Carruth v. Carruth, 44267
| Decision Date | 09 July 1982 |
| Docket Number | No. 44267,44267 |
| Citation | 321 N.W.2d 912,212 Neb. 124 |
| Parties | Anitria G. CARRUTH, Appellant, v. Daniel D. CARRUTH, Appellee. |
| Court | Nebraska Supreme Court |
Syllabus by the Court
Alimony. One of the elements to be considered in the allowance of alimony is the earning capacity of the husband.
Michael N. Schirber, of Schirber Law Office, P. C., Papillion, for appellant.
No appearance for appellee.
Heard before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, CLINTON, WHITE, HASTINGS, and CAPORALE, JJ.
In this action for dissolution of the marriage of the parties, the appellant wife, Anitria G. Carruth, appeals from that portion of the decree of the District Court of Nebraska, Second Judicial District, in and for Sarpy County, which relates to the division of property and awards certain allowances to her. We affirm the decree of the trial court, as modified.
As of the date of trial, January 6, 1981, appellant was 41 years of age and appellee, Daniel D. Carruth, was 48 years of age. They were married on June 10, 1961, and have four minor children ages 17, 16, 11, and 5 as of the date of dissolution. The appellant is a college graduate with a degree in psychology and earns a gross salary of $950 per month, yielding a net income of approximately $610 per month. The appellee is a retired major from the U. S. Air Force and receives a gross pension of $1,315 per month. He is not presently employed and has sought no employment, but testified that he could earn $1,000 per month.
The trial court awarded the family residence having an equity of approximately $37,736, household goods valued at $3,701, an automobile having an equity of about $300, and alimony in the sum of $100 per year to Mrs. Carruth.
The decree ordered Mr. Carruth to pay child support of $200 per month for each of the two younger children and $100 per month for each of the two older children, for a total of $600 in child support payments. Mr. Carruth was awarded his military pension having a value, if he lives out his full life expectancy, of about $400,000. He was ordered to pay the family debts, except for the two mortgages on the residence and the mortgage on the automobile awarded to Mrs. Carruth.
We review this matter de novo. Puetz v. Puetz, 211 Neb. 674, 319 N.W.2d 761 (1982). In that connection we observe that one of the elements to be considered in the allowance of alimony is the earning capacity of the husband. Kosnopfl v. Kosnopfl, 206 Neb. 524, 293 N.W.2d 854 (1980); Wheeler v. Wheeler, 193 Neb. 615, 228 N.W.2d 594 (1975); Stevens v. Stevens, 184 Neb. 370, 167 N.W.2d 761 (1969); Sowder v. Sowder, 179 Neb. 29, 136 N.W.2d 231 (1965).
Although appellee's income is $1,315 per month, his earning capacity is $2,315 per month. See Pyke v. Pyke, 212 Neb. 114, 321 N.W.2d 906 (1982).
Although Mrs. Carruth has earning capacity and is currently employed, the evidence establishes...
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