Jean A. Stanko - Page 24

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          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.               








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