Thursday, September 13, 1984
University of Nebraska-Lincoln
Vol. 84 No. 14
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By Jeff Browne
Dally Nebrsskan SUff Editor
t
Gov. Bob Kerrey has revised guidelines
for state agencies budget requests in fis
cal 1G85-86.
At a press conference Wednesday, Ker
rey said he asked the agencies two weeks
ago to show more restraint in their re
quests. Kerrey said he changed the guide
lines now because he thinks that without
them, the budget might get "out of con
trol." The agencies' requests are due Mon
day. State agency employees still can expect
5 percent pay raises in the coming budget,
Kerrey said. He said he thinks the state
can afford these pay raises through a var
iety of measures, including job vacancies
and attrition rates, and reduced overall
expenditures within the agencies.
In other budget news, Kerrey said he
told Lincoln Mayor Roland Luedtke Tues
day that the Legislature probably will
Cohabitation issue clouds
e's right to alimony
ex-wif
Ey Hloi&a Z. Koppekasxi
DUy Nebraskta SerJor Beptwter
Editor's Kcte: This article Is th
cf a two part series.
Nebraska Supreme Court justices are
considering cohabitation as grounds for
a former spouse to stop paying alimony.
Attorneys for Jerry Ernest Roth and
his ex-wife Carol Sue Roth argued their
positions Friday. The Roths divorced in
Platte County in March 1982. Mrs. Roth is
living with Peter Smith Ely of Denver, an
attorney who is also representing her.
Alimony decisions involving cohabita
tion are rare, but not unknown. And
experts say such cases will become more
and more common because live-in arran
gements are increasing.
The U.S. Census Bureau reports that
the number of unmarried couples living
together has more than tripled since 1 970.
In 1983, one in 25 couples living together
was not married.
Alimony decisions are no-fault deci
sions based on economics: for example,
how much he can afford to pay, how
much she and maybe their children
needs to live comfortably.
But the Roth decision by the Nebraska
Supreme Court and subsequent decisions
may have social and moral implications
as well. Do we continue to promote the
institution of marriage? Should we dis
courage cohabitation?
Traditionally, laws made by legislative
bodies and by courts are based on socie
ty's ethics and morals. We do not permit1
people to murder. We do not permit adul
tery laws punishing adultery are still on
the books in most of the 50 states. But legal
and ethical experts question where the
line should be drawn.
When Jerry and Carol Roth divorced,
Roth vas ordered to pay $550 monthly in ,
child support for their two children and
$50,000 in alimony to Mrs. Roth. Mrs.
Roth's alimony was to be payed first in an
initial lump sum of $10,000, followed by
annual payments of $4,000 for 10 years.
Mark M. Sipple, Roth's attorney, said in
his Supreme Court brief that Ely Is con
tributing to Mrs. Roth's financial support,
and that her ex-husband's alimony pay
ments should be terminated.
Mr. Roth's brief, written by Sipple, stated
that Carol Sue Roth has had additional
income of up to $850 per month since
March 1932, and that Jerry Roth has
shown good cause why he should discon
tinue alimony payments.
It went on to say that in the mid-1950s,
cohabitation was against the law and
criminal sanctions could be imposed. Had
Ely and Carol Roth been living together in
1955, they would be married by common
law and Jerry Roth would not have to pay
alimony.
Mrs. Roth and her attorney Ely argue
that any savings on living expenses be
it money from parents or a roommate
having no sexual relationship would
then reduce alimony payments. There is
no precedent for this, according to Ely's
brief.
Ely and Mrs. Roth point out that, in
cases where cohabitation was found to
affect alimony payments, the states in
volved recognized common-law marriages
which the state of Nebraska does not
recognize.
Ely also cites Nebraska Supreme Court
case Bowman v. Bowman (1956), which
held that the failure of a wife to "lead a
chaste life" is no grounds for depriving
her of alimony making alimony an
economic, not a moral issue.
Two observers were split on their spec
ulations about the outcome of the Roth
case.
Martin Gardner, UNL law professor,
said he thinks the court will reduce or
terminate Mrs. Roth's alimony. He said
the state's policy isto encourage
marriage and discourage cohabitation.
