Grothen v. Grothen
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The Supreme Court affirmed the decision of the court of appeals affirming the district court's order denying Timothy Grothen's application for modification of his alimony obligation in the decree dissolving his marriage to Martha Grothen, holding that the court of appeals reached the correct result when it affirmed the denial of modification of alimony.
In affirming the district court's order denying modification, the court of appeals concluded that because the original alimony award was agreed upon by the parties as part of a property settlement agreement, the alimony provision could not be modified in the absence of gross inequity or fraud. The Supreme Court affirmed, holding (1) the district court properly used the "good cause" standard set out in Neb. Rev. Stat. 42-365 and correctly determined that, under that standard, modification was not appropriate; and (2) the court of appeals erroneously review the district court's decision under a gross inequity standard but nevertheless reached the correct result when it affirmed the denial of modification of alimony.
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