 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Grahovac v. Grahovac6/8/2004
ts were reduced to $25 per month for the remaining 48 months of the original 84 months of alimony as set forth in the decree. Susan appeals.
ASSIGNMENTS OF ERROR
Susan asserts, reassigned and restated, that the trial court erred in (1) finding a material change of circumstances justifying a downward modification of alimony, (2) finding a material change of circumstances justifying a downward modification of child support, (3) finding that the alimony was modifiable, and (4) conducting an ex parte review of prior proceedings without notice to the parties' counsel.
STANDARD OF REVIEW
Modification of a dissolution decree, child visitation, and amount of child support and alimony are matters entrusted to the trial court's discretion, and although, on appeal, the issue is reviewed de novo on the record, the decision of the trial court will be affirmed absent an abuse of discretion. See, Crawford v. Crawford, 263 Neb. 37, 638 N.W.2d 505 (2002); Pope v. Pope, 251 Neb. 773, 559 N.W.2d 192 (1997); Lawson v. Pass, 10 Neb. App. 510, 633 N.W.2d 129 (2001).
A judicial abuse of discretion exists when a judge, within the effective limits of authorized judicial power, elects to act or refrains from acting, and the selected option results in a decision which is untenable and unfairly deprives a litigant of a substantial right or a just result in matters submitted for disposition through a judicial system. Crawford v. Crawford, supra.
ANALYSIS
Alimony
[3-6] Susan asserts that the trial court erred in finding that there was a material change in circumstances to justify reducing the amount of alimony as stated in the decree. An award of alimony may be modified or revoked if the moving party can show good cause. See Pope v. Pope, supra. In an action for modification of alimony, good cause is demonstrated by a material change in circumstances, but any changes in circumstances which were within the contemplation of the parties at the time of the decree, or that were accomplished by the mere passage of time, do not justify a change or modification of an alimony order. Id. Whether good cause exists for modification of an order for alimony depends upon the circumstances of each case. Krause v. Krause, 9 Neb. App. 774, 619 N.W.2d 611 (2000). An appellate court does not determine whether it would have made the same modification as did the trial court, but whether the trial court's award is untenable such as to deprive a party of a substantial right or just result. Id. The trial court in the instant case determined that both parties had incurred a substantial change in income compared to their respective incomes at the time of the original decree. Thus, the court reduced the amount of alimony to be paid from $675 per month to $25 per month. Susan contends that Michael failed to show good cause, because the reduction in his income was attributable to his alcoholism.
In Lambert v. Lambert, 9 Neb. App. 661, 617 N.W.2d 645 (2000), the trial court modified the divorce decree by reducing the father's child support and alimony obligation, even though his reduction of income resulted from his employment resignation precipitated by a failed random drug test. He had failed several random drug tests given by his employer, and after the third failed test, his employer offered him the option to enroll in an Employee Assistance Program or be terminated. He did not enroll in the program and was subsequently given the opportunity to resign or be terminated. He resigned and then filed a petition to modify the divorce decree to reduce his child support and alimony obligations. The district court granted his motion for modification and reduc
Page 1 2 3 4 5 Nebraska Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|