Burgardt v. Burgardt (PFR)

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Burgardt v. Burgardt (PFR)

Case Number
Call Date
October 4, 2019
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-17-1116 Harlan D. Burgardt (Cross-Appellant) v. Shirley L. Burgardt (Appellant)

Adams County District Court, Judge Terri S. Harder

Attorneys: Richard L. Alexander (Richard Alexander Law Office, for Appellant) — Nicholas D. Valle (Langvardt, Valle & James, for Cross-Appellant)

Civil: Dissolution of marriage; Petition for further review

Proceedings Below: The court dissolved the marriage, divided the marital estate, and awarded alimony.

Issues: Appellant claims that the court erred in 1) providing Cross-Appellant with a $130,000 credit for his alleged premarital 401(k), 2) awarding Cross-Appellant a $60,000 credit for funds he allegedly inherited and applied toward the purchase of the home farm, and 3) awarding Appellant only $200 per month in alimony.

            On cross-appeal, Cross-Appellant assigns that the court abused its discretion 1) when it did not allocate between the parties the tax liability created by the sale of the farms and equipment and 2) in awarding alimony.

            On Cross-Appellant’s petition for further review, he assigns that the Court of Appeals erred 1) when it found that Cross-Appellant failed to meet his burden of proof that he had $130,000 in a 401(k); and 2) by finding that Cross-Appellant failed to meet his burden of proof that he received a $60,000 inheritance during the marriage.



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