Parish v. Parish
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The Supreme Court reversed the judgment of the district court dismissing Appellant's motion to modify alimony for lack of subject matter jurisdiction, holding that the district court had jurisdiction to consider the motion to modify alimony.
The parties in this case were divorced by consent decree that awarded Appellant alimony that could be modified if Appellee accepted a veteran's disability pension. Appellant later filed her complaint for modification alleging a material and substantial change in circumstances. The district court concluded that it lacked subject matter jurisdiction because it believed it was being asked to divide Appellee's veteran's disability benefits, an action that was preempted by federal law. The Supreme Court reversed, holding that the district court was merely being asked to consider modifying alimony based on a reduction in Appellant's nondisability pension he shared with Appellee, and the district court had jurisdiction to consider this request.
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