Binder v. Binder
291 Neb. 255
| Neb. | 2015Background
- Glenn (94) and Laura (95) Binder married in 1982; no children from the marriage. Laura moved into a nursing home in Dec. 2012.
- Laura has monthly income of $2,927.40 and monthly expenses of $6,230 (≈ $5,369 for nursing home), exhausting savings; she has negligible assets.
- Glenn is retired, receives ~ $2,890.73/month (including rental income), and is trustee of a trust holding ~222 acres of farmland with significant taxable value; land was premarital property.
- Trial court dissolved the marriage and ordered Glenn to pay $3,302.60/month alimony to cover Laura’s nursing home deficit; mobile home awarded to Glenn with $15,000 paid to Laura.
- Glenn appealed, claiming the alimony improperly reduces his net income below the poverty threshold in the Nebraska Child Support Guidelines and is therefore presumptively an abuse of discretion.
Issues
| Issue | Plaintiff's Argument (Glenn) | Defendant's Argument (Laura) | Held |
|---|---|---|---|
| Whether the Child Support Guidelines’ subsistence/poverty limitation bars an alimony award that reduces obligor below poverty level | Alimony that drives his net income below the guideline poverty line is presumptive abuse of discretion; court must make specific findings to deviate | Guidelines inapplicable because parties have no minor children | Guidelines (§4-218) do not apply absent minor children; Gress limitation not controlling here |
| Whether trial court abused discretion in ordering $3,302.60/month alimony | Amount is unreasonable because it leaves him below guideline poverty threshold | Amount is necessary to cover Laura’s nursing home deficit; consider Laura’s lack of income/assets and Glenn’s real property | Trial court did not abuse discretion; award is reasonable under §42-365 factors and equities |
| Whether premarital property (Glenn’s farmland) may be considered in alimony determination | Implied challenge: premarital nature might limit consideration | Court may consider all property (marital and separate) in fixing alimony | Court may consider Glenn’s premarital real estate when determining alimony |
| Standard of review and credibility deference | Appellate court should reverse if award is untenable | Trial court had opportunity to assess credibility of elderly witnesses | Appellate review is de novo but gives weight to trial court’s credibility determinations; no reversible error found |
Key Cases Cited
- Gress v. Gress, 274 Neb. 686, 743 N.W.2d 67 (Neb. 2007) (held child-support subsistence limitation applied to alimony when minor children present)
- Anderson v. Anderson, 290 Neb. 530, 861 N.W.2d 113 (Neb. 2015) (standards for reviewing domestic-relations matters and alimony)
- Molczyk v. Molczyk, 285 Neb. 96, 825 N.W.2d 435 (Neb. 2013) (discussing application of guidelines)
- Bryan v. Bryan, 222 Neb. 180, 382 N.W.2d 603 (Neb. 1986) (alimony not subject to precise mathematical formula)
- Bauerle v. Bauerle, 263 Neb. 881, 644 N.W.2d 128 (Neb. 2002) (courts may consider both marital and separate property in alimony)
- Heald v. Heald, 259 Neb. 604, 611 N.W.2d 598 (Neb. 2000) (appellate deference to trial court credibility findings)