734 (S.D.1989); Havens v. Henning, 418 N.W.2d 311 (S.D.1988); Guindon v. Guindon, 256 N.W.2d 894 (S.D.1977). See also, statutes cited in my special writing in Earley v. Earley, 484 N.W.2d 125, 130 (S.D.1992) (Henderson, J., concurring in part; dissenting in part), specifically SDCL 25-7-6.10(2) wherein a circuit judge may consider “Any financial condition of either parent which would make application of the schedule inequitable.” Here, additionally, trial court considered SDCL 25-7-6.2 by establishing the child support obligation at an “appropriate level” after “taking into account the actual needs and standard of living of the child.” See, SDCL 25-7-6.9 for discretionary power vested where there is combined net income above the schedule set forth in SDCL 25-7-6.2. Designer clothes? Language camps? These are actual needs? Rule of law is certain and its application is plain to apply the facts. No abuse of discretion. Trial courts should be allowed to exercise their discretion. We should not turn a trial judge into a legal robot or automaton. Nelson v. Nelson, 454 N.W.2d 533, 538 (S.D.1990) (Henderson, J., concurring in result).
ISSUES FOUR AND FIVE
Concur. I would stand by precedent. See, Earley at 127-128. The circuit judge must take into account the actual needs and standard of living of the children and does not have to mathematically extrapolate from the guidelines. Earley cited to Peterson and Havens, on the proper standard of review: Did the trial court abuse its discretion in setting the award? Clearly, there is no abuse of discretion and we should apply our settled law to the facts at hand.