Crouser v. Crouser

Summary

The court held that a litigated periodic alimony award incorporated into a divorce decree could not be vacated under Civ. R. 60(B)(4) or (5) when the asserted condition was known at the time of judgment and had not changed because of unforeseeable, uncontrollable circumstances. The governing remedy was review or modification under substantive alimony law, and the appellant had already pursued and lost direct appellate review. Douglas, J., concurring, agreed with affirmance but objected to the majority's reliance on amended statutes, dissolution cases, and the discussion of alimony-only proceedings.