In re Estate of Foss

Summary

The Supreme Court of South Dakota affirmed the denial of a claim against an estate for unpaid child support arrearages. The court held that the ten-year statute of limitations applied because the Minnesota support order had not been registered or otherwise converted into a judgment of a South Dakota court, which would have qualified for the state’s twenty-year limitations period.

Holdings

1. The ten-year statute of limitations in SDCL 15-2-8 applies because Vnuck's claim was not an action upon a judgment or decree of a South Dakota court within the meaning of SDCL 15-2-6.

Questions Presented

1. Whether the ten-year statute of limitations in SDCL 15-2-8 or the twenty-year statute of limitations in SDCL 15-2-6 governed Vnuck's claim for child-support arrearages based on a Minnesota support order.

Disposition

affirmed