(specially concurring).
Had the trial court’s order prevailed, William would have been required to pay two insurance premiums — one through his employer and an additional $131.00 per month to Shirley earmarked for insurance. As Shirley and the children are fully covered under the first policy, paying a second premium would only constitute waste. Notably, the dissent side-stepped this arithmetic problem. Therefore, the trial court abused its discretion. Herndon v. Herndon, 305 N.W.2d 917 (S.D.1981).
William receives $1,680.00 per month in disability payments because he suffered an injury to his spine “which totally incapacitate[d] [him] from working at any occupation which brings him an income[.]” SDCL 62-4-6. See also SDCL 28-1-59; SDCL 62-4-7. Under these statutes, if he brings in an income, he loses disability payments. The reason behind these benefits is to provide an income where he is physically unable to do so. It is comforting that, despite his physical incapacitation, he is able to enjoy life, rather than remain lethargic.
In Grunewaldt v. Bisson, 494 N.W.2d 193, 196-97 (S.D.1992), I specially wrote to say that this Court was “tampering with a modification before the findings of fact had been made.” Such is not the situation here. Essentially, the trial court duplicated a form of support, thus causing William to unnecessarily double his insurance payments. We remand simply to correct this error.
It is necessary to address one other point. Citing magazine articles entitled “Deadbeat Dads” and “Battered Women — Why do they stay?” serves only to incite and skew the public’s view of the facts in this case. Shirley has not alleged that she is not receiving her monthly checks and insurance coverage. Shirley has never maintained that she is a battered woman. Deadbeat dad? Battered woman? Not so. The evidence in the record, plus 40 extensive single-spaced Findings of Fact, does not support these two conclusions. The dissent’s “authorities” may be 100% accurate, but are completely misplaced here as' they insinuate and illustrate a group of men to which William Schwab does not belong. Judicial function cannot operate in a factual vacuum, for, were it to do so, it would contain the antinomy of reason and fiat. Law must be considered as an application of reason to the governing of human affairs. We must apply legal precepts so that the Bench and Bar may determine our reasoning as to why a case has been decided as it has. It is difficult to apply magazine articles as a reasoned precedent.
Finally, Shirley does not claim that $700.00 per month child support is inadequate; nor does she complain that William should contribute more than 66% of the cost. Rather, she and the dissent are incensed by the fact that William has an “easier” method of making his contribution, if one is to label “total disability” as “easier.” By our decision, Shirley’s and William’s contributions per month remain at $238.00 and $462.00, respectively.