Coffey v. Coffey, 42475

• Decision Date: 03 January 1980
• Docket Number: No. 42475,42475
• Citation: 286 N.W.2d 753,205 Neb. 191
• Parties: William C. COFFEY, Appellee, v. Judith C. COFFEY, Appellant.
• Court: Nebraska Supreme Court

Page 753

286 N.W.2d 753

205 Neb. 191

William C. COFFEY, Appellee, v. Judith C. COFFEY, Appellant.

No. 42475.

Supreme Court of Nebraska.

Jan. 3, 1980.

Syllabus by the Court

Divorce: Parent and Child: Minors. Both parties to a marriage are obligated to support minor children.

John P. Inserra, Omaha and Raymond E. Pogge, Council Bluffs, Iowa, for appellant.

James P. Costello, of Costello & Dugan and Terry M. Anderson, of Lathrop, Albracht & Swensen, Omaha, for appellee.

Heard before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, CLINTON, BRODKEY, WHITE and HASTINGS, JJ.

WHITE, Justice.

In this action for dissolution, the trial court dissolved the marriage, awarded custody of three minor children, now 14, 10, and 8 years of age, to petitioner-husband, divided the marital property, and ordered respondent-wife to pay $150 per month child support. Respondent appeals, assigning error in each of the principal findings of the trial court, except the dissolution. We affirm.

William C. and Judith C. Coffey were married January 23, 1965. Each had little property at the time of the marriage, and each worked during the marriage, except for the comparatively short periods in the case of Judith after delivery of each of her children.

At the time of the dissolution, petitioner had custody of the three minor children. The parties stipulated as to the value of their joint assets, which included equity in a home of approximately $17,500, a 1976 Chevrolet half-ton truck valued at $4,250, a 1973 Volkswagen worth $1,875, household furnishings which were not valued by the parties, a savings account in Judith's name at Commercial Federal, and a Bell Federal Credit Union account of $2,427.42.

The trial court awarded the possession of the home to William and required him to continue the principal, interest, and tax payments. Petitioner was awarded the use of the home until the children reach their majority or are no longer entitled to support. Petitioner was also awarded the 1976 pickup, the household furnishings, and his personal effects. Judith was awarded one-half the equity in the home in the amount of $8,750 to be paid after sale, which was ordered to take place not more than 120 days from the termination of the support obligation. Judith received the Volkswagen, the accounts in the credit union, savings account, and her personal effects.

We review the record de novo, but are conscious that the trial court saw and heard the witnesses and was the best judge of their credibility. Young v. Young, 195 Neb. 163, 237 N.W.2d 135 (1976).

Judith filed an answer in which she alleged that each party was fit and proper to have custody of the children. At trial she sought to amend to allege William was unfit. At the conclusion of the evidence, the trial court overruled the motion. We agree with the trial judge that each party is fit to have custody. The children would no doubt receive adequate care and supervision from either parent. It is well established that the trial court's determination on granting custody will not ordinarily be disturbed unless there is a clear abuse of discretion. Mason v. Mason, 200 Neb. 476, 263 N.W.2d 865 (1978). Nor is it error for a trial court to refuse a motion to amend when the relief requested could not properly have been granted in view of the evidence. Omaha Nat. Bank v. Koliopoulos, 204 Neb. 752, 285 N.W.2d...