Parish v. Parish

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Parish v. Parish

Case Number
Call Date
March 3, 2023
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-22-0066 Robert J Parish (Appellee) v. Kathleen M. Spence f/k/a Parish (Appellant)

Appeal from the District Court for Sarpy County, Judge Stefanie A. Martinez

Attorneys:  Aimee Melton and Megan Shupe (Reagan, Melton & Delaney for Appellant) and Van Schroeder (Bertolini, Schroeder & Blount for Appellee)

Civil: Modification of Special Alimony Award

Proceedings below:  A 2011 Decree of Dissolution of Marriage awarded Appellant special alimony that was subject to modification only if there was a disability offset against Appellee’s net disposable, non-disability pension. When Appellant sought to modify the special alimony award, the district court found that because of federal pre-emption, it lacked subject matter jurisdiction to modify the special alimony award. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.

Issues:  Appellant makes the following assignment of error:  The District Court erred by finding that it lacked subject matter jurisdiction.

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