Some of the ways marriage is sup
ported include not recognizing common
law marriages, narrow legal grounds for
divorce and tax breaks for married
people.
, Continued on page 6
Inside "
Beam over to Mueller Planetarium's Laser Fantasy light show
m m , ............................................. Psgs 8
New Lincoln band making Progress Paga 12 '
Sportsview features th Huskers' supporting crew from cheer
leaders to the fiag team Pag 13
Classified 14
Crossword 13
Editorial 4
The Mag 11
reject a proposed Lincoln city sales tax
increase.
Luedtke has been petitioning the Legis
lature to allow the city to raise its sales
tax from 1 to 1.5 percent the same as
Omaha's.
Kerrey said the proposal probably will
die because he may need to broaden the
state sales tax base to offset local prop
erty tax losses.
Nebraska will have a difficult time find
ing buyers for its failing banking institu
tions in the future, Kerrey said. He said
that it will be tougher to find buyers
because in-state institutions are reaching
their purchasing limits.
Kerrey proposed an interstate banking
bill in the Legislature's special session
two weeks ago. The bill would have allowed
out-of-state banks to buy Nebraska insti
tutions. The Legislature's banking com
mittee defeated the measure.
In other statehouse news, Kerrey estab
lished the Governor's Traffic Safety Advi
sory Council, to be chaired by Holly Jensen.
Jensen is the director of the Nebraska
Department of Motor. Vehicles.
The council is to meet at least three
time3 every year and report its findings to
Kerrey. The governor said he has not dis
cussed a mandatory seat belt law.
When asked whether he wears a seat
belt in the governor's limousine, Kerrey
responded, "Not as often as I should."
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Joel SartoreOaily Nbresktn
The 'Unknown Cornstalks 9
Tom McMurrsy, a research technologist in agronomy, stands with stapler and
bag in hand Tuesday before checking his sorghum test field on East Campus.
McMurray put paper bags over the plants a few weeks ago when birds began
eating the maturing grain. Since then, he has checked the plants daily to
replace any bags blown away by the wind.
"We didn't think it would happen," McMurray aid. "But if you let it go, the
birds start coming in here in a swarm."
UN
Lto
combine ires
hman
orientation, registration
By Jeiwi NyfTelcr
Dally Nebrask&n Staff Writer
Suzie has graduated from high school
A whole summer awaits her.
But according to Suzanne Brown, chair
woman of IJNL's Pre-RegistrationNew
Student Orientation task force, Suzie
might have to interrupt her fun next
summer to trek to UNL for combined reg
istration and New Student Orientation.
Speaking before the Association of
Students of the University of Nebraska
representatives Wednesday night, Bro wn
said the current freshman registration
process which allows freshmen to regis
ter in the spring by mail isjmique to UNL.
In this way, 40 percent of IJNL's enter
ing freshmen don't -get complete sche
dules, which must be finalized through
the drop and add process.
All new students are invited to attend
NSO during tle first five-week summer
session. They can talk with an advisor
then, Brown said.
The task force is considering changes
in this process. According to Brown, fewer
than half of the entering freshmen go to
NSO now 44.6 percent this year. At
universities where orientation and regis
tration are combined, 85 to 90 percent of
the new freshmen participate.
The six professional advisors who do
the programming of freshman schedules
also advise 1,500 to 2,000 undeclared
students. Without the freshman program
ming load, the advisors could work closer
with the undeclared students who are
more likely to drop out of school.
A survey of freshmen.conducted by the
task force indicated that most of the
respondents prefer the current system of
mail-in registration, according to Brown.
The task force proposes twelve 2-day
orientation sessions for incoming fresh
men who plan to live on campus and four
one-day sessions for commuting students.
The sessions would blend academic advis
ing, registration and orientation. The
proposal recommends that every student
who participates leave with a complete
schedule. It would eliminate spring fresh
men pre-registration. If students are un
able to attend summer orientation, they
can pre-register by mail at the same time
as orientation or shortly before general
registration, Brown said.
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