Grams v. Grams

624 N.W.2d 42, 9 Neb. Ct. App. 994, 2001 Neb. App. LEXIS 49
CourtNebraska Court of Appeals
DecidedMarch 6, 2001
DocketA-99-1467
StatusPublished
Cited by36 cases

This text of 624 N.W.2d 42 (Grams v. Grams) is published on Counsel Stack Legal Research, covering Nebraska Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grams v. Grams, 624 N.W.2d 42, 9 Neb. Ct. App. 994, 2001 Neb. App. LEXIS 49 (Neb. Ct. App. 2001).

Opinions

Moore, Judge.

I. INTRODUCTION

Daniel S. Grams (Dan) appeals from the decree of dissolution filed October 20, 1999, by the district court for Kearney County which dissolved the marriage of Dan and Patricia A. Grams (Pat). For the reasons stated below, we affirm as modified.

II. BACKGROUND

The parties became engaged while Dan was attending the University of Nebraska at Lincoln, pursuing a bachelor’s degree in general agriculture. Pat did not attend college due to the cost, but worked full time while Dan attended college, saving most of her money. Dan graduated in May 1980, and the parties married on August 30 that same year. After the parties’ marriage, Pat chose to stay home to raise their children as agreed upon by the parties. After his graduation, Dan worked as a hired man for his father and rented some farm ground with his brother David. Dan and David farmed from 1980 to 1988 under the name Grams Brothers and for their father’s company, Grams Farms, receiving a salary. Grams Brothers rented farm ground and used the father’s equipment. Grams Brothers purchased its first parcel of farm real estate in 1982 or 1983. During this time period, Dan also purchased shares in Grams Farms from his parents beginning in 1981.

The assets of Grams Farms were divided in 1988, with Dan, his father, and Dan’s three brothers all forming separate corpo[997]*997rations. Dan formed Longhorn Farms, Inc., surrendering his share of Grams Farms stock and receiving one-fourth of the machinery, grain, and certain other assets of Grams Farms. Additionally, one-fourth of the bank debt of Grams Farms was transferred into Longhorn Farms. Dan is the sole shareholder in Longhorn Farms, which owns assets valued at over $1 million and which raises com and other grains rather than livestock. The first crop year for Longhorn Farms was 1989. Dan also owns 50 percent of Grams Brothers, which is an informal partnership between Dan and David. Grams Brothers owns, through Dan and David individually, 1,800 acres of farmland in Kearney and Franklin Counties, amounting to over 2.2 million dollars’ worth of real estate assets. Grams Brothers rents this farm real estate to Longhorn Farms and to David’s corporation, which pay rent to Grams Brothers determined year to year based on the land payment, interest, taxes, and other expenses incurred by Grams Brothers on the real estate, rather than for its true fair market value. In addition to the 1,800 acres owned by Grams Brothers, Dan and David rent 900 acres and custom farm another 1,500 acres. Dan also owns a 10-percent interest in his parents’ family farm corporation, B&G Corp., valued at $160,000, the result of a gift from his parents. Dan’s projected net income for 1999 was $103,000, although he testified at trial that Longhorn Farms had not made a profit for the last 2 to 3 years. Dan admitted on cross-examination at trial that in 1998 he purchased more farm equipment, and through Grams Brothers, he made more principal payments on land loans than in any of the previous 3 years. However, Dan further testified that he did not purchase any equipment in 1998 that was not necessary to replace worn out machinery and that he did not prepay or double pay anything with respect to Grams Brothers’ land, paying only what was required on principal under the various land contract terms.

Pat has been the primary caregiver for the parties’ four children bom in the 7 years from 1982 to 1989, whose ages were 9, 11, 14, and 16 at the time of trial. Pat began part-time employment as a postal relief person with the Upland, Nebraska, post office in 1985 after their second child was born, passing up several opportunities with the post office involving travel or full-time work which would take her away from caring for the par[998]*998ties’ children. In the approximate 2-year period prior to filing for the divorce, Pat’s part-time employment with the post office earned her $4,000 to $5,000 per year. Since about 1982 or 1983, Pat has also been self-employed part time during the school year hanging wallpaper and painting, which earns her an additional $5,000 to $6,000 per year. She wallpapers and paints from 8 a.m. to 4 p.m. in order to be home when the children return from school. Pat does not paint or wallpaper during the summer, in order to be involved in the children’s summer activities such as playing ball, biking, swimming, and 4-H. During the marriage, Pat assisted in the farming operation by moving equipment from one farm to the next during planting and harvest, running for parts, driving a truck, bookkeeping, yard and outbuilding maintenance, mowing, painting, minor repairs, meal preparation, housework, gardening, and canning. Besides caring for their children, homemaking, and farmwork, Pat’s other demonstrated job skills consist of restaurant cooking, bar service, clerical work, babysitting, and sewing.

Pat testified at trial that she brought approximately $50,000 in savings into the marriage. Pat further testified that she used some of the original $50,000 to purchase the parties’ first car in 1981, now driven by their teenage daughter. Pat did not recall how much she contributed toward the purchase of that first car, but testified that the purchase price was approximately $11,000. Dan agreed that the purchase price was approximately $11,000, but testified that in addition to whatever amount Pat contributed, he contributed the proceeds from selling a car that he owned while he was in school. Pat testified that she loaned $30,000 of her original $50,000 in savings to Grams Brothers, and she also testified to loaning $7,000 to Longhorn Farms. Grams Brothers paid back $27,000 of the principal plus the interest then due to Pat in the spring of 1997 after she and Dan separated, having previously paid back the other $3,000 of principal in 1984. Pat testified at trial that she did not know whether Longhorn Farms ever paid back the $7,000 loan. At trial, Dan did not recall the existence of the Longhorn Farms loan, but agreed that Pat had loaned $30,000 to Grams Brothers. Pat also testified that she used approximately $10,000 of her premarital savings to make the downpayment on the parties’ first home. Pat testified that [999]*999when they sold their first home, they invested the proceeds of $27,000 into improvements in the current family residence in Upland, which Longhorn Farms purchased from Dan’s parents in 1993. Longhorn Farms borrowed $50,000 toward the purchase price from the bank and another $50,000 from Pat’s mother. At trial, Dan was not asked about Pat’s contribution toward the downpayment on the parties’ first home or about how the proceeds from the sale of the first home were spent. Dan did agree, however, that the parties made substantial improvements and renovations after purchasing the current family home. At the time Pat filed for divorce, a little over $10,000 of Pat’s original $50,000 in savings remained in a certificate of deposit (CD), which she later cashed into an account to help pay her attorney fees in these proceedings.

The parties separated in November 1996 prior to Pat’s filing a petition for dissolution of marriage on September 3,1998. Pat and the children lived in the Upland family home through December 1997. From January through May 1998, Pat also rented a home in Minden where she and the children lived during the school week. Pat and the children lived in the family residence in Upland during the summer of 1998, moving full time into the Minden rental house in approximately September 1998.

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Grams v. Grams
624 N.W.2d 42 (Nebraska Court of Appeals, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
624 N.W.2d 42, 9 Neb. Ct. App. 994, 2001 Neb. App. LEXIS 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grams-v-grams-nebctapp-2001.