Jean A. Stanko - Page 23

                                         23                                           
          assets, alimony, and child support; and (c) she agreed to assume            
          Stanko's tax liability on the income from the note.                         
               We disagree.  First, petitioner did not own any Stanko                 
          Packing stock and has not proven that she was entitled to a one-            
          half marital interest in its assets.  Petitioner's reliance on              
          Thiltges v. Thiltges, 527 N.W.2d 853 (Neb. 1995), for the                   
          proposition that she was entitled to a one-half marital interest            
          in the Stanko Packing assets upon dissolution of her marriage is            
          misplaced.  In Thiltges, the Supreme Court of Nebraska stated               
          that the division of property is not subject to a precise                   
          mathematical formula, that the general rule is to award a spouse            
          one-third to one-half of the marital estate, and that the                   
          ultimate test in making a division of marital property is                   
          fairness and reasonableness as established by the facts of each             
          case.  Id. at 857-858.  Thus, petitioner has not shown that she             
          was entitled to a one-half marital interest in the Stanko Packing           
          assets.  Second, petitioner testified that Stanko transferred the           
          note to her because he thought it was fair to give her something            
          because she was his wife and she had supported him during his               
          criminal trial.  We think a more likely explanation for the                 
          transfer 3 days after his criminal conviction is that Stanko                
          wanted to keep the property in petitioner's hands and away from             
          his creditors.  Third, petitioner's payment of tax liabilities              
          arising from the income from the note is not consideration for              






Page:  Previous  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  Next

Last modified: May 25, 2011