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For Baby Boomers, divorce is booming, too
This is the third in a series of articles looking at how the aging of America’s population is affecting the practice of law. Divorce rates in the United States have been on a steady decline for decades, but one group of Americans is heading decidedly in the opposite direction. A report published by the Pew […]
Domestic Relations – Alimony – Imputed Income – Job Loss
Where the evidence supports the trial court’s finding that the defendant-husband could earn $100,000 per year, and considering the rent he receives for his real property, we reject the husband’s argument that the trial court’s alimony award is an abuse of discretion because it will force him to deplete his estate at his current income […]
Domestic Relations – Alimony & Child Support – Estate Depletion – Contempt – Imputation of Income – Attorney’s Fees
The equities of the parties’ situations (the wife’s smaller estate and her decreased spending compared to the husband’s much larger estate and his freer-spending ways) support the trial court’s requirement that the husband deplete his estate to continue to pay alimony during his period of unemployment; however, the trial court could not order the husband […]
Domestic Relations – Alimony – Indian Annulment – Parties’ Earning Capacities – Attorney’s Fees
Although the defendant-wife contends that the parties only cohabited for 71 days, which she says is too short a time to develop a “standard of living,” the plaintiff-husband moved to the United States in order to reside with the wife and enjoyed a certain standard of living upon his arrival here. We affirm the trial […]
Domestic Relations – Civil Practice – Venue – Defendant’s Residence – Future Motions
As required by G.S. § 50-3, the trial court found that, at the time plaintiff’s alimony action was brought, both parties resided in North Carolina and that plaintiff has since moved out of the state. However, even though there was some evidence that, when plaintiff filed her alimony action, defendant did not live in […]
Domestic Relations – Alimony – Cohabiting – Economic Impact Factor
The court rejects defendant’s argument that cohabitation requires a showing that the dependent spouse’s new relationship has an “economic impact” that is “akin to the impact that would be created by remarriage.” Instead, the economic impact of a new relationship is just one factor for the court to consider. We affirm the trial court’s order […]
Domestic Relations – Alimony – Insufficient Findings – Husband’s Income – Statutory Factors
Despite receiving a raise, the plaintiff-husband reported that his net monthly income fell, due in part to an extra $500 being withheld from his pay for federal taxes, leaving a “deficit” of $306 per month, and leading the trial court to rule that plaintiff could not afford to pay alimony. Without knowing the source of […]
Domestic Relations – Alimony – Future Expenses – Child Support – Changed Circumstances – Health Insurance – Equitable Distribution – Storage Fees – Separate Expense
Although the plaintiff-wife moved in with her mother after the parties’ separation, the trial court could find that “she cannot be expected to live with her mother permanently,” and its alimony award could take into account plaintiff’s reasonable housing expenses. We affirm the trial court’s alimony and child support awards. We reverse the equitable distribution […]
Domestic Relations – Alimony – Dependent Spouse – Income Possibilities – Expenses – Child Support
Alday v. Alday (Lawyers Weekly No. 012-168-17, 12 pp.) (John Arrowood, J.) Appealed from Guilford County District Court (Jan Samet, J.) N.C. App. Unpub. Holding: Although the trial court found that the plaintiff-wife’s reasonable expenses exceeded her income, the trial court never found that plaintiff had no other means with which to meet those expenses. […]
Domestic Relations – Equitable Distribution – Entry of Default – Alimony – Factors
Boldon v. Boldon (Lawyers Weekly No. 012-160-17, 28 pp.) (Robert Hunter Jr., J.) Appealed from Catawba County District Court (Sherri Wilson Elliott, J.) N.C. App. Unpub. Holding: Since defendant ignored several chances to file his own pre-trial equitable distribution affidavit, not only could the trial court refuse to allow defendant to offer evidence, but it […]
Domestic Relations – Alimony – Wife’s New Relationship – No Cohabitation – Wife’s Income
Davis v. Davis (Lawyers Weekly No. 012-130-17, 15 pp.) (Linda McGee, C.J.) (John Tyson, J., concurring in the result only without separate opinion) Appealed from Rowan County District Court (Kevin Eddinger, J.) N.C. App. Unpub. Holding: The trial court’s conclusion that the plaintiff-wife was not cohabiting with her boyfriend is supported by binding findings of […]
Domestic Relations – Alimony – Cohabitation Defense
Orren v. Orren (Lawyers Weekly No. 011-151-17, 6 pp.) (Richard Dietz, J.) Appealed from Alexander County District Court (Christine Underwood, J.) N.C. App. Holding: Although the cohabitation statute, G.S. § 50-16.9(b), says that alimony “shall terminate” in situations in which alimony has already been awarded before the cohabitation began, the alimony statute, G.S. § 50-16.3A(b), […]
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