24 the note; any tax liability on the income from the note was petitioner's since she received the income from the note. Finally, petitioner testified that she did not ask for alimony or temporary support because she had the Packerland note, and claims that she waived future alimony, maintenance, or child support when she received the note from Stanko. Even if she did, a waiver would not have been consideration for the Packerland note. See Brown v. Borland, supra at 17. Petitioner and Stanko's divorce proceeding had not yet begun when Stanko transferred the note to petitioner. Stanko filed for divorce in July 1985, nearly a year after he transferred the note to her. Petitioner has not shown that she would have been awarded alimony or maintenance in her divorce from Stanko. Repayment of an antecedent debt (that is, a debt existing at the time of the transfer) can be fair consideration for transferred property for purposes of sections 36-603 and 36-607 of the Revised Statutes of Nebraska. See Schall v. Anderson's Implement, Inc., 484 N.W.2d 86, 90 (Neb. 1992). However, liability for alimony or child support that may arise in the future is not an antecedent debt for purposes of sections 36-603 and 36-607 of the Revised Statutes of Nebraska (Neb. Rev. Stat. secs. 36-603, 36-607 (reissue 1988)). See Brown v. Borland, supra at 17. We hold that petitioner did not give fair consideration for the note.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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