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Binder v. Binder

Supreme Court of Nebraska

June 26, 2015

GLENN W. BINDER, APPELLANT,
v.
LAURA L. BINDER, APPELLEE

Page 690

Appeal from the District Court for Pawnee County: DANIEL E. BRYAN, JR., Judge.

Claude E. Berreckman, Jr., of Berreckman & Davis, P.C., for appellant.

Andrew M. Ferguson, of Carlson & Burnett, L.L.P., for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, MCCORMACK, MILLER-LERMAN, AND CASSEL, JJ.

OPINION

Page 691

[291 Neb. 256] Connolly, J.

SUMMARY

The court dissolved the marriage of nonagenarians Laura L. Binder and Glenn W. Binder and ordered Glenn to pay alimony. On appeal, Glenn argues that the amount of alimony is a presumptive abuse of discretion because it drives his net income below the poverty line in the Nebraska Child Support Guidelines.[1] Glenn cites Gress v. Gress,[2] where we held that the subsistence limitation in the guidelines also applied to an alimony award. Laura argues that Gress does not apply here because, unlike the parties in Gress, she and Glenn do not have any minor children.

We conclude that the guidelines do not apply because Laura and Glenn have no minor children. So, the amount of alimony is not a presumptive abuse of discretion because it pushes Glenn's net income under the poverty threshold in the [291 Neb. 257] guidelines. Nor can we say that the award is an abuse of discretion under the circumstances. We therefore affirm.

BACKGROUND

Laura and Glenn married in 1982. Neither was the other's first spouse, and their marriage did not produce any children. At the time of trial, Laura was 95 and Glenn was 94.

Page 692

Glenn is retired now, but he used to farm and operate a fertilizer business. Laura did not work outside the home. According to Glenn, Laura did not help in the fields, although he stated that she might have retrieved parts for his fertilizer business. He testified that she ...


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