Grothen v. Grothen (PFR)

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Grothen v. Grothen (PFR)

Additional Case Names

9:25 am

Case Number
Call Date
November 5, 2020
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-19-0472 Timothy R. Grothen (Appellant) v. Martha S. Grothen

Adams County District Court, Judge Stephen R. Illingworth

Attorneys:  Richard Alexander (Richard Alexander Law Office, for Appellant) – Robert Parker (Seiler & Parker, PC, LLO, for Appellee)

Civil: Alimony modification

Proceedings Below: The district court found that the Appellant failed to show that a material change of circumstances existed to justify the modification of his alimony obligation. The court then found Appellant’s request to modify was barred by the unclean hands doctrine. Finally, the court found that Appellant should be responsible for attorney fees incurred by the Appellee in relation to the modification proceedings.

Issues Presented: Appellant assigns the following errors: whether 1) the district court abused its discretion in failing to modify Appellant’s alimony obligation downward; 2) the district court abused its discretion in its determination that Appellant’s failure to satisfy his existing alimony obligation was willful, and thus, the doctrine of unclean hands precluded Appellant from obtaining a modification of his alimony obligation; and 3) the district court abused its discretion by ordering Appellant to pay Appellee’s attorney fees.

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